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									                  OFFICIAL JOURNAL                                   SENATE RESOLUTION NO. 98—
                                                                          BY SENATOR MICHOT
                            OF THE                                                            A RESOLUTION
                                                                     To urge and request the Department of Health and Hospitals to
                       SENATE                                            promulgate and publish rules and regulations to enhance the
                            OF THE                                       criteria for enrollment in the Louisiana Medical Assistance
                                                                         Program for providers of customized wheelchairs (manual or
            STATE OF LOUISIANA                                           power), to enhance the prior authorization of requests for
                   _______                                               customized wheelchairs (manual or power) submitted on behalf
       FORTY-SIXTH DAY'S PROCEEDINGS                                     of Medicaid recipients, and to provide for a deadline for
                    _______                                              providers of customized wheelchairs to come into compliance
       Twenty-Ninth Regular Session of the Legislature                   with such rules and regulations.
                Under the Adoption of the
                   Constitution of 1974                                  On motion of Senator Michot, the resolution was read by title
                           _______                                   and adopted.
                        Senate Chamber                               SENATE RESOLUTION NO. 99—
                          State Capitol                                   BY SENATORS FONTENOT, BARHAM, BEAN, CAIN, CHAISSON,
                     Baton Rouge, Louisiana                               CRAVINS, DEAN, ELLINGTON, HINES, HOLDEN, HOYT, B. JONES,
                                                                          LAMBERT, SMITH AND THOMAS
                                           Friday, June 20, 2003                               A RESOLUTION
                                                                     To urge and request the newly elected governor taking office in
    The Senate was called to order at 9:00 o'clock A.M., by Hon.         January 2004 to honor a commitment on the part of the state to
John Hainkel, President of the Senate.                                   certain local school systems and include in the executive budget
                                                                         proposal for FY 04-05 funding in the amount of three million
                        ROLL CALL                                        seven hundred thousand dollars for the third and final payment
                                                                         by the state to such school systems to restore a one-time only
    The roll being called, the following members answered to their       reduction in funding for the pay raise for certificated personnel
names:                                                                   provided for in the minimum foundation program formula
                                                                         adopted by the State Board of Elementary and Secondary
                           PRESENT                                       Education and approved by the legislature for the 2001-2002
                                                                         school year.
Mr. President              Fields               Lentini
Adley                      Fontenot             Malone                    The resolution was read by title; lies over under the rules.
Bajoie                     Gautreaux            Marionneaux
Barham                     Heitmeier            McPherson            SENATE RESOLUTION NO. 100—
Bean                       Hines                Michot                    BY SENATOR GAUTREAUX
Boissiere                  Holden               Mount                                       A RESOLUTION
Cain                       Hollis               Romero               To commend Adam Michael Crappel for setting a new world record
Chaisson                   Hoyt                 Schedler                  in the American Power Lifting Association.
Cravins                    Irons                Smith
Dardenne                   Johnson              Tarver                   On motion of Senator Gautreaux, the resolution was read by title
Dean                       Jones, B             Theunissen           and adopted.
Dupre                      Jones, CD            Thomas
Ellington                  Lambert              Ullo                 SENATE RESOLUTION NO. 101—
                                                                          BY SENATORS HAINKEL, ADLEY, BAJOIE, BARHAM, BEAN,
 Total—39                                                                 BOISSIERE, CAIN, CHAISSON, CRAVINS, DARDENNE, DEAN, DUPRE,
                            ABSENT                                        ELLINGTON, FIELDS, FONTENOT, GAUTREAUX, HEITMEIER, HINES,
                                                                          HOLDEN, HOLLIS, HOYT, IRONS, JOHNSON, B. JONES, C. JONES,
                                                                          LAMBERT, LENTINI, MALONE, MARIONNEAUX, MCPHERSON,
 Total—0                                                                  MICHOT, MOUNT, ROMERO, SCHEDLER, SMITH, TARVER,
                                                                          THEUNISSEN, THOMAS AND ULLO
     The President of the Senate announced there were 39 Senators                             A RESOLUTION
present and a quorum.                                                To commend Senator Ron Bean on his many achievements,
                                                                        accomplishments, contributions, and service to the people of our
                            Prayer                                      nation, the state of Louisiana, and Senate District 38 and to his
                                                                        colleagues in the Senate.
     The prayer was offered by Rev. Rodney Woods, following which
the Senate joined in pledging allegiance to the flag of the United       On motion of Senator Hainkel, the resolution was read by title
States of America.                                                   and adopted.

                  Reading of the Journal                                                Privilege Report of the
                                                                                          Legislative Bureau
     On motion of Senator Lambert, the reading of the Journal was
dispensed with and the Journal of yesterday was adopted.                                        June 20, 2003

                       Morning Hour                                  To the President and Members of the Senate:

                Introduction of Resolutions,                             I am directed by your Legislative Bureau to submit the following
                                                                     report:
                  Senate and Concurrent
                                                                          The following bills are approved as to construction and
     Senator Lambert asked for and obtained a suspension of the      duplication. We advise and suggest the following amendments to the
rules for the purpose of introducing and reading the following       engrossed bills.
Resolutions, Senate and Concurrent, a first and second time and
acting upon them as follows:
Page 2 SENATE                                                                                  46th DAY'S PROCEEDINGS
June 20, 2003
HOUSE CONCURRENT RESOLUTION NO. 209—                                         AMENDMENT NO. 1
     BY REPRESENTATIVE GUILLORY AND SENATOR MOUNT                            In Senate Committee Amendment No. 1 proposed by the Senate
                A CONCURRENT RESOLUTION                                      Committee on Local and Municipal Affairs adopted by the Senate on
To suspend until sixty days after final adjournment of the 2004              June 19, 2003, on line 2, following "9," delete the remainder of the
    Regular Session of the Legislature the provisions of Subpart B-          line and insert "between "pleading," and "he" insert "(1)""
    28 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised
    Statutes of 1950, comprised of R.S. 33:130.551 through                   AMENDMENT NO. 2
    130.559, relative to the North Lake Charles Economic                     On page 2, line 26, following "property" and before "vacant" change
    Development District, to suspend all aspects and provisions of           "are" to "is"
    law with respect to the North Lake Charles Economic
    Development District.                                                    AMENDMENT NO. 3
                                                                             On page 10, line 7, following "R.S. 19:1367" and before the comma
     Reported without amendments.                                            "," change "(C)" to "(B)"
HOUSE BILL NO. 1685—                                                         HOUSE BILL NO. 2029 (Substitute for House Bill No. 989 by
     BY REPRESENTATIVES PEYCHAUD AND MURRAY
                             AN ACT                                             Representative Townsend)—
                                                                                  BY REPRESENTATIVE TOWNSEND
To amend and reenact Sections 7(c), 9(b), (d), and (e), and 20(l) of                                      AN ACT
    Act No. 170 of the 1968 Regular Session as amended by Act                To amend and reenact R.S. 37:1041, 1042(A) and (C), 1046(B) and
    No. 299 of the 1972 Regular Session and Act No. 135 of the                   (C), 1048(3) and (4), 1050, 1051(A) and (C)(1), 1057, 1058,
    1994 Third Extraordinary Session, relative to the New Orleans                1063(introductory paragraph), (1), and (2), and 1064(B) and
    Community Improvement Act; to provide relative to electorate                 (C), to enact R.S. 37:1041(A) and (B), 1042(D) and (E),
    approval of community improvement plans undertaken by the                    1048(5) and (6), 1049(6), 1063(B), (C), and (D), and 1064(F)
    New Orleans Redevelopment Authority; to provide with respect                 and R.S. 44:4(37), and to repeal R.S. 37:1063(9), (10), and (11),
    to disposition of property by the authority; and to provide for              relative to optometry; to provide for the public purpose; to
    related matters.                                                             provide for a limitation from liability; to provide for travel,
                                                                                 hearings, and subpoena authority; to provide for licensure fees,
     Reported without amendments.                                                violations, and civil penalties; to provide for exception to the
                                                                                 public records law; and to provide for related matters.
HOUSE BILL NO. 1757—
     BY REPRESENTATIVE WALSWORTH
                               AN ACT                                             Reported with amendments.
To enact R.S. 33:2740.55, to create the Southwest Ouachita
    Economic Development District; to provide relative to the                          LEGISLATIVE BUREAU AMENDMENTS
    purpose, boundaries, and governance of the district; to provide          Amendments proposed by Legislative Bureau to Reengrossed House
    relative to district plans; and to provide for related matters.          Bill No. 2029 by Representative Townsend
     Reported without amendments.                                            AMENDMENT NO. 1
HOUSE BILL NO. 1892—                                                         On page 9, line 19, following "by" and before "is" change "Section
     BY REPRESENTATIVE WALSWORTH
                                AN ACT                                       1056(1)" to "R.S. 37:1056(1)"
To enact R.S. 33:2493(C)(3), relative to admission requirements for
     certain fire or police service tests; to remove the requirement         AMENDMENT NO. 2
     that an applicant for certain fire or police service tests shall be     On page 12, line 15, following "R.S." and before "is" change
     a qualified elector of the state; and to provide for related matters.   "37:1041(3)" to "37:1041(C)(3)"

     Reported without amendments.                                                                                        Respectfully submitted,
                                                                                                                            LOUIS LAMBERT
HOUSE BILL NO. 2007 (Substitute for House Bill No. 1502 by                                                                             Chairman
   Representative Landrieu)—
     BY REPRESENTATIVES LANDRIEU, MURRAY, AND PEYCHAUD                                Adoption of Legislative Bureau Report
                               AN ACT
To enact Part III-F of Title 19 of the Louisiana Revised Statutes of              On motion of Senator Lambert, the Legislative Bureau
    1950, to be comprised of R.S. 19:136 through 136.11, relative            amendments were adopted and the Bills and Joint Resolutions were
    to expropriation by a declaration of taking; to provide for              read by title and passed to a third reading.
    legislative intent; to provide for definitions; to provide for
    applicability to municipalities with a population greater than                              Reports of Committees
    four hundred fifty thousand; to provide for the authority to
    expropriate; to provide for the contents of the petition; to                  The following reports of committees were received and read:
    provide for a determination of value; to provide for vesting of
    title; to provide for notice; to provide for opposition and waiver            SUPPLEMENTAL REPORT OF COMMITTEE ON
    of defenses; to provide for procedures and delays for filing an
    answer; and to provide for related matters.
                                                                                      LOCAL AND MUNICIPAL AFFAIRS
     Reported with amendments.
                                                                                 Senator Bajoie, Chairman on behalf of the Committee on Local
           LEGISLATIVE BUREAU AMENDMENTS                                     and Municipal Affairs, submitted the following report:

Amendments proposed by Legislative Bureau to Reengrossed House                                          June 19, 2003
Bill No. 2007 by Representative Landrieu
                                                                                  To the President and Members of the Senate:
46th DAY'S PROCEEDINGS                                                                                     Page 3 SENATE
                                                                                                                          June 20, 2003
     I am directed by your Committee on Local and Municipal                      Senator Heitmeier, Chairman on behalf of the Committee on
Affairs to submit the following report:                                     Transportation, Highways, and Public Works, submitted the
                                                                            following report:
HOUSE BILL NO. 611—
     BY REPRESENTATIVE FAUCHEUX                                                                        June 19, 2003
                             AN ACT
To amend and reenact R.S. 40:531(A), (C), and (D), 534, and 537,                 To the President and Members of the Senate:
    relative to local housing authorities; to provide relative to the
    appointment and removal of commissioners of certain local                   I am directed by your Committee on Transportation, Highways,
    housing authorities established pursuant to resolution of certain       and Public Works to submit the following report:
    parish governing bodies; to provide that the appointment and
    removal of commissioners of such housing authorities shall be           HOUSE CONCURRENT RESOLUTION NO. 226—
    made by the parish governing body; to provide relative to the                BY REPRESENTATIVE DEWITT
    certificate of appointment or reappointment for such                                    A CONCURRENT RESOLUTION
    commissioners; and to provide for related matters.                      To create a task force to study the practicality and feasibility of
                                                                                constructing a bypass around the cities of Alexandria and
     Reported favorably.                                                        Pineville to be known as the Alexandria-Pineville Loop.
HOUSE BILL NO. 1235—                                                             Reported with amendments.
     BY REPRESENTATIVE CAZAYOUX
                             AN ACT                                         HOUSE BILL NO. 458—
To enact R.S. 33:4574.1-A(I), relative to the occupancy taxes levied             BY REPRESENTATIVES CAZAYOUX AND BROOME
    by certain tourist commissions; to authorize certain tourist                                          AN ACT
    commissions to increase such taxes; to provide for an effective         To amend and reenact R.S. 38:301(A)(3) as amended and reenacted
    date; and to provide for related matters.                                   by Act No. 243 of the 2003 Regular Session of the Louisiana
                                                                                Legislature, relative to the authority of levee boards and levee
     Reported with amendments.                                                  and drainage boards; to authorize the construction of bicycle
                                                                                paths and walkways along the main line levees of the
HOUSE BILL NO. 1404—                                                            Mississippi River in West Baton Rouge Parish; and to provide
     BY REPRESENTATIVE TOWNSEND                                                 for related matters.
                              AN ACT
To enact R.S. 33:2738.84, relative to local sales and use taxes; to              Reported favorably.
    authorize certain parishes and municipalities to levy and collect
    an additional sales and use tax; to provide for the use of the          HOUSE BILL NO. 867—
    proceeds derived from such tax; to provide for an effective date;            BY REPRESENTATIVES MORRELL AND PEYCHAUD
    and to provide for related matters.                                                                   AN ACT
                                                                            To amend and reenact Section 4 of Act No. 762 of the 1986 Regular
     Reported favorably.                                                        Session of the Legislature, as amended by Act No. 875 of the
                                                                                1988 Regular Session of the Legislature, and as amended by Act
HOUSE BILL NO. 1817—                                                            No. 1227 of the 1995 Regular Session of the Legislature,
     BY REPRESENTATIVES ODINET, RICHMOND, AND SWILLING                          relative to the Greater New Orleans Expressway Commission; to
                               AN ACT                                           provide for use of surplus funds; and to provide for related
To amend and reenact R.S. 47:322.38(A)(1) and to enact R.S.                     matters.
    47:322.38(E), relative to the state sales and use tax on hotel
    occupancy levied in Orleans Parish; to revise the dedication of              Reported with amendments.
    a portion of the avails of the tax; to provide for an effective date;
    and to provide for related matters.                                     HOUSE BILL NO. 2021 (Substitute for House Bill No. 1162 by
                                                                               Representative Diez)—
     Reported with amendments.                                                   BY REPRESENTATIVE DIEZ
                                                                                                         AN ACT
HOUSE BILL NO. 1996—                                                        To amend and reenact R.S. 32:1(40), 1301, and 1304(A)(1) and (2)
     BY REPRESENTATIVE HONEY                                                    and R.S. 47:463(A)(1)(introductory paragraph) and to enact R.S.
                             AN ACT                                             32:300.1, relative to motor vehicles; to provide relative to the
To amend and reenact R.S. 40:490(B)(introductory paragraph) and to              definition of "motor vehicle"; to include "low-speed vehicles"
    enact R.S. 40:490(C), relative to payments in lieu of taxes; to             within the definition of "motor vehicle"; to provide relative to
    grant certain parishes and municipalities and school boards in              requirements of "low-speed vehicles"; to exempt "low-speed
    such parishes certain authority relative to payments in lieu of             vehicles" from certain requirements of motor vehicles; and to
    taxes; to require housing authorities in certain parishes to make           provide for related matters.
    payments in lieu of taxes to certain school boards; and to
    provide for related matters.                                                 Reported with amendments.
     Reported favorably.                                                                                              Respectfully submitted,
                                               Respectfully submitted,                                              FRANCIS C. HEITMEIER
                                                  DIANA E. BAJOIE                                                                   Chairman
                                                         Chairwoman
                                                                                            REPORT OF COMMITTEE ON
                 REPORT OF COMMITTEE ON
                                                                                      REVENUE AND FISCAL AFFAIRS
       TRANSPORTATION, HIGHWAYS, AND
              PUBLIC WORKS                                                      Senator Barham, Chairman on behalf of the Committee on
                                                                            Revenue and Fiscal Affairs, submitted the following report:
Page 4 SENATE                                                                                 46th DAY'S PROCEEDINGS
June 20, 2003
                            June 19, 2003                                  HOUSE BILL NO. 458—
                                                                                BY REPRESENTATIVES CAZAYOUX AND BROOME
     To the President and Members of the Senate:                                                         AN ACT
                                                                           To amend and reenact R.S. 38:301(A)(3) as amended and reenacted
     I am directed by your Committee on Revenue and Fiscal Affairs             by Act No. 243 of the 2003 Regular Session of the Louisiana
to submit the following report:                                                Legislature, relative to the authority of levee boards and levee
                                                                               and drainage boards; to authorize the construction of bicycle
HOUSE CONCURRENT RESOLUTION NO. 260—                                           paths and walkways along the main line levees of the
     BY REPRESENTATIVES        DOERGE,     ALARIO,   HAMMETT,      AND         Mississippi River in West Baton Rouge Parish; and to provide
     MCDONALD                                                                  for related matters.
               A CONCURRENT RESOLUTION
To urge and request the Louisiana Tax Commission to adopt rules                 Reported favorably by the Committee on Transportation,
    and regulations to be followed by the state's assessors to delay       Highways, and Public Works. Under the provisions of Joint Rule
    the implementation of changes regarding the homestead                  No. 3 of the Rules of the Senate, the bill was read by title and
    exemption in response to findings by the Louisiana Legislative         referred to the Legislative Bureau.
    Auditor until after the 2004 Regular Session of the Legislature.
                                                                           HOUSE BILL NO. 530—
     Reported favorably.                                                        BY REPRESENTATIVE FARRAR
                                                                                                         AN ACT
HOUSE BILL NO. 1281—                                                       To enact R.S. 47:9059, relative to lottery retailers; to provide for the
     BY REPRESENTATIVE BALDONE                                                 commission lottery retailers receive on the sale of lottery tickets;
                              AN ACT                                           and to provide for related matters.
To amend and reenact R.S. 13:2586(C)(2) and 2587.1, R.S.
   32:414(A)(3)(a) and (b), and R.S. 30:2522(3), 2531, 2531.5(D),               Reported with amendments by the Committee on Judiciary B.
   2531.6(A)(2), 2535(E), and 2544(D) and to repeal R.S.
   30:2531.2, relative to littering; to provide for definitions; to                   SENATE COMMITTEE AMENDMENTS
   prohibit intentional and simple littering; to provide for criminal
   and civil penalties; to provide for special court costs; to provide     Amendments proposed by Senate Committee on Judiciary B to
   for jurisdiction of justices of the peace; to provide for               Engrossed House Bill No. 530 by Representative Farrar
   prosecutorial powers of constables; to provide for enforcement;
   to provide for litter receptacles; to provide for litter-free zones;    AMENDMENT NO. 1
   and to provide for related matters.                                     On page 1, line 9, delete "at least"
     Reported with amendments.                                             AMENDMENT NO. 2
                                              Respectfully submitted,      On page 1, at the end of line 14 after "value" insert "of the Louisiana
                                              ROBERT J. BARHAM             contribution to the funding of the actual grand prize."
                                                            Chairman
                                                                           AMENDMENT NO. 3
                 REPORT OF COMMITTEE ON                                    On page 1, delete line 15 in its entirety.
                         JUDICIARY B                                           On motion of Senator Cravins the committee amendment was
                                                                           adopted. The amended bill was read by title and recommitted to the
     Senator Cravins, Chairman on behalf of the Committee on               Committee on Finance.
Judiciary B, submitted the following report:
                                                                           HOUSE BILL NO. 611—
                            June 20, 2003                                       BY REPRESENTATIVE FAUCHEUX
                                                                                                        AN ACT
     To the President and Members of the Senate:                           To amend and reenact R.S. 40:531(A), (C), and (D), 534, and 537,
                                                                               relative to local housing authorities; to provide relative to the
     I am directed by your Committee on Judiciary B to submit the              appointment and removal of commissioners of certain local
following report:                                                              housing authorities established pursuant to resolution of certain
                                                                               parish governing bodies; to provide that the appointment and
HOUSE BILL NO. 530—                                                            removal of commissioners of such housing authorities shall be
     BY REPRESENTATIVE FARRAR                                                  made by the parish governing body; to provide relative to the
                              AN ACT                                           certificate of appointment or reappointment for such
To enact R.S. 47:9059, relative to lottery retailers; to provide for the       commissioners; and to provide for related matters.
    commission lottery retailers receive on the sale of lottery tickets;
    and to provide for related matters.                                         Reported favorably by the Committee on Local and Municipal
                                                                           Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the
     Reported with amendments.                                             Senate, the bill was read by title and referred to the Legislative
                                              Respectfully submitted,      Bureau.
                                             DONALD R. CRAVINS
                                                            Chairman       HOUSE BILL NO. 867—
                                                                                BY REPRESENTATIVES MORRELL AND PEYCHAUD
             House Bills and Joint Resolutions                                                           AN ACT
                                                                           To amend and reenact Section 4 of Act No. 762 of the 1986 Regular
                   on Second Reading                                           Session of the Legislature, as amended by Act No. 875 of the
                Reported by Committees                                         1988 Regular Session of the Legislature, and as amended by Act
                                                                               No. 1227 of the 1995 Regular Session of the Legislature,
     Senator Barham asked for and obtained a suspension of the rules           relative to the Greater New Orleans Expressway Commission; to
to take up at this time the following House Bills and Joint                    provide for use of surplus funds; and to provide for related
Resolutions just reported by Committees.                                       matters.
46th DAY'S PROCEEDINGS                                                                                      Page 5 SENATE
                                                                                                                            June 20, 2003
    Reported with amendments by the Committee on Transportation,                Reported with amendments by the Committee on Revenue and
Highways, and Public Works.                                                Fiscal Affairs.
           SENATE COMMITTEE AMENDMENTS                                                SENATE COMMITTEE AMENDMENTS
Amendments proposed by Senate Committee on Transportation,                 Amendments proposed by Senate Committee on Revenue and Fiscal
Highways, and Public Works to Reengrossed House Bill No. 867 by            Affairs to Reengrossed House Bill No. 1281 by Representative
Representative Morrell                                                     Baldone
AMENDMENT NO. 1                                                            AMENDMENT NO. 1
On page 3, line 14, change "Council on Aging" to "Recreational             Delete Committee Amendments 1 through 4 proposed by the Senate
Department"                                                                Committee on Judiciary C and adopted by the Senate on June 4, 2003
    On motion of Senator Heitmeier, the committee amendment was                On motion of Senator Barham, the committee amendment was
adopted. Under the provisions of Joint Rule No. 3 of the Rules of the      adopted. Under the provisions of Joint Rule No. 3 of the Rules of the
Senate, the amended bill was read by title and referred to the             Senate, the amended bill was read by title and referred to the
Legislative Bureau.                                                        Legislative Bureau.
HOUSE BILL NO. 1235—                                                       HOUSE BILL NO. 1404—
     BY REPRESENTATIVE CAZAYOUX                                                 BY REPRESENTATIVE TOWNSEND
                             AN ACT                                                                      AN ACT
To enact R.S. 33:4574.1-A(I), relative to the occupancy taxes levied       To enact R.S. 33:2738.84, relative to local sales and use taxes; to
    by certain tourist commissions; to authorize certain tourist               authorize certain parishes and municipalities to levy and collect
    commissions to increase such taxes; to provide for an effective            an additional sales and use tax; to provide for the use of the
    date; and to provide for related matters.                                  proceeds derived from such tax; to provide for an effective date;
                                                                               and to provide for related matters.
   Reported with amendments by the Committee on Local and
Municipal Affairs.                                                              Reported favorably by the Committee on Local and Municipal
                                                                           Affairs. The bill was read by title and recommitted to the Committee
           SENATE COMMITTEE AMENDMENTS                                     on Revenue and Fiscal Affairs.
Amendments proposed by Senate Committee on Local and Municipal             HOUSE BILL NO. 1817—
Affairs to Engrossed House Bill No. 1235 by Representative                      BY REPRESENTATIVES ODINET, RICHMOND, AND SWILLING
Cazayoux                                                                                                  AN ACT
                                                                           To amend and reenact R.S. 47:322.38(A)(1) and to enact R.S.
AMENDMENT NO. 1                                                                47:322.38(E), relative to the state sales and use tax on hotel
On page 1, line 4, after "date;" insert "to require ordinances by local        occupancy levied in Orleans Parish; to revise the dedication of
governing authorities and a vote of the electorate before the tax may          a portion of the avails of the tax; to provide for an effective date;
be levied and collected;"                                                      and to provide for related matters.

AMENDMENT NO. 2                                                               Reported with amendments by the Committee on Local and
On page 1, line 10, after "I" insert "(1)"                                 Municipal Affairs.

AMENDMENT NO. 3                                                                       SENATE COMMITTEE AMENDMENTS
On page 1, between lines 16 and 17 insert the following:
     "(2) Before the additional tax authorized by this Subsection may      Amendments proposed by Senate Committee on Local and Municipal
be levied and collected by the commission, the following shall occur:      Affairs to Engrossed House Bill No. 1817 by Representative Odinet
     (i) The governing authority shall enact an ordinance approving
the additional tax levied by the commission.                               AMENDMENT NO. 1
     (ii) A majority of the electors residing in the district shall vote   On page 1, line 5, after "tax;" insert "to provide for the duration of
to approve the additional tax levied by the commission."                   the dedication;"

    On motion of Senator Bajoie, the committee amendment was               AMENDMENT NO. 2
adopted. Under the provisions of Joint Rule No. 3 of the Rules of the      On page 3, between lines 4 and 5, insert the following: "(4) The
Senate, the amended bill was read by title and referred to the             provisions of this Subsection shall be null and void and shall have no
Legislative Bureau.                                                        effect on and after July 1, 2004."

HOUSE BILL NO. 1281—                                                           On motion of Senator Bajoie, the committee amendment was
     BY REPRESENTATIVE BALDONE                                             adopted. Under the provisions of Joint Rule No. 3 of the Rules of the
                              AN ACT                                       Senate, the amended bill was read by title and referred to the
To amend and reenact R.S. 13:2586(C)(2) and 2587.1, R.S.                   Legislative Bureau.
   32:414(A)(3)(a) and (b), and R.S. 30:2522(3), 2531, 2531.5(D),
   2531.6(A)(2), 2535(E), and 2544(D) and to repeal R.S.                   HOUSE BILL NO. 1996—
   30:2531.2, relative to littering; to provide for definitions; to             BY REPRESENTATIVE HONEY
   prohibit intentional and simple littering; to provide for criminal                                    AN ACT
   and civil penalties; to provide for special court costs; to provide     To amend and reenact R.S. 40:490(B)(introductory paragraph) and to
   for jurisdiction of justices of the peace; to provide for                   enact R.S. 40:490(C), relative to payments in lieu of taxes; to
   prosecutorial powers of constables; to provide for enforcement;             grant certain parishes and municipalities and school boards in
   to provide for litter receptacles; to provide for litter-free zones;        such parishes certain authority relative to payments in lieu of
   and to provide for related matters.                                         taxes; to require housing authorities in certain parishes to make
                                                                               payments in lieu of taxes to certain school boards; and to
                                                                               provide for related matters.
Page 6 SENATE                                                                                46th DAY'S PROCEEDINGS
June 20, 2003
     Reported favorably by the Committee on Local and Municipal                      House Bills and Joint Resolutions on
Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the                           Third Reading
Senate, the bill was read by title and referred to the Legislative
Bureau.                                                                                      and Final Passage
HOUSE BILL NO. 2021 (Substitute for House Bill No. 1162 by                      The following House Bills and Joint Resolutions on third
   Representative Diez)—                                                   reading and final passage were taken up and acted upon as follows:
     BY REPRESENTATIVE DIEZ
                             AN ACT                                        HOUSE BILL NO. 2 —
To amend and reenact R.S. 32:1(40), 1301, and 1304(A)(1) and (2)                BY REPRESENTATIVES HAMMETT AND LEBLANC AND SENATORS
                                                                                BARHAM AND DARDENNE
    and R.S. 47:463(A)(1)(introductory paragraph) and to enact R.S.                                     AN ACT
    32:300.1, relative to motor vehicles; to provide relative to the       To provide with respect to the capital outlay budget and the capital
    definition of "motor vehicle"; to include "low-speed vehicles"             outlay program for state government, state institutions, and other
    within the definition of "motor vehicle"; to provide relative to           public entities; to provide for the designation of projects and
    requirements of "low-speed vehicles"; to exempt "low-speed                 improvements; to provide for the financing thereof making
    vehicles" from certain requirements of motor vehicles; and to              appropriations from certain sources; and to provide for related
    provide for related matters.                                               matters.
    Reported with amendments by the Committee on Transportation,
Highways, and Public Works.                                                                Floor Amendments Sent Up
           SENATE COMMITTEE AMENDMENTS                                          Senator Barham sent up floor amendments which were read.

Amendments proposed by Senate Committee on Transportation,                                SENATE FLOOR AMENDMENTS
Highways, and Public Works to Reengrossed House Bill No. 2021 by
Representative Diez                                                        Amendments proposed by Senators Barham and Dardenne to Re-
                                                                           reengrossed House Bill No. 2 by Representative Hammett
AMENDMENT NO. 1
On page 1, line 2, after "(40)," insert "408(C),"                          AMENDMENT NO. 1
                                                                           On page 14, between lines 41 and 42, insert the following:
AMENDMENT NO. 2
On page 1, line 10, after "(40)," insert "408(C),"                         “(   )    Civilian Conservation Corps Worker
                                                                                     Statue, Planning, Acquisition, and
AMENDMENT NO. 3                                                                      Construction
On page 4, between lines 9 and 10, insert:                                           (Non-State Match Required)
      "§408. Examination of applicants required; classes of licenses                 (Rapides)
                            *      *       *                                         Payable from General Obligation Bonds
      C.(1) Motorcycles, motor driven cycles, and motorized bicycles                      Priority 2                                   $10,000"
shall not be given a separate class, as such, but their use shall be
provided for by making an endorsement on one of the basic classes          AMENDMENT NO. 2
outlined in this Section. Such an endorsement shall be made only
after the applicant has taken and successfully passed tests specifically   Delete Senate Committee Amendment No. 4 proposed by the Senate
designed for the operation of such vehicles. No operator's skill test      Committee on Finance and adopted by the Senate on June 18, 2003.
shall be required if an applicant has successfully completed the
Motorcycle Safety, Awareness, and Operator Training Program                AMENDMENT NO. 3
provided in R.S. 17:282.                                                   Delete Senate Committee Amendment No. 5 proposed by the Senate
      (2) The provisions of this Subsection shall not apply to             Committee on Revenue and Fiscal Affairs and adopted by the Senate
motorcycles, motor driven cycles, and motorized bicycles under five        on June 16, 2003.
horsepower. Their operation shall not require a license or
endorsement.                                                               AMENDMENT NO. 4
                           *       *      *"                               On page 16, delete line 39 and insert the following:

    On motion of Senator Heitmeier, the committee amendment was            “Payable from General Obligation Bonds
adopted. Under the provisions of Joint Rule No. 3 of the Rules of the               Priority 2                                       $2,000,000
Senate, the amended bill was read by title and referred to the                      Priority 5                                       $3,000,000
Legislative Bureau.                                                        Total                                                   $ 5,000,000"

               Senator Lambert in the Chair                                AMENDMENT NO. 5
                                                                           Delete Senate Committee Amendment No. 9 proposed by the Senate
                                                                           Committee on Revenue and Fiscal Affairs and adopted by the Senate
                        Rules Suspended                                    on June 16, 2003.
     Senator Barham asked for and obtained a suspension of the rules       AMENDMENT NO. 6
for the purpose of advancing to the order of House Bills on Third          On page 17, delete lines 35 through 37, and insert:
Reading and Final Passage and taking up House Bill Nos. 2 and 3 out
of their regular order.                                                              “Priority 1                                      $100,000"
                                                                                     Priority 2                                        $100,000
                                                                                     Priority 5                                      $1,575,000
                                                                                Total                                                $1,775,000
                                                                           AMENDMENT NO. 7
46th DAY'S PROCEEDINGS                                                                                   Page 7 SENATE
                                                                                                                        June 20, 2003
On page 45, between lines 27 and 28, insert:                             Delete Senate Committee Amendment No. 107 proposed by the
                                                                         Senate Committee on Revenue and Fiscal Affairs and adopted by the
“(1437) Johnston Hall Renovation, Third Floor,                           Senate on June 16, 2003.
        Governor’s Information Technology Initiative,
        Planning and Construction                                        AMENDMENT NO. 19
        (East Baton Rouge)                                               On page 78, delete lines 31 through 36, and insert the following:
        Payable from General Obligation Bonds
             Priority 2                              $ 700,000"                  “Payable from State General Fund (Direct)            $98,150
                                                                                 Payable from General Obligation Bonds
AMENDMENT NO. 8                                                                       Priority 1                                    $20,000
Delete Senate Committee Amendment No. 51 proposed by the Senate                  Total                                            $118,150"
Committee on Revenue and Fiscal Affairs and adopted by the Senate
on June 16, 2003.                                                        AMENDMENT NO. 20
                                                                         On page 83, line 3, after "$700,000" insert "In-Kind"
AMENDMENT NO. 9
On page 53, delete lines 25 and 26, and insert:                          AMENDMENT NO. 21
                                                                         Delete Senate Committee Amendment No. 150 proposed by the
          “Priority 5                                    $4,945,000      Senate Committee on Revenue and Fiscal Affairs and adopted by the
     Total                                             $13,505,000"      Senate on June 16, 2003.
AMENDMENT NO. 10                                                         AMENDMENT NO. 22
Delete Senate Committee Amendment No. 25 proposed by the Senate          Delete Senate Committee Amendment No. 41 proposed by the Senate
Committee on Finance and adopted by the Senate on June 18, 2003          Committee on Finance and adopted by the Senate on June 18, 2003.
AMENDMENT NO. 11                                                         AMENDMENT NO. 23
In Senate Committee Amendment No. 71 proposed by the Senate              On page 89, after line 51, insert the following:
Committee on Revenue and Fiscal Affairs and adopted by the Senate
on June 16, 2003, on page 13, delete lines 3 through 5, and insert the   “(735)      St. Tammany West Chamber of Commerce
following:                                                                           Building, Planning and Construction
                                                                                     ($300,000 In-Kind and/or Non-State Match)
     “Priority 2                                            $810,000                 (St. Tammany)
     Priority 5                                             $620,000                 Payable from State General Fund (Direct)         $50,000
Total                                                   $ 1,430,000"                 Payable from General Obligation Bonds
                                                                                           Priority 2                              $100,000
AMENDMENT NO. 12                                                                           Priority 3                              $400,000
On page 46, delete lines 22 through 24, and insert the following:                    Total                                        $550,000"
     “Priority 2                                            $385,000     AMENDMENT NO. 24
     Priority 5                                           $4,450,000     Delete Senate Committee Amendment No. 160 proposed by the
Total                                                   $ 4,835,000"     Senate Committee on Revenue and Fiscal Affairs and adopted by the
                                                                         Senate on June 16, 2003.
AMENDMENT NO. 13
On page 67, delete lines 5 through 8, and insert the following:          AMENDMENT NO. 26
                                                                         Delete Senate Committee Amendment No. 48 proposed by the Senate
“Payable from State General Fund (Direct)                   $7,300,000   Committee on Finance and adopted by the Senate on June 18, 2003.
Payable from State General Fund (Direct)
Nonrecurring Revenues                                       $4,200,000   AMENDMENT NO. 28
Payable from General Obligation Bonds                                    On page 93, between lines 41 and 42, insert the following:
     Priority 2                                          $1,100,000
     Priority 5                                          $2,400,000      “50/M09 ARCADIA
Total                                                  $15,000,000"
                                                                         (   )        Downtown City Park and Restroom
AMENDMENT NO. 14                                                                      Facilities, Acquisitions, Planning and
Delete Senate Committee Amendment No. 87 proposed by the Senate                       Construction (In-Kind and/or Non-State
Committee on Revenue and Fiscal Affairs and adopted by the Senate                     Match Required)
on June 16, 2003.                                                                  (Bienville)
                                                                                 Payable from State General Fund (Direct)             $45,000
AMENDMENT NO. 15                                                                 Payable from General Obligation Bonds
Delete Senate Committee Amendments No. 31 and 32 proposed by                          Priority 2                                      $15,000
the Senate Committee on Finance and adopted by the Senate on June                Total                                                $60,000
18, 2003.
                                                                         Pending submittal of capital outlay budget request and approval
AMENDMENT NO. 16                                                         pursuant to the provisions of R. S. 39:112."
On page 74, delete lines 40 through 48 in their entirety.
                                                                         AMENDMENT NO. 29
AMENDMENT NO. 17                                                         Delete Senate Committee Amendment No. 169 proposed by the
Delete Senate Committee Amendment Nos. 33 and 34 proposed by             Senate Committee on Revenue and Fiscal Affairs and adopted by the
the Senate Committee on Finance and adopted by the Senate on June        Senate on June 16, 2003.
18, 2003.
                                                                         AMENDMENT NO. 30
AMENDMENT NO. 18
Page 8 SENATE                                                                            46th DAY'S PROCEEDINGS
June 20, 2003
Delete Senate Committee Amendment No. 188 proposed by the              AMENDMENT NO. 47
Senate Committee on Revenue and Fiscal Affairs and adopted by the      Delete Senate Committee Amendment No. 74 proposed by the Senate
Senate on June 16, 2003.                                               Committee on Finance and adopted by the Senate on June 18, 2003.
AMENDMENT NO. 32                                                       AMENDMENT NO. 49
Delete Senate Committee Amendment No. 64 proposed by the Senate        On page 101, between lines 30 and 31, insert the following:
Committee on Finance and adopted by the Senate on June 18, 2003.
                                                                       “50/MH8       MANDEVILLE
AMENDMENT NO. 34
On page 99, between lines 32 and 33, insert the following:             (860)    Galvez Street Phase III, US 90
                                                                                Outfall, Drainage Improvements,
“(826)    Installation of New Water Distribution System,                        Planning and Construction
          Planning and Construction                                             ($554,880 Non-State Match)
          ($70,000 Local Match; $32,000 Federal Match)                          (St. Tammany)
          (Jefferson)                                                           Payable from State General Fund (Direct)         $250,000
          Payable from State General Fund (Direct)        $50,000               Payable from General Obligation Bonds
          Payable from General Obligation Bonds                                       Priority 2                                 $500,000
               Priority 2                                $100,000                     Priority 5                                 $500,000
               Priority 3                                $600,000               Total                                         $1,250,000"
               Priority 5                                $100,000
          Total                                         $850,000"      AMENDMENT NO. 50
                                                                       Delete Senate Committee Amendment No. 233 proposed by the
AMENDMENT NO. 35                                                       Senate Committee on Revenue and Fiscal Affairs and adopted by the
Delete Senate Committee Amendment No. 191 proposed by the              Senate on June 16, 2003.
Senate Committee on Revenue and Fiscal Affairs and adopted by the
Senate on June 16, 2003.                                               AMENDMENT NO. 52
                                                                       Delete Senate Committee Amendment No. 79 proposed by the Senate
AMENDMENT NO. 37                                                       Committee on Finance and adopted by the Senate on June 18, 2003.
Delete Senate Committee Amendment No. 70 proposed by the Senate
Committee on Finance and adopted by the Senate on June 18, 2003.       AMENDMENT NO. 54
                                                                       On page 108, between lines 30 and 31, insert the following:
AMENDMENT NO. 39
On page 100, after line 46, insert the following:                      “50/MQ6       SALINE
“(836)    Lafitte General Assembly/                                    (   )    Water Tower Repairs,
          Emergency Shelter                                                     Planning and Construction
          ($350,000 Non-State Match)                                            (Non-State Match Required)
          (Jefferson)                                                           (Bienville)
          Payable from State General Fund (Direct)           $75,000            Payable from State General Fund (Direct)          $10,000
          Payable from General Obligation Bonds                                 Payable from General Obligation Bonds
               Priority 5                                $150,000                    Priority 2                                   $15,000
          Total                                         $225,000"               Total                                             $25,000
AMENDMENT NO. 40                                                       Pending submittal of capital outlay budget request and approval
Delete Senate Committee Amendment No. 200 proposed by the              pursuant to the provisions of R. S. 39:112."
Senate Committee on Revenue and Fiscal Affairs and adopted by the
Senate on June 16, 2003.                                               AMENDMENT NO. 55
                                                                       Delete Senate Committee Amendment No. 269 proposed by the
AMENDMENT NO. 42                                                       Senate Committee on Revenue and Fiscal Affairs and adopted by the
Delete Senate Committee Amendment No. 73 proposed by the Senate        Senate on June 16, 2003.
Committee on Finance and adopted by the Senate on June 18, 2003.
                                                                       AMENDMENT NO. 57
AMENDMENT NO. 44                                                       Delete Senate Committee Amendments No. 93 and 94 proposed by
On page 101, between lines 30 and 31, insert the following:            the Senate Committee on Finance and adopted by the Senate on June
                                                                       18, 2003.
“50/MH6        MADISONVILLE
                                                                       AMENDMENT NO. 59
(858)     Wastewater Treatment Plant Improvements,                     On page 120, delete lines 6 through 12, insert the following:
          Planning and Construction
          ($230,606 In-Kind and/or Non-State Match)                             “Payable from State General Fund (Direct)     $75,500
          (St. Tammany)                                                         Payable from General Obligation Bonds
          Payable from State General Fund (Direct)       $250,000                   Priority 1                               $850,000
          Payable from General Obligation Bonds                                     Priority 2                               $125,000
                Priority 2                               $615,000                   Priority 3                                $25,000
          Total                                         $865,000"                   Priority 5                               $400,000
                                                                                    Total                                 $1,475,500"
AMENDMENT NO. 45
Delete Senate Committee Amendment No. 201 proposed by the              AMENDMENT NO. 60
Senate Committee on Revenue and Fiscal Affairs and adopted by the      Delete Senate Committee Amendment No. 278 proposed by the
Senate on June 16, 2003.                                               Senate Committee on Revenue and Fiscal Affairs and adopted by the
                                                                       Senate on June 16, 2003.
46th DAY'S PROCEEDINGS                                                                                 Page 9 SENATE
                                                                                                                       June 20, 2003
AMENDMENT NO. 62                                                       Delete Senate Committee Amendment No. 305 proposed by the
Delete Senate Committee Amendments No. 98, 99, and 100 proposed        Senate Committee on Revenue and Fiscal Affairs and adopted by the
by the Senate Committee on Finance and adopted by the Senate on        Senate on June 16, 2003.
June 18, 2003.
                                                                       AMENDMENT NO. 78
AMENDMENT NO. 64                                                       On page 130, between lines 35 and 36, insert the following:
On page 124, delete lines 42 and 43, and insert the following:
                                                                       “50/NX8 LUSHER COMMUNITY CENTER
          “Payable from State General Fund (Direct)         $100,000
          Payable from General Obligation Bonds                        (     )   Lusher Community Center,
               Priority 2                                 $275,000               Renovation and Construction
               Priority 3                                 $100,000               (Non-State and/or In-Kind Match Required)
               Priority 5                                  $65,000               (Orleans)
          Total                                          $540,000"               Payable from State General Fund (Direct)      $25,000
                                                                                 Payable from General Obligation Bonds
AMENDMENT NO. 65                                                                      Priority 2                              $100,000
On page 127, between lines 6 and 7, insert the following:                             Priority 5                              $900,000
                                                                                           Total                           $1,025,000"
“50/NN5 BEAUREGARD PARISH COVERED ARENA
AUTHORITY                                                              AMENDMENT NO. 80
                                                                       Delete Senate Committee Amendment No. 107 proposed by the
(570) Beauregard Parish Covered Arena,                                 Senate Committee on Finance and adopted by the Senate on June 18,
Expansion, Planning and Construction                                   2003.
(Supplemental Funding)
(Beauregard)                                                           AMENDMENT NO. 82
Payable from State General Fund (Direct)                    $300,000   On page 131, delete lines 6 through 10, and insert the following:
Payable from General Obligation Bonds
  Priority 2                                              $265,000     “Payable from State General Fund (Direct)                     $12,500
  Priority 5                                              $425,000     Payable from General Obligation Bonds
Total                                                    $990,000"       Priority 2                                                  $25,000
                                                                         Priority 5                                                  $10,000
AMENDMENT NO. 66                                                       Total                                                        $47,500"
Delete Senate Committee Amendment No. 284 proposed by the
Senate Committee on Revenue and Fiscal Affairs and adopted by the      AMENDMENT NO. 83
Senate on June 16, 2003.                                               Delete Senate Committee Amendment No. 111 proposed by the
                                                                       Senate Committee on Finance and adopted by the Senate on June 18,
AMENDMENT NO. 68                                                       2003.
Delete Senate Committee Amendments No. 102 and 103, proposed
by the Senate Committee on Finance and adopted by the Senate on        AMENDMENT NO. 84
June 18, 2003.                                                         On page 134, line 6, after “facilities.” insert the following: “The
                                                                       Commissioner of Administration may direct that any surplus cash or
AMENDMENT NO. 70                                                       bond proceeds found in any capital outlay appropriation in this Act
On page 127, delete lines 11 and 12, and insert the following:         or any previous Capital Outlay Act, may be transferred for life safety
                                                                       or deferred maintenance to state facilities in this Act or any previous
          “Payable from State General Fund (Direct)      $50,000       Capital Outlay Act.”
          Payable from General Obligation Bonds
               Priority 1                               $500,000            On motion of Senator Barham, the amendments were adopted.
               Priority 5                               $600,000
          Total                                     $ 1,150,000"                       Floor Amendments Sent Up
AMENDMENT NO. 71                                                            Senator C. Jones sent up floor amendments which were read.
Delete Senate Committee Amendment No. 298 proposed by the
Senate Committee on Revenue and Fiscal Affairs and adopted by the                     SENATE FLOOR AMENDMENTS
Senate on June 16, 2003.
                                                                       Amendments proposed by Senator C.D. Jones to Re-reengrossed
AMENDMENT NO. 73                                                       House Bill No. 2 by Representative Hammett
Delete Senate Committee Amendments No. 104 and 105 proposed by
the Senate Committee on Finance and adopted by the Senate on June      AMENDMENT NO. 1
18, 2003.                                                              On page 77, between lines 5 and 6, insert the following: “Provided
                                                                       that cooperative endeavor agreement entered into for this project
AMENDMENT NO. 75                                                       shall include East Carroll Parish and the town of Lake Providence.”
On page 128, delete lines 39 through 42, and insert the following:
                                                                            On motion of Senator C. Jones, the amendments were adopted.
“         Payable from State General Fund (Direct)          $100,000
          Payable from General Obligation Bonds                                        Floor Amendments Sent Up
               Priority 2                                 $100,000
               Priority 3                                 $200,000          Senator C. Jones sent up floor amendments which were read.
               Priority 4                                 $402,000
          Total                                          $802,000"
                                                                                      SENATE FLOOR AMENDMENTS
AMENDMENT NO. 76
Page 10 SENATE                                                                           46th DAY'S PROCEEDINGS
June 20, 2003
Amendments proposed by Senator C.D. Jones to Re-reengrossed            project or amount authorized by this Act from the effective date of
House Bill No. 2 by Representative Hammett                             this Act to January 15, 2003 shall not exceed forty million dollars."
AMENDMENT NO. 1                                                        AMENDMENT NO. 2
In the Senate Committee Amendments proposed by the Senate              On page 142, line 8, change "Section 19." to "Section 20."
Committee on Revenue and Fiscal Affairs and adopted by the Senate
on June 16, 2003, in Amendment No. 97 on page 18, line 17, change          Senator Marionneaux moved adoption of the amendments.
“$600,000" to “$300,000" and on line 19, change “$1,100,000" to
“$800,000"                                                                 Senator Barham objected.
AMENDMENT NO. 2                                                                                 ROLL CALL
In the Senate Committee Amendments proposed by the Senate
Committee on Revenue and Fiscal Affairs and adopted by the Senate          The roll was called with the following result:
on June 16, 2003, in Amendment No. 303 on page 62, line 43,
change “$650,000" to “$500,000" and on line 45, change                                                YEAS
“$1,150,000" to “$1,000,000"
                                                                       Cravins                     Johnson                  McPherson
AMENDMENT NO. 3                                                        Fields                      Jones, CD
On page 101, between lines 21 and 22, insert the following:            Hines                       Marionneaux
                                                                        Total—7
“50/MG1           LAKE PROVIDENCE                                                                     NAYS
(853)        Lake Providence Industrial Park and                       Adley                       Dupre                    Michot
             Equipment, Infrastructure Improvements,                   Bajoie                      Ellington                Mount
             Planning, Land Acquisition, Equipment,                    Barham                      Hollis                   Romero
             and Construction                                          Bean                        Hoyt                     Smith
             (Non-State Match Required)                                Boissiere                   Irons                    Tarver
             (East Carroll)                                            Cain                        Lambert                  Theunissen
             Payable from General Obligation Bonds                     Dardenne                    Lentini                  Thomas
                  Priority 2                              $450,000"    Dean                        Malone                   Ullo
                                                                        Total—24
        On motion of Senator C. Jones, the amendments were adopted.                                 ABSENT
                   Floor Amendments Sent Up                            Mr. President               Gautreaux                Jones, B
                                                                       Chaisson                    Heitmeier                Schedler
        Senator Irons sent up floor amendments which were read.        Fontenot                    Holden
                                                                        Total—8
                 SENATE FLOOR AMENDMENTS
                                                                           The Chair declared the amendments were rejected.
Amendments proposed by Senator Irons to Re-reengrossed House
Bill No. 2 by Representative Hammett                                                    Floor Amendments Sent Up
AMENDMENT NO. 1                                                            Senator Johnson sent up floor amendments which were read.
In the Senate Committee Amendments proposed by the Senate
Committee on Revenue and Fiscal Affairs and adopted by the Senate                      SENATE FLOOR AMENDMENTS
on June 16, 2003, in Amendment No. 217 on page 43, delete line 34,
and insert the following:                                              Amendments proposed by Senator Johnson to Re-reengrossed House
                                                                       Bill No. 2 by Representative Hammett
             “Priority 2                                 $ 5,000,000
             Priority 3                                  $ 7,500,000   AMENDMENT NO. 1
             Priority 4                                 $70,000,000    On page 16, line 5, change "(Orleans)" to "(Statewide)"
        Total                                          $82,500,000"
                                                                       AMENDMENT NO. 2
        On motion of Senator Irons, the amendments were adopted.       On page 16, between lines 7 and 8, insert the following:
                   Floor Amendments Sent Up                                "(   )      Infrastructure Improvements, Phase 1,
                                                                                       Road Design (Non-State Match Required)
        Senator Marionneaux sent up floor amendments which were                        (Statewide)
read.                                                                                  Payable from General Obligation Bonds
                                                                                            Priority 2                        $500,000
                 SENATE FLOOR AMENDMENTS                                                    Priority 3                       $5,000,000
                                                                                                                             $5,500,000
Amendments proposed by Senator Marionneaux to Re-reengrossed
House Bill No. 2 by Representative Hammett                             Provided however, this project shall not be funded unless the road is
                                                                       required for access to the National Finance Center."
AMENDMENT NO. 1
On page 142, between lines 8 and 9, insert:                                On motion of Senator Johnson, the amendments were adopted.
     "Section 19. Notwithstanding any other provision of this Act or
any other law, the aggregate amount of cash lines of credit and non-        The bill was read by title. Senator Barham moved final passage
cash lines of credit granted by the State Bond Commission for any      of the amended bill.
46th DAY'S PROCEEDINGS                                                                                Page 11 SENATE
                                                                                                                       June 20, 2003
                                                                          Total—2
                         ROLL CALL
                                                                              The Chair declared the bill was passed. The title was read and
     The roll was called with the following result:                      adopted. Senator Barham moved to reconsider the vote by which the
                                                                         bill was passed and laid the motion on the table.
                               YEAS
                                                                                     Reports of Committees, Resumed
Mr. President               Fields                 Malone
Adley                       Gautreaux              Marionneaux                The following reports of committees were received and read:
Bajoie                      Hines                  McPherson
Barham                      Holden                 Michot                                REPORT OF COMMITTEE ON
Bean                        Hollis                 Mount
Boissiere                   Hoyt                   Romero                                           EDUCATION
Cain                        Irons                  Schedler
Cravins                     Johnson                Smith                     Senator Theunissen, Chairman on behalf of the Committee on
Dardenne                    Jones, B               Tarver                Education, submitted the following report:
Dean                        Jones, CD              Theunissen
Dupre                       Lambert                Thomas                                           June 20, 2003
Ellington                   Lentini                Ullo
 Total—36                                                                     To the President and Members of the Senate:
                               NAYS
                                                                              I am directed by your Committee on Education to submit the
 Total—0                                                                 following report:
                              ABSENT
                                                                         HOUSE CONCURRENT RESOLUTION NO. 235—
Chaisson                    Fontenot               Heitmeier                  BY REPRESENTATIVE CRANE AND SENATOR THEUNISSEN
 Total—3                                                                                 A CONCURRENT RESOLUTION
                                                                         To provide for legislative approval of the formula to determine the
     The Chair declared the amended bill was passed. The title was           cost of a minimum foundation program of education in all public
read and adopted. Senator Barham moved to reconsider the vote by             elementary and secondary schools as well as to equitably
which the bill was passed and laid the motion on the table.                  allocate the funds to parish and city school systems as developed
                                                                             by the State Board of Elementary and Secondary Education and
HOUSE BILL NO. 3—                                                            adopted by the board on March 12, 2003, and as subsequently
     BY REPRESENTATIVE HAMMETT AND SENATOR BARHAM                            revised pursuant to board action on May 15, 2003.
                              AN ACT
To enact the Omnibus Bond Authorization Act of 2003, relative to              Reported favorably.
    the implementation of a five-year capital improvement program;
    to provide for the repeal of certain prior bond authorizations; to   HOUSE CONCURRENT RESOLUTION NO. 259—
    provide for new bond authorizations; to provide for                       BY REPRESENTATIVE K. CARTER
    authorization and sale of such bonds by the State Bond                                A CONCURRENT RESOLUTION
    Commission; and to provide for related matters.                      To request the State Board of Elementary and Secondary Education
                                                                              to study the issue of requiring teachers to complete a minimum
     The bill was read by title. Senator Barham moved the final               number of hours of continuing teacher education each year in
passage of the bill.                                                          order to maintain certification.

                         ROLL CALL                                            Reported favorably.

     The roll was called with the following result:                      HOUSE CONCURRENT RESOLUTION NO. 263—
                                                                              BY REPRESENTATIVE SCHWEGMANN AND SENATOR IRONS
                               YEAS                                                      A CONCURRENT RESOLUTION
                                                                         To urge and request the Board of Supervisors of Louisiana State
Mr. President               Fields                 Marionneaux               University and Agricultural and Mechanical College to have the
Adley                       Gautreaux              McPherson                 University of New Orleans develop a plan to establish and
Bajoie                      Hines                  Michot                    operate a university laboratory middle school, known as the New
Barham                      Holden                 Mount                     Millennium Laboratory School, and to report its plans and
Bean                        Hollis                 Romero                    recommendations to the House Committee on Education and the
Boissiere                   Hoyt                   Schedler                  Senate Committee on Education by not later than March 1,
Cain                        Irons                  Smith                     2004.
Chaisson                    Johnson                Tarver
Cravins                     Jones, B               Theunissen                 Reported favorably.
Dardenne                    Jones, CD              Thomas
Dean                        Lambert                Ullo                                                             Respectfully submitted,
Dupre                       Lentini                                                                              GERALD J. THEUNISSEN
Ellington                   Malone                                                                                                Chairman
 Total—37
                               NAYS                                                    House Concurrent Resolutions
                                                                                            on Second Reading
 Total—0                                                                                 Reported by Committees
                              ABSENT
Fontenot                    Heitmeier
Page 12 SENATE                                                                             46th DAY'S PROCEEDINGS
June 20, 2003
   The following House Concurrent Resolutions reported by                     A. No public official who qualifies as a candidate for election
Committees were taken up and acted upon as follows:                      shall use public funds to create a public service announcement for
                                                                         commercial print, radio, or television, using his name, likeness, or
HOUSE CONCURRENT RESOLUTION NO. 235—                                     voice during the period between the closing of qualifying for such
     BY REPRESENTATIVE CRANE AND SENATOR THEUNISSEN                      election and the promulgation of the election returns.
                A CONCURRENT RESOLUTION                                       B.(1) Any public official who violates Subsection A of this
To provide for legislative approval of the formula to determine the      Section shall be held personally liable for the costs of production of
    cost of a minimum foundation program of education in all public      any public service announcement created in violation of this Section.
    elementary and secondary schools as well as to equitably             Any funds of, administered by, or under the control of any branch,
    allocate the funds to parish and city school systems as developed    department, agency, official, employee, or other entity of state
    by the State Board of Elementary and Secondary Education and         government expended on any public service announcement in
    adopted by the board on March 12, 2003, and as subsequently          violation of this Section may be recovered by the state in a civil
    revised pursuant to board action on May 15, 2003.                    action instituted by the attorney general.
                                                                              (2) Any person who violates the provisions of this Section shall
     Reported favorably by the Committee on Education. Under the         be assessed a fine by the court of not more than five hundred dollars.
provisions of Joint Rule No. 3 of the Rules of the Senate, the                C. The provisions of Subsections A and B of this Section shall
resolution was read by title and referred to the Legislative Bureau.     not apply to any public service announcement made by a public
                                                                         official when a bona fide emergency involving imminent peril to the
                       Rules Suspended                                   public health, safety, or welfare requires an emergency public service
                                                                         announcement.
      Senator Adley asked for and obtained a suspension of the rules          Section 2. This Act shall become effective on January 1, 2004."
for the purpose of advancing to the order of
                                                                              Senator McPherson moved to reject the amendments proposed
            Senate Bills and Joint Resolutions                           by the House.
               Returned from the House
          of Representatives with Amendments                                                      ROLL CALL

     The following Senate Bills and Joint Resolutions returned from          The roll was called with the following result:
the House of Representatives with amendments were taken up and                                          YEAS
acted upon as follows:
                                                                         Mr. President                Fields                  Malone
SENATE BILL NO. 4—                                                       Adley                        Gautreaux               Marionneaux
     BY SENATOR MCPHERSON
                              AN ACT                                     Bajoie                       Hines                   McPherson
To amend and reenact R.S. 43:111.1, relative to public media             Barham                       Holden                  Michot
    advertising; to prohibit the expenditure of any state funds for      Bean                         Hollis                  Mount
    media advertisement which mentions any public official whether       Boissiere                    Hoyt                    Romero
    elected or appointed; to prohibit expenditure of public funds by     Cain                         Irons                   Schedler
    any public entity for media advertisement which mentions any         Chaisson                     Johnson                 Smith
    public official whether elected or appointed; to provide             Cravins                      Jones, B                Tarver
    exceptions; and to provide for related matters.                      Dardenne                     Jones, CD               Theunissen
                                                                         Dean                         Lambert                 Thomas
    The bill was read by title. Returned from the House of               Dupre                        Lentini                 Ullo
Representatives with the following amendments:                            Total—36
                                                                                                        NAYS
           HOUSE COMMITTEE AMENDMENTS
                                                                          Total—0
Amendments proposed by House Committee on House and                                                   ABSENT
Governmental Affairs to Engrossed Senate Bill No. 4 by Senator
McPherson                                                                Ellington                    Fontenot                Heitmeier
                                                                          Total—3
AMENDMENT NO. 1
On page 1, line 2, after "To" delete "amend and reenact "R.S.                 The Chair declared the amendments proposed by the House were
43:111.1," and insert "enact R.S. 42:3.2,"                               rejected. Senator McPherson moved to reconsider the vote by which
                                                                         the amendments were rejected and laid the motion on the table.
AMENDMENT NO. 2
On page 1, delete lines 3 through 6 and at the beginning of line 7,      SENATE BILL NO. 30—
                                                                             BY SENATOR CAIN
delete "appointed;" and insert the following: "prohibit a public                                    AN ACT
official from using public funds for certain public service              To amend and reenact R.S. 18:424(E) and 425(E), relative to the
announcements if he has qualified as a candidate for election; to            compensation of election commissioners; to provide for
provide for penalties for violation of this provision;"                      additional compensation of commissioners; and to provide for
AMENDMENT NO. 3                                                              related matters.
On page 1, line 9, after "Section 1." delete the remainder of the line       The bill was read by title. Returned from the House of
and insert "R.S. 42:3.2 is hereby enacted to read as"                    Representatives with the following amendments:
AMENDMENT NO. 4
On page 1, delete lines 11 through 15 and delete page 2 and insert the               HOUSE COMMITTEE AMENDMENTS
following:
"§3.2. Public service announcements; prohibition
46th DAY'S PROCEEDINGS                                                                                     Page 13 SENATE
                                                                                                                              June 20, 2003
Amendments proposed by House Committee on House and                               (7) A person who, after the registration books have closed as
Governmental Affairs to Engrossed Senate Bill No. 30 by Senator             required by R.S. 18:135, has moved his residence to another parish,
Cain                                                                        and the new residence is more than one hundred miles from the
                                                                            parish seat of the parish of his former residence, in which case he
AMENDMENT NO. 1                                                             may vote by absentee ballot in the parish of his former residence.
On page 1, line 2, after "424(E)" delete "and 425(E), relative to the"            (9) A person involuntarily confined to an institution for mental
and delete line 3 and insert a comma "," and the following: "425(E),        treatment who is not interdicted and judicially declared mentally
541, 542, 1303(A), 1306(G)(1)(a) and (f), 1308(A)(1)(a), 1309(A)(2),        incompetent.
1331, and 1332(A) and to repeal R.S. 18:1304 and 1306(E)(1)(h),                   (10) A person who, by virtue of his employment or occupation,
(G)(1)(d) and (g), and (H), to provide relative to voting; to provide       expects to be out of his parish of registration on election day or who
relative to when a qualified voter may cast a ballot in person; to          by virtue of his employment or occupation expects to be out of his
provide for the hours of opening and closing of the polls; to provide       precinct of registration and upon the waters of the state on election
for the termination of voting; to remove other requirements for voting      day.
absentee in person; to provide with regard to conducting absentee                 (11) A disabled voter, as provided in R.S. 18:1304.
voting; to repeal special provisions for disabled voters to vote                  (12) A person who declares to the registrar that tenets of his
absentee in person; to provide for additional"                              religion require his attendance at religious services on election day,
                                                                            prevent him from affixing his handwritten signature on any ballot or
AMENDMENT NO. 2                                                             registration rolls on an election day, or otherwise prevent him from
On page 1, line 4, after "commissioners;" and before "and to provide"       casting his ballot on election day.
insert the following: "to direct the Louisiana State Law Institute to             (13) A clerk of court, registrar of voters, or a person who is
work with appropriate legislative staff and state elections officials to    employed by the secretary of state, the commissioner of elections, a
identify the terms "absentee in person" and "absentee" in relation to       clerk of court, or registrar of voters and who, by virtue of his
absentee in person voting for the purpose of redesignating "absentee        employment, expects to be unable to go to his polling place on
in person" voting as "early voting" and submit a report of such             election day to cast his ballot.
occurrences to the legislature;"                                                  (14)      A person serving as commissioner-in-charge,
                                                                            commissioner, or alternate commissioner for an election in a precinct
AMENDMENT NO. 3                                                             other than the precinct in which he is registered to vote.
On page 1, line 6, after "424(E)" delete "and 425(E)" and insert a                (15) A person who is sixty-five years of age or older.
comma "," and "425(E), 541, 542, 1303(A), 1306(G)(1)(a) and (f),                  (16) Any person who has registered by mail who has not
1308(A)(1)(a), 1309(A)(2), 1331, and 1332(A)"                               previously voted in any election.
                                                                                                        *        *      *
AMENDMENT NO. 4                                                             §1306. Preparation and distribution of absentee ballots
On page 2, between lines 8 and 9 insert the following:                                                  *        *      *
                                                                                  G.(1) An in-person absentee application shall bear a certificate
"§541. Opening and closing of the polls                                     prescribed by the secretary of state and approved by the attorney
      In the primary and general elections, the polls shall open at 6:00    general. The certificate shall include but not necessarily be limited
7:00 a.m. on election day and shall close at 8:00 7:00 p.m. on election     to:
day.                                                                              (a) The full name and place of residence of the voter in
§542. Termination of voting                                                 Louisiana, including state, parish, ward, precinct, city, and street.
      A person qualified to vote who is in line to vote when the polls                                  *        *      *
close on election day shall be allowed to vote. Voting in a primary               (f) Spaces for the state and parish where it is executed.
or general election shall terminate (1) when the polls close, if no one                                 *        *      *
is in line to vote at that time, or (2) when all the persons who were in    §1308. Absentee voting by mail
line to vote at 8:00 7:00 p.m. have been allowed to vote.                         A.(1)(a) Beginning with the date on which the registrar receives
                              *       *       *                             the absentee ballots and other necessary paraphernalia from the
§1303. Persons entitled to vote in compliance with this Chapter             secretary of state, and thereafter, immediately upon receipt of an
      A. In person. The persons hereafter enumerated, who are               application by mail, the registrar shall mail the necessary instructions,
otherwise qualified to vote, Any person who is qualified to vote may        certificates, ballots, and envelopes to the applicant at the address
vote absentee in person at a place designated by the registrar as           furnished by the applicant, or hand deliver the necessary instructions,
provided in R.S. 18:1309(A) and (B):.                                       certificates, ballots, and envelopes directly to the applicant, his
      (1) A person who expects to be absent from the parish in which        spouse, or his designee. The registrar shall detach the perforated slip
he is qualified to vote on election day.                                    from the absentee ballot before mailing it to the voter and shall retain
      (2) A person who expects to be hospitalized on election day or        the slip in the records of his office for six months.
a person who expects to be hospitalized and released prior to election                                  *        *      *
day but who expects to be restricted to his bed by his physician on         §1309. Absentee application and voting in person
election day.                                                                     A.
      (3) A member of the United States Service, as defined in R.S.                                     *        *      *
18:1302, and his spouse and dependents, who expect to be out of the               (2) During the period of absentee voting in person, the registrar
parish on election day.                                                     shall maintain regular office hours, remaining open from 8:30 a.m. to
      (4) A student, instructor, or professor in an institution of higher   4:30 p.m. Monday through Friday, and from 8:30 a.m. to 12:00 noon
learning located outside the parish in which he is qualified to vote        on Saturday; however, if a Saturday or any holiday provided by law
and who lives outside of said parish by reason thereof, and his spouse      or proclaimed by the governor for state departments falls during the
and dependents accompanying and residing with him, who expect to            period for absentee voting, the office of the registrar shall remain
be out of the parish on election day.                                       open until 4:30 p.m. on such Saturday and on the last day of the
      (5) A minister, priest, rabbi, or other member of the clergy          period for absentee voting and the registrar shall post a notice to that
assigned to a religious post outside of the United States and his           effect at the entrance to the office of the registrar 8:00 a.m. to 8:00
spouse and any dependents accompanying and residing with him,               p.m. Monday through Saturday. Absentee voting in person on the
who expect to be out of the parish on election day.                         last day of voting will terminate when all persons who were in line to
      (6) A person residing outside the United States who expects to        vote at the close of the regular office hours of the registrar's office, as
be out of the parish on election day.                                       provided herein, have been allowed to vote. If the office space of the
                                                                            registrar is insufficient or inconvenient to accommodate absentee
Page 14 SENATE                                                                                   46th DAY'S PROCEEDINGS
June 20, 2003
voting, the registrar may provide for an alternate location to conduct        House of Representatives on June 17, 2003, on page 1, at the
absentee voting, which location shall be in the courthouse or in a            beginning of line 26 delete "1309(A)(2),"
public building in the immediate vicinity thereof, and in such case,
adequate notice shall be posted at the registrar's office informing the       AMENDMENT NO. 6
public of the location where absentee voting is being conducted.              In House Committee Amendment No. 4 proposed by the House
                             *       *       *                                Committee on House and Governmental Affairs and adopted by the
§1331. Persons entitled to vote in compliance with this Chapter               House of Representatives on June 17, 2003, on page 1, delete lines
     A qualified voter who is physically disabled to the extent that he       29 through 36 and on page 2 delete lines 1 through 4
is unable to vote in person at the polls on election day, either at the
polling place in the precinct in which he is registered to vote or at         AMENDMENT NO. 7
another polling place as provided in R.S. 18:531(B), and is unable to         In House Committee Amendment No. 4 proposed by the House
vote absentee in person at the registrar's office as permitted by R.S.        Committee on House and Governmental Affairs and adopted by the
18:1304, may vote by absentee ballot in accordance with the                   House of Representatives on June 17, 2003, on page 3, delete lines
provisions of this Part.                                                      30 through 52
§1332. Disabled voters; physical disability rendering voter incapable
     of voting in person, voting absentee by mail; requirements                               HOUSE FLOOR AMENDMENTS
     A. Except as provided in R.S. 18:1333, a person otherwise
qualified to vote who is physically disabled to an extent which               Amendments proposed by Representative Green to Engrossed Senate
prevents him from voting at the polls on election day or from voting          Bill No. 30 by Senator Cain
absentee in person as authorized by R.S. 18:1304 may vote absentee
by mail in accordance with the applicable provisions of Chapter 7 of          AMENDMENT NO. 1
this Election Code, upon approval for participation in the special            In House Committee Amendment No. 1 proposed by the House
program as provided by this Chapter.                                          Committee on House and Governmental Affairs and adopted by the
                             *       *       *                                House of Representatives on June 17, 2003, on page 1, line 4, after
     Section 2. R.S. 18:1304 and 1306(E)(1)(h), (G)(1)(d) and (g),            "425(E)," and before "1303(A)," delete "541, 542,"
and (H) are hereby repealed in their entirety.
     Section 3. The Louisiana State Law Institute shall work with             AMENDMENT NO. 2
appropriate legislative staff and state elections officials to identify the   In House Committee Amendment No. 1 proposed by the House
terms "absentee in person" and "absentee voting" in relation to voting        Committee on House and Governmental Affairs and adopted by the
absentee in person in the Louisiana Election Code, and shall submit           House of Representatives on June 17, 2003, on page 1, line 5, after
a report to the legislature specifying all such occurrences no later than     "1332(A)" insert a comma "," and insert "to enact R.S. 18:425.2,"
March 1, 2004, for the purposes of redesignating "absentee in person"
voting as "early" voting."                                                    AMENDMENT NO. 3
                                                                              In House Committee Amendment No. 1 proposed by the House
AMENDMENT NO. 5                                                               Committee on House and Governmental Affairs and adopted by the
On page 2, line 9, change "Section 2." to "Section 4."                        House of Representatives on June 17, 2003, on page 1, line 8, after
                                                                              "in person;" delete the remainder of the line and delete line 9 and on
                HOUSE FLOOR AMENDMENTS                                        line 10, delete "of voting;" and insert "to provide for the parish board
                                                                              of election supervisors to schedule two commissioners or
Amendments proposed by Representative Montgomery to Engrossed                 commissioners-in-charge to each serve for half of an election day and
Senate Bill No. 30 by Senator Cain                                            to split the compensation received;"
AMENDMENT NO. 1                                                               AMENDMENT NO. 4
In House Committee Amendment No. 1 proposed by the House                      In House Committee Amendment No. 3 proposed by the House
Committee on House and Governmental Affairs and adopted by the                Committee on House and Governmental Affairs and adopted by the
House of Representatives on June 17, 2003, on page 1, line 4, after           House of Representatives on June 17, 2003, on page 1, line 25, after
"425(E)," and before "1303(A)," delete "541, 542,"                            "425(E)," and before "1303(A)," delete "541, 542,"
AMENDMENT NO. 2                                                               AMENDMENT NO. 5
In House Committee Amendment No. 1 proposed by the House                      On page 1, line 7, after "reenacted" and before "to read" insert "and
Committee on House and Governmental Affairs and adopted by the                R.S. 18:425.2 is hereby enacted"
House of Representatives on June 17, 2003, on page 1, line 5, after
"1308(A)(1)(a)," and before "1331," delete "1309(A)(2),"                      AMENDMENT NO. 6
                                                                              In House Committee Amendment No. 1 proposed by the House
AMENDMENT NO. 3                                                               Committee on House and Governmental Affairs and adopted by the
In House Committee Amendment No. 1 proposed by the House                      House of Representatives on June 17, 2003, on page 1, delete lines
Committee on House and Governmental Affairs and adopted by the                29 through 36 and delete lines 1 through 4 on page 2 and insert the
House of Representatives on June 17, 2003, on page 1, line 8, after           following:
"in person;" delete the remainder of the line and delete line 9 and at        "§425.2. Commissioners and commissioners-in-charge; split hours
the beginning of line 10, delete "of voting;"                                      Notwithstanding any other provision of law to the contrary, if a
                                                                              parish board of election supervisors determines that the parish has a
AMENDMENT NO. 4                                                               shortage of commissioners or commissioners-in-charge to serve at the
In House Committee Amendment No. 3 proposed by the House                      polls on election day, the parish board of election supervisors may
Committee on House and Governmental Affairs and adopted by the                provide for a commissioner or commissioner-in-charge to split the
House of Representatives on June 17, 2003, on page 1, line 25, after          hours served on election day in half with another commissioner or
"425(E)," and before "1303(A)," delete "541, 542,"                            commissioner-in-charge, as the case may be. In each such case, the
                                                                              compensation of the commissioner or commissioner-in-charge shall
AMENDMENT NO. 5                                                               be half of what the commissioner or commissioner-in-charge would
In House Committee Amendment No. 3 proposed by the House                      receive for a full day of service, as provided for in R.S. 18:424(E) or
Committee on House and Governmental Affairs and adopted by the                R.S. 18:425(E). Any commissioner or commissioner-in-charge who
                                                                              desires to split the hours that he works on election day shall notify the
46th DAY'S PROCEEDINGS                                                                                   Page 15 SENATE
                                                                                                                          June 20, 2003
appropriate clerk of court at least sixty days prior to the election. The   On page 2, line 1, delete "any private source" and insert "private
State Board of Election Supervisors shall prescribe uniform rules with      sources"
respect to the selection, scheduling, and procedures relative to a
parish board of election supervisors splitting the hours that a             AMENDMENT NO. 3
commissioner or commissioner-in-charge will work on election day.           On page 2, line 22, delete "by any private source" and insert "from
                           *        *       *"                              private sources"

                               Motion                                       AMENDMENT NO. 4
                                                                            On page 2, between lines 25 and 26, insert the following:
     Senator Cain moved that the Senate concur in the amendments                 "Section 2. R.S. 42:1123(2)(b) is hereby amended and reenacted
returned from the House.                                                    to read as follows:
                                                                            §1123. Exceptions
     Senator Dardenne moved as a substitute motion that the Senate               This Part shall not preclude:
reject the amendments returned from the House be rejected.                                             *       *      *
                                                                                 (2)
     Senator Cain objected.                                                                            *       *      *
                                                                                 "(b) Awards of anything of economic value received by
                           ROLL CALL                                        teachers, principals, or school employees pursuant to the provisions
                                                                            of R.S. 17:432, 432.1, or 433, or 433.1 for their outstanding
     The roll was called with the following result:                         achievement in the performance of their duties or responsibilities as
                                                                            teachers, principals, or school employees given by any person.
                                YEAS                                        However, this exception shall not apply to any award from any
                                                                            person or from any officer, director, agent, or employee of such
Mr. President                 Holden                 Mount                  person, if the teacher, principal, or school employee receiving the
Barham                        Hollis                 Romero                 award knows or reasonably should know that the person has
Bean                          Hoyt                   Schedler               substantial economic interests which may be substantially affected by
Boissiere                     Jones, B               Smith                  the performance or nonperformance of the teacher's, principal's, or
Dardenne                      Jones, CD              Theunissen             school employee's official duty.
Dean                          Lambert                Ullo                                              *      *      *"
Ellington                     Malone                                        AMENDMENT NO. 5
Gautreaux                     Michot                                        On page 2, line 26, change "Section 2." to "Section 3."
 Total—22
                                NAYS                                            Senator Theunissen moved to concur in the amendments
Cain                          Fields                 Lentini                proposed by the House.
Chaisson                      Heitmeier              Marionneaux
Cravins                       Hines                  McPherson                                       ROLL CALL
Dupre                         Johnson                Thomas
 Total—12                                                                       The roll was called with the following result:
                               ABSENT
                                                                                                           YEAS
Adley                         Fontenot               Tarver
Bajoie                        Irons                                         Mr. President               Gautreaux                Marionneaux
 Total—5                                                                    Barham                      Heitmeier                McPherson
                                                                            Bean                        Hines                    Michot
     The Chair declared the amendments were rejected.                       Boissiere                   Holden                   Mount
                                                                            Cain                        Hollis                   Romero
SENATE BILL NO. 128—                                                        Chaisson                    Hoyt                     Schedler
     BY SENATOR THEUNISSEN AND REPRESENTATIVE CRANE                         Cravins                     Johnson                  Smith
                              AN ACT                                        Dardenne                    Jones, B                 Theunissen
To amend and reenact R.S. 17:433(C) and to enact R.S. 17:433(D)             Dean                        Jones, CD                Thomas
    and 433.1, relative to the outstanding state teacher and principal      Dupre                       Lambert                  Ullo
    awards; to establish the outstanding state principal awards; to         Ellington                   Lentini
    allow the recipients of the state awards to receive certain             Fields                      Malone
    monetary awards from private sources; and to provide for related         Total—34
    matters.                                                                                               NAYS
    The bill was read by title. Returned from the House of                   Total—0
Representatives with the following amendments:                                                           ABSENT
            HOUSE COMMITTEE AMENDMENTS                                      Adley                       Fontenot                 Tarver
                                                                            Bajoie                      Irons
Amendments proposed by House Committee on House and                          Total—5
Governmental Affairs to Engrossed Senate Bill No. 128 by Senator
Theunissen and Representative Crane                                              The Chair declared the amendments proposed by the House were
                                                                            concurred in. Senator Theunissen moved to reconsider the vote by
AMENDMENT NO. 1                                                             which the amendments were concurred in and laid the motion on the
On page 1, line 2, after "R.S. 17:433(C) and before "and to" insert         table.
"and R.S. 42:1123(2)(b),"
AMENDMENT NO. 2
Page 16 SENATE                                                                             46th DAY'S PROCEEDINGS
June 20, 2003
SENATE BILL NO. 177—                                                     Amendments proposed by House Committee on Civil Law and
     BY SENATOR HEITMEIER                                                Procedure to Engrossed Senate Bill No. 257 by Senator Dardenne
                      A JOINT RESOLUTION
Proposing to amend Article VII, Section 14(B) of the Constitution of     AMENDMENT NO. 1
    Louisiana, relative to public funds; to authorize public funds to    On page 1, line 4, change "extracorporeal therapist" to "perfusionist"
    be loaned or pledged by a state infrastructure bank to fund          and at the end of the line, after the semicolon ";" delete "to"
    eligible infrastructure projects; to provide for submission of the
    proposed amendment to the electors; and to provide for related       AMENDMENT NO. 2
    matters.                                                             On page 1, line 5, delete "provide for the definition of
                                                                         "extracorporeal therapist";"
    The bill was read by title. Returned from the House of
Representatives with the following amendments:                           AMENDMENT NO. 3
                                                                         On page 2, line 7, delete "any extracorporeal therapist, whether or
          LEGISLATIVE BUREAU AMENDMENTS                                  not"
Amendments proposed by Legislative Bureau to Engrossed Senate            AMENDMENT NO. 4
Bill No. 177 by Senator Heitmeier                                        On page 2, line 8, delete "such therapist is required to be licensed
                                                                         by this state," and insert "licensed perfusionist,"
AMENDMENT NO. 1
On page 1, line 10, following "to" and before "Article" insert "amend"   AMENDMENT NO. 5
                                                                         On page 2, deletes lines 21 through 26 in their entirety
     Senator Heitmeier moved to concur in the amendments proposed
by the House.                                                            AMENDMENT NO. 6
                                                                         On page 3, delete lines 1 through 6 in their entirety
                         ROLL CALL
                                                                                   LEGISLATIVE BUREAU AMENDMENTS
     The roll was called with the following result:
                                                                         Amendments proposed by Legislative Bureau to Engrossed Senate
                               YEAS                                      Bill No. 257 by Senator Dardenne
Mr. President               Heitmeier              McPherson             AMENDMENT NO. 1
Barham                      Hines                  Michot                In House Committee Amendment No. 1 proposed by the House
Boissiere                   Holden                 Mount                 Committee on Civil Law and Procedure, on line 2, delete "On" and
Cain                        Hollis                 Romero                insert "On page 1, line 2, delete ", and to enact R.S." and on page 1,
Chaisson                    Hoyt                   Schedler              line 3, delete "40:1299.41(A)(21)" and on"
Cravins                     Johnson                Smith
Dean                        Jones, B               Theunissen            AMENDMENT NO. 2
Dupre                       Jones, CD              Thomas                In House Committee Amendment No. 2 proposed by the House
Ellington                   Lambert                Ullo                  Committee on Civil Law and Procedure, on line 6, at the end of the
Fields                      Malone                                       line insert "and on page 1, line 8 after "reenacted" delete "and", and
Gautreaux                   Marionneaux                                  on page 1, line 9 delete "R.S. 40:1299.41(A)(21) is hereby enacted"
 Total—31
                               NAYS                                           Senator Dardenne moved to concur in the amendments proposed
                                                                         by the House.
 Total—0
                              ABSENT                                                              ROLL CALL
Adley                       Dardenne               Lentini                   The roll was called with the following result:
Bajoie                      Fontenot               Tarver
Bean                        Irons                                                                       YEAS
 Total—8
                                                                         Mr. President                Gautreaux               Marionneaux
     The Chair declared the amendments proposed by the House were        Barham                       Heitmeier               McPherson
concurred in. Senator Heitmeier moved to reconsider the vote by          Bean                         Hines                   Michot
which the amendments were concurred in and laid the motion on the        Boissiere                    Holden                  Mount
table.                                                                   Cain                         Hollis                  Romero
                                                                         Chaisson                     Hoyt                    Schedler
SENATE BILL NO. 257—                                                     Cravins                      Johnson                 Smith
     BY SENATOR DARDENNE
                             AN ACT                                      Dardenne                     Jones, B                Theunissen
To amend and reenact R.S. 40:1299.41(A)(1), and to enact R.S.            Dean                         Jones, CD               Thomas
    40:1299.41(A)(21), relative to the Medical Malpractice Act; to       Dupre                        Lambert                 Ullo
    include extracorporeal therapist in the definition of a "health      Ellington                    Lentini
    care provider"; to provide for the definition of "extracorporeal     Fields                       Malone
    therapist"; and to provide for related matters.                       Total—34
                                                                                                        NAYS
    The bill was read by title. Returned from the House of
Representatives with the following amendments:                            Total—0
                                                                                                       ABSENT
           HOUSE COMMITTEE AMENDMENTS
                                                                         Adley                        Fontenot                Tarver
46th DAY'S PROCEEDINGS                                                                                     Page 17 SENATE
                                                                                                                              June 20, 2003
Bajoie                        Irons                                         AMENDMENT NO. 4
 Total—5                                                                    On page 1, between lines 12 and 13, insert the following:
     The Chair declared the amendments proposed by the House were           "§2740.55. Southwest Ouachita Economic Development District
concurred in. Senator Dardenne moved to reconsider the vote by                    A. Creation. The Southwest Ouachita Economic Development
which the amendments were concurred in and laid the motion on the           District, referred to in this Section as the "district", is hereby created
table.                                                                      in the parish of Ouachita. The district shall be a political subdivision
                                                                            of the state created for the purpose of developing the area included
SENATE BILL NO. 262—                                                        within the district in order to provide for substantial economic
     BY SENATOR MOUNT                                                       activity and employment opportunities.
                              AN ACT                                              B. Boundaries. The district shall be comprised of all the
To enact R.S. 33:4712.8, relative to economic development for the           territory outside the municipal limits of the city of West Monroe and
    city of Westlake; to authorize the city of Westlake to transfer         included within the following boundaries: the northern boundary
    certain property no longer needed for public purposes; to               shall be Interstate 20, the eastern boundary shall be the Ouachita
    provide for the creation of a board to govern the sale of such          River, the western boundary shall be the Ouachita Parish line, the
    property; to provide for the purpose, powers, duties and                southern boundary shall be the Ouachita Parish line.
    membership of the board; to provide for the authority of the                  C. Governance. (1) In order to provide for the orderly
    board; to provide for the duties of the governing authority of the      planning, development, acquisition, construction, and effectuation of
    city of Westlake with respect to the board; and to provide for          the services, improvements, and facilities to be furnished by the
    related matters.                                                        district and to provide for the representation in the affairs of the
                                                                            district of those persons and interests immediately concerned with
    The bill was read by title. Returned from the House of                  and affected by the purposes and development of the district, the
Representatives with the following amendments:                              district shall be managed by a five-member board of commissioners,
                                                                            referred to in this Section as the "board". The members of the board
          LEGISLATIVE BUREAU AMENDMENTS                                     shall be appointed by the governor from a list nominations submitted
                                                                            as follows:
Amendments proposed by Legislative Bureau to Reengrossed Senate                   (a) Two members shall be nominated by the state representative
Bill No. 262 by Senator Mount                                               for House District No. 15.
                                                                                  (b) One member shall be nominated by the state representative
AMENDMENT NO. 1                                                             for House District No. 13.
On page 8, line 8, delete "(1)"                                                   (c) One member shall be nominated by the state senator for
                                                                            Senate District No. 32.
AMENDMENT NO. 2                                                                   (d) One member shall be nominated by the state senator for
On page 8, line 12, change "(2)" to "(1)"                                   Senate District No. 35.
                                                                                  (2)(a) Members of the board shall serve three-year terms after
AMENDMENT NO. 3                                                             initial terms as provided by Subparagraph (b) of this Paragraph.
On page 8, line 13, change "(3)" to "(2)"                                         (b) Three members shall serve an initial term of two years and
                                                                            two members shall serve an initial term of three years, as determined
AMENDMENT NO. 4                                                             by lot at the first meeting of the board.
On page 8, line 15, change "(4)" to "(3)"                                         (c) Any vacancy which occurs prior to the expiration of the term
                                                                            for which a member of the board has been appointed shall be filled
AMENDMENT NO. 5                                                             for the remainder of the unexpired term in the same manner as the
On page 8, line 17, change "(5)" to "(4)"                                   original appointment.
                                                                                  (3) The board shall elect from its members a chairman, a vice
AMENDMENT NO. 6                                                             chairman, a secretary-treasurer, and such other officers as it may
On page 8, line 22, change "(6)" to "(5)"                                   deem necessary. The duties of the officers shall be fixed by the
                                                                            bylaws adopted by the board.
AMENDMENT NO. 7                                                                   (4) The minute books and archives of the district shall be
On page 9, line 1, change "(7)" to "(6)"                                    maintained by the secretary of the board. The monies, funds, and
                                                                            accounts of the district shall be in the official custody of the board.
                HOUSE FLOOR AMENDMENTS                                            (5) The board shall adopt such rules and regulations as it deems
                                                                            necessary or advisable for conducting its business affairs. It shall
Amendments proposed by Representative Walsworth to Reengrossed              hold regular meetings as shall be provided in the bylaws and may
Senate Bill No. 262 by Senator Mount                                        hold special meetings at such times and places within the district as
                                                                            may be prescribed in the bylaws.
AMENDMENT NO. 1                                                                   (6) A majority of the members of the board shall constitute a
On page 1, line 2, after "To enact" delete the remainder of line 2, and     quorum for the transaction of business. The board shall keep minutes
at the beginning of line 3, delete "Westlake;" and insert in lieu thereof   of all meetings and shall make them available through the secretary
"R.S. 33:2740.55 and 4712.8, relative to economic development;"             of the board.
                                                                                  (7) The members of the board shall serve without compensation.
AMENDMENT NO. 2                                                                   D. District plan. (1) The board shall prepare or cause to be
On page 1, line 8, after "to the board;" and before "and to" insert "to     prepared a plan or plans, referred to in this Section as the "plan",
create the Southwest Ouachita Economic Development District; to             specifying the public improvements, facilities, and services proposed
provide relative to the purpose, boundaries, and governance of the          to be furnished, constructed, or acquired for the district and shall
district; to provide relative to district plans;"                           conduct public hearings, publish notice with respect thereto, and
                                                                            disseminate information as it, in the exercise of its sound discretion,
AMENDMENT NO. 3                                                             may deem to be appropriate or advisable and in the public interest.
On page 1, line 12, after "Section 1." and before "hereby enacted"                (2) Any plan may specify and encompass any public services,
delete "R.S. 33:4712.8 is" and insert in lieu thereof "R.S. 33:2740.55      capital improvements, and facilities which the parish of Ouachita is
and 4712.8 are"                                                             authorized to undertake, furnish, or provide under the constitution
                                                                            and laws of the state of Louisiana, and such specified public services,
Page 18 SENATE                                                                               46th DAY'S PROCEEDINGS
June 20, 2003
improvements, and facilities shall be special and in addition to all       Fields                       Lentini                 Ullo
services, improvements, and facilities which the parish of Ouachita         Total—33
is then furnishing or providing or may then or in the future be                                           NAYS
obligated to furnish or provide within the district.
      (3) Any plan shall include:                                           Total—0
      (a) An estimate of the annual and total cost of acquiring,                                        ABSENT
constructing, or providing the services, improvements, or facilities set
forth therein.                                                             Adley                        Dardenne                Irons
      (b) An estimate of the total number of mills required to be          Bajoie                       Fontenot                Tarver
levied each year on the taxable real property within the district in        Total—6
order to provide the funds required for the implementation of the
plan.                                                                           The Chair declared the amendments proposed by the House were
      (c) The proportion of the tax to be levied on the taxable real       rejected. Senator Mount moved to reconsider the vote by which the
property within the district which is to be set aside and dedicated to     amendments were rejected and laid the motion on the table.
paying the cost of furnishing specified services and the proportion of
such tax to be set aside and dedicated to paying the cost of capital       SENATE BILL NO. 307—
improvements or paying the cost of debt service on any bonds to be             BY SENATOR SCHEDLER
issued to pay the cost of capital improvements, such proportions, in                                      AN ACT
each case, to be expressed in numbers of mills.                            To amend and reenact R.S. 40:1235(A)(2)(b) and 1235.2(A), relative
      (4) Any monies received by the district must be used                     to qualifications to operate ambulances and ambulance providers
exclusively for the development of the district plan.                          and licensure; to provide an exception regarding heliports; and
      (5) The board shall submit the plan to the governing authority           to provide for related matters.
of the parish of Ouachita. The governing authority of the parish shall
review and consider the plan, but the board need not receive approval          The bill was read by title. Returned from the House of
of the parish governing authority prior to implementing such plan.         Representatives with the following amendments:
      E. Services and improvements. (1) All services to be furnished
within the district pursuant to any plan finally and conclusively                     HOUSE COMMITTEE AMENDMENTS
adopted may be furnished, supplied, and administered by the parish
of Ouachita through its regularly constituted departments, agencies,       Amendments proposed by House Committee on Health and Welfare
boards, commissions, and instrumentalities.               All capital      to Engrossed Senate Bill No. 307 by Senator Schedler
improvements and facilities to be acquired, constructed, or provided
within the district may likewise be so acquired, constructed, or           AMENDMENT NO. 1
provided by the parish of Ouachita through its regularly constituted       On page 2, after line, 18 insert the following:
departments, agencies, boards, commissions, and instrumentalities,              "Section 2. This Act shall become effective upon signature by
it being the intention of this Paragraph to avoid the duplication of       the governor or, if not signed by the governor, upon expiration of the
administrative and management efforts and expense in the                   time for bills to become law without signature by the governor, as
implementation of any plan adopted for the benefit of the district.        provided by Article III, Section 18 of the Constitution of Louisiana.
      (2) In order to provide services and/or provide, construct, or       If vetoed by the governor and subsequently approved by the
acquire capital improvements or facilities, the board may enter into       legislature, this Act shall become effective on the day following such
intergovernmental local service contracts with the parish of Ouachita.     approval."
                           *       *       *"
                                                                                Senator Schedler moved to concur in the amendments proposed
AMENDMENT NO. 5                                                            by the House.
On page 11, below line 9, insert the following:
      "Section 2. This Act shall become effective upon signature by                                 ROLL CALL
the governor or, if not signed by the governor, upon expiration of the
time for bills to become law without signature by the governor, as             The roll was called with the following result:
provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed by the governor and subsequently approved by the                                                YEAS
legislature, this Act shall become effective on the day following such
approval."                                                                 Mr. President                Gautreaux               Marionneaux
                                                                           Barham                       Heitmeier               McPherson
    Senator Mount moved to reject the amendments proposed by the           Bean                         Hines                   Michot
House.                                                                     Boissiere                    Holden                  Mount
                                                                           Cain                         Hollis                  Romero
                          ROLL CALL                                        Chaisson                     Hoyt                    Schedler
                                                                           Cravins                      Johnson                 Smith
     The roll was called with the following result:                        Dardenne                     Jones, B                Theunissen
                                                                           Dean                         Jones, CD               Thomas
                                YEAS                                       Dupre                        Lambert                 Ullo
                                                                           Ellington                    Lentini
Mr. President                Gautreaux               Malone                Fields                       Malone
Barham                       Heitmeier               Marionneaux            Total—34
Bean                         Hines                   McPherson                                            NAYS
Boissiere                    Holden                  Michot
Cain                         Hollis                  Mount                  Total—0
Chaisson                     Hoyt                    Romero                                             ABSENT
Cravins                      Johnson                 Schedler
Dean                         Jones, B                Smith                 Adley                        Fontenot                Tarver
Dupre                        Jones, CD               Theunissen            Bajoie                       Irons
Ellington                    Lambert                 Thomas                 Total—5
46th DAY'S PROCEEDINGS                                                                                  Page 19 SENATE
                                                                                                                         June 20, 2003
                                                                               The bill was read by title. Returned from the House of
     The Chair declared the amendments proposed by the House were          Representatives with the following amendments:
concurred in. Senator Schedler moved to reconsider the vote by
which the amendments were concurred in and laid the motion on the                      HOUSE COMMITTEE AMENDMENTS
table.
                                                                           Amendments proposed by House Committee on Health and Welfare
SENATE BILL NO. 326—                                                       to Reengrossed Senate Bill No. 358 by Senator McPherson
     BY SENATOR BAJOIE
                             AN ACT                                        AMENDMENT NO. 1
To enact Chapter 14-E of Title 46 of the Louisiana Revised Statutes        On page 1, delete lines 12 and 13, and insert in lieu thereof "which
    of 1950, to be comprised of R.S. 46:1445 through 1448, relative        serves children or adults suffering from mental retardation, autism,
    to child care workers; to provide a scholarship to child care          or behavioral problems, with no less than one"
    workers who obtain child care training from programs approved
    by the Department of Social Services; to require the Department        AMENDMENT NO. 2
    of Social Services to establish the amount of the scholarship to       On page 1, line 14, change "seventy-five" to "eighty"
    be paid; and to provide for related matters.
                                                                               Senator McPherson moved to concur in the amendments
    The bill was read by title. Returned from the House of                 proposed by the House.
Representatives with the following amendments:
            HOUSE COMMITTEE AMENDMENTS
                                                                                                    ROLL CALL
                                                                                The roll was called with the following result:
Amendments proposed by House Committee on Appropriations to
Reengrossed Senate Bill No. 326 by Senator Bajoie                                                         YEAS
AMENDMENT NO. 1                                                            Mr. President               Fields                    Lentini
On page 2, line 21, after "government" and before the period "." insert    Adley                       Fontenot                  Malone
"for such purpose"                                                         Bajoie                      Gautreaux                 Marionneaux
                                                                           Bean                        Hines                     McPherson
     Senator Bajoie moved to concur in the amendments proposed by          Boissiere                   Holden                    Michot
the House.                                                                 Cain                        Hollis                    Mount
                                                                           Chaisson                    Hoyt                      Romero
                          ROLL CALL                                        Cravins                     Johnson                   Smith
                                                                           Dardenne                    Jones, B                  Theunissen
     The roll was called with the following result:                        Dupre                       Jones, CD                 Thomas
                                                                           Ellington                   Lambert                   Ullo
                                YEAS                                        Total—33
                                                                                                          NAYS
Mr. President                Ellington               Lentini
Adley                        Fields                  Malone                Dean
Bajoie                       Fontenot                Marionneaux            Total—1
Barham                       Gautreaux               McPherson                                          ABSENT
Bean                         Heitmeier               Michot
Boissiere                    Holden                  Mount                 Barham                      Irons                     Tarver
Cain                         Hollis                  Romero                Heitmeier                   Schedler
Chaisson                     Hoyt                    Schedler               Total—5
Cravins                      Johnson                 Smith
Dardenne                     Jones, B                Theunissen                 The Chair declared the amendments proposed by the House were
Dean                         Jones, CD               Thomas                concurred in. Senator McPherson moved to reconsider the vote by
Dupre                        Lambert                 Ullo                  which the amendments were concurred in and laid the motion on the
 Total—36                                                                  table.
                                NAYS
                                                                           SENATE BILL NO. 421—
 Total—0                                                                        BY SENATOR MCPHERSON
                              ABSENT                                                                     AN ACT
                                                                           To amend and reenact R.S. 37:2157(A)(2), relative to exemptions
Hines                        Irons                   Tarver                    from licensure by the Louisiana State Licensing Board for
 Total—3                                                                       Contractors; to clarify that the owners of property are exempt
                                                                               from licensure for certain constructions or improvements to their
     The Chair declared the amendments proposed by the House were              property; and to provide for related matters.
concurred in. Senator Bajoie moved to reconsider the vote by which
the amendments were concurred in and laid the motion on the table.             The bill was read by title. Returned from the House of
                                                                           Representatives with the following amendments:
SENATE BILL NO. 358—
     BY SENATOR MCPHERSON                                                              HOUSE COMMITTEE AMENDMENTS
                               AN ACT
To enact R.S. 40:2116(G), relative to intermediate care facilities for     Amendments proposed by House Committee on Commerce to
     the mentally retarded; to provide with respect to the facility need   Engrossed Senate Bill No. 421 by Senator McPherson
     review provisions for facilities of a particular number of beds;
     and to provide for related matters.                                   AMENDMENT NO. 1
Page 20 SENATE                                                                              46th DAY'S PROCEEDINGS
June 20, 2003
On page 2, line 4 change "sale, rent," to "sale, or rent," delete the                     HOUSE FLOOR AMENDMENTS
remainder of the line, and delete line 5.
                                                                          Amendments proposed by Representative Pinac to Reengrossed
AMENDMENT NO. 2                                                           Senate Bill No. 437 by Senators Cain and Cravins
On page 2, line 6 delete "construction," and insert "and"
                                                                          AMENDMENT NO. 1
AMENDMENT NO. 3                                                           Delete House Committee Amendment No. 1 proposed by the House
On page 2, line 7 delete "specific designees" and insert "non-public      Committee on Commerce and adopted by the House on June 12,
invitees"                                                                 2003.

AMENDMENT NO. 4                                                           AMENDMENT NO. 2
On page 2, line 8 after "access" insert a period "." and delete the       On page 2, line 1, after "and" delete the remainder of the line, delete
remainder of the line and delete line 9 in its entirety.                  line 2, and insert "two persons at large"

    Senator McPherson moved to concur in the amendments                   AMENDMENT NO. 3
proposed by the House.                                                    On page 2, line 3, after "governor." and before "Each" insert the
                                                                          following: "One member of the commission shall be a member of a
                          ROLL CALL                                       minority as defined by R.S. 39:1952(14) and one member of the
                                                                          commission shall be a female."
     The roll was called with the following result:
                                                                                          HOUSE FLOOR AMENDMENTS
                                YEAS
                                                                          Amendments proposed by Representatives Hudson and Pierre to
Mr. President                Ellington              Lentini               Reengrossed Senate Bill No. 437 by Senator Cain
Adley                        Fields                 Malone
Bajoie                       Fontenot               Marionneaux           AMENDMENT NO. 1
Barham                       Gautreaux              McPherson             On page 2, line 3, after "governor." and before "Each" insert the
Bean                         Heitmeier              Michot                following: "Notwithstanding anything herein to the contrary, it
Boissiere                    Hines                  Mount                 shall be strictly prohibited for any family member of a legislator
Cain                         Holden                 Romero                to be appointed to the commission."
Chaisson                     Hollis                 Smith
Cravins                      Hoyt                   Theunissen                 Senator Cain moved to concur in the amendments proposed by
Dardenne                     Johnson                Thomas                the House.
Dean                         Jones, CD              Ullo
Dupre                        Lambert                                                                ROLL CALL
 Total—35
                               NAYS                                            The roll was called with the following result:
 Total—0                                                                                                  YEAS
                              ABSENT
                                                                          Mr. President                Ellington                Lentini
Irons                        Schedler                                     Adley                        Fields                   Malone
Jones, B                     Tarver                                       Bajoie                       Fontenot                 McPherson
 Total—4                                                                  Barham                       Gautreaux                Michot
                                                                          Bean                         Heitmeier                Mount
     The Chair declared the amendments proposed by the House were         Boissiere                    Holden                   Romero
concurred in. Senator McPherson moved to reconsider the vote by           Cain                         Hollis                   Schedler
which the amendments were concurred in and laid the motion on the         Chaisson                     Hoyt                     Smith
table.                                                                    Cravins                      Johnson                  Theunissen
                                                                          Dardenne                     Jones, B                 Thomas
SENATE BILL NO. 437—                                                      Dean                         Jones, CD                Ullo
     BY SENATORS CAIN AND CRAVINS                                         Dupre                        Lambert
                            AN ACT                                         Total—35
To amend and reenact R.S. 4:144(A); to provide for the membership                                        NAYS
    of the State Racing Commission; and to provide for related
    matters.                                                               Total—0
                                                                                                        ABSENT
    The bill was read by title. Returned from the House of
Representatives with the following amendments:                            Hines                        Marionneaux
                                                                          Irons                        Tarver
            HOUSE COMMITTEE AMENDMENTS                                     Total—4
Amendments proposed by House Committee on Commerce to                          The Chair declared the amendments proposed by the House were
Engrossed Senate Bill No. 437 by Senator Cain                             concurred in. Senator Cain moved to reconsider the vote by which
                                                                          the amendments were concurred in and laid the motion on the table.
AMENDMENT NO. 1
On page 2, line 1, after "district" delete the reminder of the line and
delete line 2 and insert the following: ", one person at large who is a
member of a minority as is defined in R.S. 39:1952(14), and one
person at large who is female,"
46th DAY'S PROCEEDINGS                                                                                  Page 21 SENATE
                                                                                                                          June 20, 2003
SENATE BILL NO. 476—                                                      AMENDMENT NO. 15
     BY SENATOR BAJOIE                                                    On page 3, line 4, change "two" to "three"
                             AN ACT
To enact R.S. 14:67.22, relative to theft; to create the crime of theft   AMENDMENT NO. 16
    of a used building component; to provide for criminal penalties;      On page 3, delete lines 5 through 18 in their entirety and insert the
    to provide for definitions; and to provide for related matters.       following:
                                                                               "(3) When the misappropriation or taking amounts to a value or
    The bill was read by title. Returned from the House of                replacement value, whichever is greater, of five hundred dollars or
Representatives with the following amendments:                            more, the offender shall be imprisoned, with or without hard labor,
                                                                          for not more than twelve years, or may be fined not more than five
               HOUSE FLOOR AMENDMENTS                                     thousand dollars, or both."
Amendments proposed by Representative Peychaud to Reengrossed                 Senator Bajoie moved to reject the amendments proposed by the
Senate Bill No. 476 by Senator Bajoie                                     House.
AMENDMENT NO. 1                                                                                     ROLL CALL
On page 1, at the end of line 15, delete "manufactured"
                                                                               The roll was called with the following result:
AMENDMENT NO. 2
On page 2, line 1, delete "object or"                                                                     YEAS
AMENDMENT NO. 3                                                           Mr. President                Fields                   Malone
On page 2, line 1, after "workmanship" insert "or tools"                  Adley                        Fontenot                 Marionneaux
                                                                          Bajoie                       Gautreaux                McPherson
AMENDMENT NO. 4                                                           Barham                       Heitmeier                Michot
On page 2, line 2, delete "or part of the" and insert "of"                Bean                         Hines                    Mount
                                                                          Boissiere                    Holden                   Romero
AMENDMENT NO. 5                                                           Cain                         Hollis                   Schedler
On page 2, line 4, insert a comma "," after "interest" and delete "of     Chaisson                     Hoyt                     Smith
any immovable property,"                                                  Cravins                      Johnson                  Theunissen
                                                                          Dardenne                     Jones, CD                Thomas
AMENDMENT NO. 6                                                           Dupre                        Lambert                  Ullo
On page 2, line 6, insert a comma "," after "structure" and delete        Ellington                    Lentini
"located on any immovable property,"                                       Total—35
                                                                                                          NAYS
AMENDMENT NO. 7
On page 2, delete line 8 in its entirety and insert "fixture, including   Dean
but not"                                                                   Total—1
                                                                                                        ABSENT
AMENDMENT NO. 8
On page 2, line 9, change "down spouts" to "downspouts"                   Irons                        Jones, B                 Tarver
                                                                           Total—3
AMENDMENT NO. 9
On page 2, line 18, after "plantings" delete the comma "," and delete          The Chair declared the amendments proposed by the House were
the remainder of the line and on line 19, delete "marble of any size,"    rejected. Senator Bajoie moved to reconsider the vote by which the
                                                                          amendments were rejected and laid the motion on the table.
AMENDMENT NO. 10
On page 2, line 19, delete "other" and at the end of the line delete      SENATE BILL NO. 578—
"any"                                                                          BY SENATOR FONTENOT AND REPRESENTATIVE ERDEY
                                                                                                         AN ACT
AMENDMENT NO. 11                                                          To enact R.S. 39:33.2, relative to the minimum foundation program;
On page 2, line 22, delete the comma "," after "component" and                to provide relative to returning the formula to the State Board of
delete the remainder of the line and delete lines 23 through 25 and           Elementary and Secondary Education; and to provide for related
insert the following: "when the misappropriation or taking amounts            matters.
to a value or replacement value, whichever is greater, of less than
three hundred dollars, the offender shall be imprisoned for not more          The bill was read by title. Returned from the House of
than one year, or may be fined not more than one thousand dollars,        Representatives with the following amendments:
or both. If the offender in such cases has been convicted of theft of
a used building component two or more times previously, upon any                      HOUSE COMMITTEE AMENDMENTS
subsequent conviction he shall be imprisoned, with or without hard
labor, for not more than five years, or may be fined not more than        Amendments proposed by House Committee on House and
three thousand dollars, or both."                                         Governmental Affairs to Engrossed Senate Bill No. 578 by Senator
                                                                          Fontenot
AMENDMENT NO. 12
On page 2, line 26, change "theft" to "misappropriation"                  AMENDMENT NO. 1
                                                                          On page 1, line 2, after "To" insert "amend and reenact R.S.
AMENDMENT NO. 13                                                          17:22(2)(d) and to"
On page 3, line 2, after "than" insert "a value of"
                                                                          AMENDMENT NO. 2
AMENDMENT NO. 14                                                          On page 1, line 7, after "Section 1." insert "R.S. 17:22(2)(d) is hereby
On page 3, line 3, change "two" to "five"                                 amended and reenacted and"
Page 22 SENATE                                                                            46th DAY'S PROCEEDINGS
June 20, 2003
AMENDMENT NO. 3                                                         SENATE BILL NO. 761—
On page 1, between lines 7 and 8, insert the following:                      BY SENATOR CAIN
"§22. Superintendent; functions and duties                                                            AN ACT
     The superintendent shall:                                          To amend and reenact R.S. 14:42(A)(4) and to enact Code of
                           *     *        *                                 Criminal Procedure Art. 336.1, relative to certain sex offenses;
     (2) Provide the staff services for the board. In that regard the       to provide relative to the crime of aggravated rape; to raise the
superintendent shall:                                                       age of the victim as an element of such crime; to require certain
                           *     *        *                                 considerations by the court in determining release on bail for
     (d) Prepare a minimum foundation program, a formula for the            offenses of such crime; to provide relative to the conditions of
equitable allocation of minimum foundation funds to parish and city         release on bail for an indictment for such a crime; to provide
school systems, and budgets for adoption by the board. Upon                 relative to electronic monitoring; and to provide for related
adoption by the board of such program, formula, and budget for the          matters.
ensuing fiscal year, the superintendent shall submit the budget in
accordance with R.S. 39:45.1 and shall submit the minimum                   The bill was read by title. Returned from the House of
foundation program and formula to each member of the Joint              Representatives with the following amendments:
Legislative Committee on the Budget and to each member of the
House and Senate Committees on Education for review not later than                 HOUSE COMMITTEE AMENDMENTS
the fifteenth day of March in each year on the forms and in the
manner prescribed, and accompanied by such other data as the            Amendments proposed by House Committee on Administration of
committees may require.                                                 Criminal Justice to Engrossed Senate Bill No. 761 by Senator Cain
                          *      *       *"
                                                                        AMENDMENT NO. 1
                HOUSE FLOOR AMENDMENTS                                  On page 2, line 19, after "prepared by the" and before "relative"
                                                                        change "American Psychiatric Association" to "the United States
Amendments proposed by Representative Erdey to Engrossed Senate         Department of Justice"
Bill No. 578 by Senator Fontenot
                                                                             Senator Cain moved to concur in the amendments proposed by
AMENDMENT NO. 1                                                         the House.
In House Committee Amendment No. 3 proposed by the House
Committee on House and Governmental Affairs and adopted by the                                   ROLL CALL
House of Representatives on June 17, 2003, on line 20, after "R.S."
and before "and shall" delete "39:45.1" and insert "39:33"                   The roll was called with the following result:
     Senator Fontenot moved to concur in the amendments proposed                                       YEAS
by the House.
                                                                        Mr. President               Fields                    Malone
                         ROLL CALL                                      Adley                       Fontenot                  Marionneaux
                                                                        Bajoie                      Gautreaux                 McPherson
     The roll was called with the following result:                     Barham                      Heitmeier                 Michot
                                                                        Bean                        Hines                     Mount
                               YEAS                                     Boissiere                   Holden                    Romero
                                                                        Cain                        Hollis                    Schedler
Mr. President               Fields                Malone                Chaisson                    Hoyt                      Smith
Adley                       Fontenot              Marionneaux           Cravins                     Johnson                   Theunissen
Bajoie                      Gautreaux             McPherson             Dardenne                    Jones, B                  Thomas
Barham                      Heitmeier             Michot                Dean                        Jones, CD                 Ullo
Bean                        Hines                 Mount                 Dupre                       Lambert
Boissiere                   Holden                Romero                Ellington                   Lentini
Cain                        Hollis                Schedler               Total—37
Chaisson                    Hoyt                  Smith                                                NAYS
Cravins                     Johnson               Theunissen
Dardenne                    Jones, B              Thomas                 Total—0
Dean                        Jones, CD             Ullo                                               ABSENT
Dupre                       Lambert
Ellington                   Lentini                                     Irons                       Tarver
 Total—37                                                                Total—2
                               NAYS
                                                                             The Chair declared the amendments proposed by the House were
 Total—0                                                                concurred in. Senator Cain moved to reconsider the vote by which
                             ABSENT                                     the amendments were concurred in and laid the motion on the table.

Irons                       Tarver                                      SENATE BILL NO. 792—
 Total—2                                                                     BY SENATOR BARHAM
                                                                                                    AN ACT
     The Chair declared the amendments proposed by the House were       To amend and reenact R.S. 30:2030(B) and enact R.S.
concurred in. Senator Fontenot moved to reconsider the vote by             30:2030(A)(1)(c) and (d), relative to the Department of
which the amendments were concurred in and laid the motion on the          Environmental Quality; to authorize the classification of security
table.                                                                     sensitive information and personal identification information as
                                                                           confidential; and to provide for related matters.
46th DAY'S PROCEEDINGS                                                                                  Page 23 SENATE
                                                                                                                           June 20, 2003
    The bill was read by title. Returned from the House of                On page 2, line 10, after "area" delete the remainder of the line and
Representatives with the following amendments:                            insert a period "." and the following: "Security sensitive information
                                                                          shall only include the following:
            HOUSE COMMITTEE AMENDMENTS                                         (i) Plans to prevent or respond to terrorist activity.
                                                                               (ii) Engineering and architectural drawings and operational,
Amendments proposed by House Committee on House and                       procedural, or tactical planning and training manuals and other
Governmental Affairs to Engrossed Senate Bill No.792 by Senator           records the disclosure of which would reveal surveillance techniques,
Barham                                                                    personnel deployments, alarm or security systems or technologies,
                                                                          operations and transportation plans or protocols, locations of
AMENDMENT NO. 1                                                           particular materials or critical facility areas, or discharge or emission
On page 1, at the beginning of line 3, after "(d)" delete the comma ","   points.
and insert "and (D),"                                                          (iii) Security documents.
                                                                               (iv) Loading and unloading locations and schedules.
AMENDMENT NO. 2                                                                (v) Shift rotation schedules.
On page 1, line 5, after "confidential;" and before "and to" insert "to        (vi) Inspection schedules.
authorize the department to restrict access to certain sensitive and           (vii) Personnel training records and certifications."
personal identification information; to provide for certain penalties;"
                                                                              Senator Bajoie moved to reject the amendments proposed by the
AMENDMENT NO. 3                                                           House.
On page 1, line 9, after "(d)" and insert "and (D)"
                                                                                                    ROLL CALL
AMENDMENT NO. 4
On page 1, line 10, after "information" insert a semicolon ";" and             The roll was called with the following result:
insert "restricted access"
                                                                                                          YEAS
AMENDMENT NO. 5
On page 2, line 14, change "adopt" to "specify"                           Mr. President                 Fields                  Lentini
                                                                          Adley                         Fontenot                Malone
AMENDMENT NO. 6                                                           Barham                        Gautreaux               Marionneaux
On page 2, between lines 14 and 15, insert the following:                 Bean                          Heitmeier               McPherson
                       "*       *       *"                                Boissiere                     Hines                   Michot
                                                                          Cain                          Holden                  Mount
AMENDMENT NO. 7                                                           Chaisson                      Hollis                  Romero
On page 2, line 25, after "department" delete the period "." and insert   Cravins                       Hoyt                    Schedler
"provided that such agency shall be required to maintain the              Dardenne                      Johnson                 Smith
confidentiality of the information classified as confidential."           Dean                          Jones, B                Theunissen
                                                                          Dupre                         Jones, CD               Thomas
AMENDMENT NO. 8                                                           Ellington                     Lambert                 Ullo
On page 2, after line 26, insert the following:                            Total—36
      "D. (1) The department may restrict access to certain sensitive                                     NAYS
and personal identification information for the purpose of preventing
the distribution or dissemination of such information via the Internet     Total—0
by the department or its employees. Any information to which access                                      ABSENT
is restricted shall not be distributed or disseminated via the Internet
by the department or its employees; however any person of the age of      Bajoie                        Irons                   Tarver
majority may appear in person at the main office of the department         Total—3
and review, examine, and copy such record in accordance with R.S.
44:1 et seq. The department shall adopt such rules and regulations,            The Chair declared the amendments proposed by the House were
in accordance with the Administrative Procedure Act, as necessary to      rejected. Senator Barham moved to reconsider the vote by which the
fully describe the information to which access is restricted and to       amendments were rejected and laid the motion on the table.
effectively implement this Subsection.
      (2) Any employee of the department or any former employee of        SENATE BILL NO. 801—
the department or any authorized contractor acting as a representative         BY SENATOR MARIONNEAUX
of the secretary or the department who is convicted of the intentional                                  AN ACT
distribution or dissemination of any information via the Internet to      To enact R.S. 15:587(E), relative to criminal history records; to allow
which access has been restricted pursuant to the provisions of this           certain employers or their representatives to obtain criminal
Subsection is guilty of a misdemeanor and upon conviction shall be            history records of persons applying for employment; and to
punished by a fine of not more than one thousand dollars,                     provide for related matters.
imprisonment for up to one year, or both."
                                                                              The bill was read by title. Returned from the House of
            HOUSE COMMITTEE AMENDMENTS                                    Representatives with the following amendments:
Amendments proposed by Representative Bruneau to Reengrossed                              HOUSE FLOOR AMENDMENTS
Senate Bill No. 792 by Senator Barham
                                                                          Amendments proposed by Representative Martiny to Reengrossed
AMENDMENT NO. 1                                                           Senate Bill No. 801 by Senator Marionneaux
Delete House Committee Amendment Nos. 1, 2, 3, 4, 7, and 8
proposed by the House Committee on House and Governmental                 AMENDMENT NO. 1
Affairs and adopted by the House on June 18, 2003                         On page 1, line 4, after "employment;" and before "and" insert "to
                                                                          provide for definitions;"
AMENDMENT NO. 2
Page 24 SENATE                                                                               46th DAY'S PROCEEDINGS
June 20, 2003
AMENDMENT NO. 2                                                                                         ABSENT
On page 1, at the end of line 11, delete "the"
                                                                           Irons                        Tarver
AMENDMENT NO. 3                                                             Total—2
On page 1, delete line 12 in its entirety and insert "conviction records
of an applicant seeking"                                                        The Chair declared the amendments proposed by the House were
                                                                           concurred in. Senator Marionneaux moved to reconsider the vote by
AMENDMENT NO. 4                                                            which the amendments were concurred in and laid the motion on the
On page 1, line 13, after employment insert a comma "," and before         table.
"from" insert "directly"
                                                                           SENATE BILL NO. 867—
AMENDMENT NO. 5                                                                 BY SENATOR SCHEDLER
On page 1, line 15, after "sought" insert a comma ","                                                    AN ACT
                                                                           To amend and reenact Subpart C-2 of Part II of Chapter 4 of Title 17
AMENDMENT NO. 6                                                                of the Louisiana Revised Statutes of 1950, to be comprised of
On page 2, line 1, after "such" delete the remainder of the line and           R.S. 17:1519 through 1519.13, and R.S. 46:6, to enact Chapter
insert "conviction records."                                                   59 of Title 46 of the Louisiana Revised Statutes of 1950, to be
                                                                               comprised of R.S. 46:2761, and to repeal R.S. 46:6(B) and (C),
AMENDMENT NO. 7                                                                relative to the Louisiana State University Health Sciences
On page 2, line 2, delete "signed"                                             Center-Health Care Services Division; to provide for definitions;
                                                                               to provide for structure, duties, powers, and responsibilities of
AMENDMENT NO. 8                                                                the Board of Supervisors of Louisiana State University and
On page 2, at the end of line 2, insert "prepared by the bureau and"           Agricultural and Mechanical College to govern the division; and
                                                                               to provide for related matters.
AMENDMENT NO. 9
On page 2, line 3, after "provide" delete the remainder of the line and         On motion of Senator Schedler, the bill was read by title and
delete line 4 in its entirety and insert "any conviction records of the    returned to the Calendar, subject to call.
applicant to the"
                                                                           SENATE BILL NO. 882—
                                                                                BY SENATOR MALONE
AMENDMENT NO. 10
On page 2, line 5, after "manner." and before "The" insert "For the                                     AN ACT
purposes of this Subsection "conviction records" shall include only        To amend and reenact R.S. 18:491, relative to elections; to authorize
those records which are electronically maintained by the bureau, and           certain elected officials to bring an action objecting to the
are records of a finding of guilty, a plea of guilty or nolo contendere,       candidacy of a person who qualifies in a primary election; to
including those which have been set aside or dismissed pursuant to             require creditable evidence; and to provide for related matters.
Code of Criminal Procedure Articles 893 or 894, or for which an
individual has received an automatic first offender pardon. It shall           The bill was read by title. Returned from the House of
not include those records which have been ordered expunged                 Representatives with the following amendments:
pursuant to R.S. 44:9."
                                                                                       HOUSE COMMITTEE AMENDMENTS
AMENDMENT NO. 11
On page 2, line 7, after "Subsection." insert "The bureau shall not be     Amendments proposed by House Committee on House and
liable civilly or criminally for the release of information released       Governmental Affairs to Engrossed Senate Bill No. 882 by Senator
pursuant to the provisions of this Subsection."                            Malone

    Senator Marionneaux moved to concur in the amendments                  AMENDMENT NO. 1
proposed by the House.                                                     On page 1, line 15, after "presented" delete the remainder of the line
                                                                           and on page 2, delete lines 1 and 2
                          ROLL CALL                                        AMENDMENT NO. 2
                                                                           On page 2, line 6, after "file an action" delete the remainder of the
     The roll was called with the following result:                        line and insert "objecting to candidacy within the time limitation
                                                                           provided in R.S. 18:493."
                                YEAS
                                                                                Senator Malone moved to concur in the amendments proposed
Mr. President                Ellington               Lentini               by the House.
Adley                        Fields                  Malone
Bajoie                       Gautreaux               Marionneaux
Barham                       Heitmeier               McPherson                                      ROLL CALL
Bean                         Hines                   Michot
Boissiere                    Holden                  Mount                      The roll was called with the following result:
Cain                         Hollis                  Romero
Chaisson                     Hoyt                    Schedler                                             YEAS
Cravins                      Johnson                 Smith
Dardenne                     Jones, B                Theunissen            Adley                        Fields                   Lentini
Dean                         Jones, CD               Thomas                Bajoie                       Fontenot                 Malone
Dupre                        Lambert                 Ullo                  Barham                       Gautreaux                Marionneaux
 Total—36                                                                  Bean                         Heitmeier                McPherson
                                NAYS                                       Boissiere                    Hines                    Michot
                                                                           Cain                         Holden                   Mount
Fontenot                                                                   Chaisson                     Hollis                   Romero
 Total—1                                                                   Cravins                      Hoyt                     Schedler
46th DAY'S PROCEEDINGS                                                                               Page 25 SENATE
                                                                                                                       June 20, 2003
Dardenne                    Johnson                Smith                 (POST) certified and who are entitled to extra compensation from the
Dean                        Jones, B               Theunissen            state."
Dupre                       Jones, CD              Thomas
Ellington                   Lambert                Ullo                       Senator Boissiere moved to concur in the amendments proposed
 Total—36                                                                by the House.
                               NAYS
                                                                                                  ROLL CALL
 Total—0
                              ABSENT                                         The roll was called with the following result:
Mr. President               Irons                  Tarver                                              YEAS
 Total—3
                                                                         Adley                       Fontenot                 Malone
     The Chair declared the amendments proposed by the House were        Bajoie                      Gautreaux                Marionneaux
concurred in. Senator Malone moved to reconsider the vote by which       Barham                      Heitmeier                McPherson
the amendments were concurred in and laid the motion on the table.       Bean                        Hines                    Michot
                                                                         Boissiere                   Holden                   Mount
SENATE BILL NO. 900—                                                     Cain                        Hollis                   Romero
     BY SENATOR BOISSIERE
                                                                         Chaisson                    Hoyt                     Schedler
                           AN ACT                                        Cravins                     Johnson                  Smith
To amend and reenact R.S. 33:2218.4(B), relative to extra                Dardenne                    Jones, B                 Theunissen
   compensation paid by the state to police and deputy sheriffs; to      Dean                        Jones, CD                Thomas
   grant authority to certain local officials to sign warrants to        Dupre                       Lambert                  Ullo
   disburse such funds; and to provide for related matters.              Fields                      Lentini
                                                                          Total—35
    The bill was read by title. Returned from the House of                                             NAYS
Representatives with the following amendments:
                                                                          Total—0
                HOUSE FLOOR AMENDMENTS                                                                ABSENT
Amendments proposed by Representative Arnold to Reengrossed              Mr. President               Irons
Senate Bill No. 900 by Senator Boissiere                                 Ellington                   Tarver
                                                                          Total—4
AMENDMENT NO. 1
On page 1, line 2, change "(B)" to "(A) and (B) and to enact R.S.             The Chair declared the amendments proposed by the House were
33:2218.4(E)"                                                            concurred in. Senator Boissiere moved to reconsider the vote by
                                                                         which the amendments were concurred in and laid the motion on the
AMENDMENT NO. 2                                                          table.
On page 1, line 7, change "(B)" to "(A) and (B)" and between
"reenacted" and "to" insert "and R.S. 33:2218.4(E) is hereby enacted"    SENATE BILL NO. 908—
                                                                             BY SENATOR HAINKEL
AMENDMENT NO. 3                                                                                       AN ACT
On page 1, delete lines 10 through 15, and insert the following:         To enact Chapter 9 of Title 29 of the Louisiana Revised Statutes of
      "A. The funds appropriated and dedicated as herein provided            1950, to be comprised of R.S. 29:760 through 772, relative to
shall be disbursed upon warrants drawn by the mayors of the                  emergency health powers; to provide for a plan dealing with a
respective municipalities coming under the provisions of this Sub-           health emergency; to provide who can declare such an
part Subpart, which warrants shall have attached to them a detailed          emergency, for what length of time and who can end such an
list of the names of the officers for whose benefit any particular           emergency; to provide for isolation and quarantine of infected
warrant is drawn, together with the completed years of service of such       citizens; to provide for an organizational and operational
officers and such other information as the Director secretary of the         structure that is compatible with the Louisiana Emergency
State Department of Public Safety and Corrections may require."              Assistance and Disaster Act of 1993; and to provide for related
      B. The mayors of the respective municipalities shall forward the       matters.
warrants to the Director secretary of the State Department of Public"
                                                                             The bill was read by title. Returned from the House of
AMENDMENT NO. 4                                                          Representatives with the following amendments:
On page 2, lines 2 and 8, change "director" to "secretary"
                                                                                    HOUSE COMMITTEE AMENDMENTS
AMENDMENT NO. 5
On page 2, lines 5 and 8, change "Sub-Part" to "Subpart"                 Amendments proposed by House Committee on Judiciary to
                                                                         Reengrossed Senate Bill No. 908 by Senator Hainkel
AMENDMENT NO. 6
On page 2, after line 12, add the following:                             AMENDMENT NO. 1
"R.S. 33:2218.4(E) is all new law.                                       On page 6, line 15, after "means" and before "the" delete "a
      (E)(1) As used in this Section, references to "municipality" and   representative of"
"municipal" shall include political subdivisions whose employees are
peace officer standards and training (POST) certified and who are        AMENDMENT NO. 2
entitled to extra compensation from the state.                           On page 11, line 25, after "made" and before "electronically" insert
      (2) As used in this Section, reference to "mayor" includes his     "immediately by telephone to the office of public health, infectious
designee and also includes the executive director of a political         disease epidemiology section, as required by the Louisiana State
subdivision whose employees are peace officer standards and training     Sanitary Code, and then"
Page 26 SENATE                                                                                46th DAY'S PROCEEDINGS
June 20, 2003
                HOUSE FLOOR AMENDMENTS                                     On page 1, line 4, after "Commission;" insert "to provide for
                                                                           telephonic solicitations; to provide for exceptions;"
Amendments proposed by Representative Walsworth to Reengrossed
Senate Bill No. 908 by Senator Hainkel                                     AMENDMENT NO. 4
                                                                           On page 1, line 6, change "R.S. 45:844.8 is" to R.S. 45:844.8 and
AMENDMENT NO. 1                                                            844.12(4)(g) are"
On page 12, line 7 after "information" delete the remainder of the line
and insert in lieu thereof "in compliance with Patient Privacy             AMENDMENT NO. 5
Protections contained in the Health Insurance Portability and              On page 1, below line 11, insert the following:
Accountability Act of 1996:"                                                                         "*         *       *
                                                                           §844.12. Definitions
     Senator Hainkel moved to reject the amendments proposed by                 As used in this Chapter, the following terms and phrases shall
the House.                                                                 have the meanings hereinafter ascribed to them:
                                                                                                      *        *       *
                          ROLL CALL                                             (4) "Telephonic solicitation" means any voice or data
                                                                           communication made by a telephonic solicitor to a residential
     The roll was called with the following result:                        telephonic subscriber for the purpose of encouraging a sale or rental
                                                                           of or investment in property, consumer goods, or services; or for the
                                YEAS                                       purpose of encouraging an extension of credit for property, consumer
                                                                           goods, or services; or for the purpose of obtaining information that
Mr. President                Fields                  Marionneaux           will or may be used for the direct solicitation of a sale or rental of or
Adley                        Fontenot                McPherson             investment in property, consumer goods, or services or an extension
Bajoie                       Gautreaux               Michot                of credit for such purposes; or for the solicitation of a contribution to
Barham                       Heitmeier               Mount                 a charitable organization, but does not include voice or data
Bean                         Holden                  Romero                communications made for any of the following reasons:
Boissiere                    Hollis                  Schedler                                         *        *       *
Cain                         Johnson                 Smith                 R.S. 45:844.12(4)(g) is all proposed new law.
Chaisson                     Jones, B                Theunissen                 (g) By a person or business that does not complete the sales
Cravins                      Jones, CD               Thomas                presentation during the telephone solicitation and made in
Dardenne                     Lambert                 Ullo                  contemplation of the sales presentation being completed at a later
Dupre                        Lentini                                       face-to-face meeting between the telephonic solicitor and the person
Ellington                    Malone                                        contacted."
 Total—34
                                NAYS                                           Senator Cain moved to reject the amendments proposed by the
                                                                           House.
Dean
 Total—1                                                                                             ROLL CALL
                              ABSENT
                                                                                The roll was called with the following result:
Hines                        Irons
Hoyt                         Tarver                                                                        YEAS
 Total—4
                                                                           Adley                         Fields                  Malone
     The Chair declared the amendments proposed by the House were          Bajoie                        Fontenot                Marionneaux
rejected. Senator Hainkel moved to reconsider the vote by which the        Barham                        Gautreaux               McPherson
amendments were rejected and laid the motion on the table.                 Bean                          Heitmeier               Michot
                                                                           Boissiere                     Hines                   Mount
SENATE BILL NO. 909—                                                       Cain                          Holden                  Romero
     BY SENATOR CAIN                                                       Chaisson                      Hollis                  Schedler
                               AN ACT                                      Dardenne                      Johnson                 Smith
To enact R.S. 45:844.8, relative to wireless telephonic solicitation; to   Dean                          Jones, B                Theunissen
    provide for the promulgation of rules and regulations by the           Dupre                         Jones, CD               Thomas
    Louisiana Public Service Commission; and to provide for related        Ellington                     Lentini                 Ullo
    matters.                                                                Total—33
                                                                                                           NAYS
    The bill was read by title. Returned from the House of
Representatives with the following amendments:                             Cravins
                                                                            Total—1
                HOUSE FLOOR AMENDMENTS                                                                    ABSENT
Amendments proposed by Representative Tucker to Engrossed Senate           Mr. President                 Irons                   Tarver
Bill No. 909 by Senator Cain                                               Hoyt                          Lambert
                                                                            Total—5
AMENDMENT NO. 1
On page 1, line 2, after "45:844.8" insert "and 844.12(4)(g)"                   The Chair declared the amendments proposed by the House were
                                                                           rejected. Senator Cain moved to reconsider the vote by which the
AMENDMENT NO. 2                                                            amendments were rejected and laid the motion on the table.
On page 1, line 2, after "relative to" delete "wireless"
AMENDMENT NO. 3
46th DAY'S PROCEEDINGS                                                                                 Page 27 SENATE
                                                                                                                         June 20, 2003
SENATE BILL NO. 931—                                                     SENATE BILL NO. 942—
     BY SENATOR ELLINGTON                                                     BY SENATOR THOMAS
                            AN ACT                                                                        AN ACT
To amend and reenact Children's Code Art. 1263, relative to the          To authorize the secretary for the Department of Health and Hospitals
    action to annul a final decree of adoption; to provide for the            and the commissioner of administration, for and on behalf of the
    peremptive period in all cases; and to provide for related                state, to enter into an agreement with respect to the exchange of
    matters.                                                                  certain properties in Washington Parish; to authorize and
                                                                              provide for the transfer or lease of certain state property in a
    The bill was read by title. Returned from the House of                    parish with a population between eighteen thousand five
Representatives with the following amendments:                                hundred and nineteen thousand according to the latest federal
                                                                              decennial census from the Department of Health and Hospitals
                HOUSE FLOOR AMENDMENTS                                        to a fire protection district within such parish, through the
                                                                              governing authority of the district; to authorize the Secretary of
Amendments proposed by Representative Green to Reengrossed                    the Department of Social Services and the commissioner of
Senate Bill No. 931 by Senator Ellington                                      administration to enter into a cooperative agreement with the
                                                                              parish governing authority of Tangipahoa Parish for the purpose
AMENDMENT NO. 1                                                               of utilization of certain real property for the operation of a 911
On page 1, at the beginning of line 9, insert "A."                            system; and to provide for related matters.
AMENDMENT NO. 2                                                              The bill was read by title. Returned from the House of
On page 1, line 10, after "perpetrated by" delete the remainder of the   Representatives with the following amendments:
line and insert "anyone other than the adoptive parent"
                                                                                     HOUSE COMMITTEE AMENDMENTS
AMENDMENT NO. 3
On page 1, between lines 14 and 15, insert the following:                Amendments proposed by House Committee on Natural Resources
      "B. An action to annul a final decree of adoption based upon a     to Reengrossed Senate Bill No. 942 by Senator Thomas
claim of fraud or duress perpetrated by an adoptive parent must be
brought within six months from discovery of the fraud or duress and      AMENDMENT NO. 1
in no event later than two years from the date of the signing of the     On page 1, line 14, delete "for the operation of a 911 system"
final decree or mailing of the judgment when required."
                                                                         AMENDMENT NO. 2
     Senator Ellington moved to concur in the amendments proposed        On page 4, line 2, after "title to" delete the remainder of the line and
by the House.                                                            insert in lieu thereof "a portion not to exceed one acre"

                         ROLL CALL                                       AMENDMENT NO. 3
                                                                         On page 6, line 5, after "rights, to" insert "a reasonable portion
     The roll was called with the following result:                      necessary to conduct the volunteer fire department's activities of"

                               YEAS                                      AMENDMENT NO. 4
                                                                         On page 6, line 6, after "herein," insert "not to exceed one acre,"
Mr. President               Ellington                Lambert
Adley                       Fields                   Malone              AMENDMENT NO. 5
Bajoie                      Fontenot                 Marionneaux         On page 6, line 12, change "all or" to "a"
Barham                      Gautreaux                McPherson
Bean                        Heitmeier                Michot              AMENDMENT NO. 6
Boissiere                   Hines                    Mount               On page 6, line 16, delete "the parish of"
Cain                        Holden                   Romero
Chaisson                    Hollis                   Schedler            AMENDMENT NO. 7
Cravins                     Hoyt                     Smith               On page 6, delete line 19 and insert in lieu thereof "improvements
Dardenne                    Johnson                  Theunissen          thereon. The"
Dean                        Jones, B                 Thomas
Dupre                       Jones, CD                Ullo                                HOUSE FLOOR AMENDMENTS
 Total—36
                               NAYS                                      Amendments proposed by Representative Carter to Reengrossed
                                                                         Senate Bill No. 942 by Senator Thomas
 Total—0
                              ABSENT                                     AMENDMENT NO. 1
                                                                         On page 6, line 19, before the period "." insert, " or for other
Irons                       Lentini                  Tarver              governmental purposes"
 Total—3
                                                                              Senator Thomas moved to concur in the amendments proposed
     The Chair declared the amendments proposed by the House were        by the House.
concurred in. Senator Ellington moved to reconsider the vote by
which the amendments were concurred in and laid the motion on the                                  ROLL CALL
table.
                                                                              The roll was called with the following result:
                                                                                                         YEAS
                                                                         Mr. President                Fields                   Lentini
                                                                         Adley                        Fontenot                 Malone
Page 28 SENATE                                                                               46th DAY'S PROCEEDINGS
June 20, 2003
Bajoie                       Gautreaux              Marionneaux           Center for Youth-Madison Parish Unit be used as a juvenile facility
Barham                       Heitmeier              McPherson             after May 31, 2005.
Bean                         Hines                  Michot                      (3) No provision of this Subsection shall prohibit the
Boissiere                    Holden                 Mount                 department from closing Swanson Correctional Center for Youth-
Chaisson                     Hollis                 Romero                Madison Parish Unit at any time prior to December 31, 2004, should
Cravins                      Hoyt                   Schedler              the protection and public safety of society permit.
Dardenne                     Johnson                Smith                       B.(1) The Department of Public Safety and Corrections shall
Dean                         Jones, B               Theunissen            develop a comprehensive plan for the transitioning of these youth
Dupre                        Jones, CD              Ullo                  based upon the health, safety, and best interests of each child and the
Ellington                    Lambert                                      protection and public safety of society. The comprehensive plan:
 Total—35                                                                       (a) Shall include a specific plan for provision of aftercare
                               NAYS                                       services to meet the needs of juveniles for whom release to the
                                                                          community is recommended and to provide for safety to the
 Total—0                                                                  community.
                              ABSENT                                            (b) Shall include a specific date after which youths adjudicated
                                                                          delinquent and committed to the department shall no longer be
Cain                         Tarver                                       assigned or reassigned to Swanson Correctional Center for Youth-
Irons                        Thomas                                       Madison Parish Unit.
 Total—4                                                                        (c) Shall include a recommendation by which monies used to
                                                                          fund the operation of Swanson Correctional Center for Youth-
     The Chair declared the amendments proposed by the House were         Madison Parish Unit can be used for the creation and maintenance of
concurred in. Senator Thomas moved to reconsider the vote by              a continuum of community-based treatment and supervision
which the amendments were concurred in and laid the motion on the         programs for youth within the Louisiana juvenile justice system.
table.                                                                          (d) May include recommendations for an alternative use of the
                                                                          facility and property of the former Swanson Correctional Center for
SENATE BILL NO. 963—                                                      Youth-Madison Parish Unit.
     BY SENATORS CRAVINS, MICHOT, IRONS AND HOLDEN AND                          (2) The secretary of the department shall submit the plan on or
     REPRESENTATIVES K. CARTER, GLOVER, GUILLORY, M. JACKSON
     AND MORRELL                                                          before August 1, 2003, to the governor, to the Joint Legislative
                             AN ACT                                       Committee on the Budget, and to the Juvenile Justice Reform Act
To enact R.S. 15:902.2, relative to juvenile institutions; to provide     Implementation Commission created by R.S. 46:2751 et seq.
    for the closure of Swanson Correctional Center for Youth-                   (3) Beginning on August 1, 2003, and every month thereafter
    Madison Parish Unit; to require the Department of Public Safety       until such time as Swanson Correctional Center for Youth-Madison
    and Corrections to develop a plan for closure of the facility and     Parish Unit is discontinued as a juvenile facility, the department shall
    placement of the youth confined at the facility; to provide for an    submit to the Juvenile Justice Reform Act Implementation
    effective date; and to provide for related matters.                   Commission a status report detailing:
                                                                                (a) The total number of youths in the facility.
    The bill was read by title. Returned from the House of                      (b) The number of youths transitioned out of the facility and the
Representatives with the following amendments:                            facility to which the child was transferred.
                                                                                (c) The number of youths, if any, placed in the facility, and the
            HOUSE COMMITTEE AMENDMENTS                                    reason for this placement as opposed to placement in another juvenile
                                                                          facility, subject to applicable confidentiality requirements.
Amendments proposed by House Committee on Administration of                     (d) Other information requested by the commission.
Criminal Justice to Re-reengrossed Senate Bill No. 963 by Senator               C.     The Juvenile Justice Reform Act Implementation
Cravins, et al                                                            Commission shall make recommendations to the governor and
                                                                          legislature, including the Joint Legislative Committee on the Budget,
AMENDMENT NO. 1                                                           prior to the 2004 Regular Session of the Legislature, regarding
On page 1, line 2, change "R.S. 15:902.2," to "R.S. 15:902.2 and          suggested executive action or required legislation and funding for
902.3,"                                                                   juvenile justice services, facilities, and personnel.

AMENDMENT NO. 2                                                           AMENDMENT NO. 5
On page 1, line 6, after "facility;" and before "to provide for" insert   Delete page 2 in its entirety and in lieu thereof insert the following:
"to create a juvenile placement review process;"                          §902.3. Juvenile placement review process
                                                                               A. The legislature hereby finds that in order to improve our
AMENDMENT NO. 3                                                           juvenile justice system it is necessary that every juvenile in the
On page 1, line 9, "R.S. 15:902.2 is" to "R.S. 15:902.2 and 902.3 are"    custody of the Department of Public Safety and Corrections be
                                                                          reviewed periodically in order to determine whether the juvenile is
AMENDMENT NO. 4                                                           placed in the least restrictive placement most appropriate to their
On page 1, delete lines 13 through 15 in their entirety and in lieu       needs and consistent with the circumstances of the case and the
thereof insert the following:                                             protection of the best interests of society and the safety of the public
                                                                          within the state. In order to facilitate the transition of the Swanson
      A.(1) By December 31, 2004, the Swanson Correctional Center         Correctional Center for Youth-Madison Parish Unit to alternate adult
for Youth-Madison Parish Unit at Tallulah, Louisiana shall no longer      offender utilization as provided in R.S. 15:902.2, the provisions of
be used as a juvenile facility.                                           this Section shall be applicable.
      (2) Notwithstanding any provision of Paragraph (A)(1) of this            B. The placement review shall be conducted by the department
Subsection, the governor by executive order and upon a declaration        through such multi-disciplinary review panel as the secretary of the
that there is a public safety emergency which necessitates the use of     department shall designate. This placement review shall include an
Swanson Correctional Center for Youth-Madison Parish Unit as a            assessment of the needs and progress of the individual juvenile, the
juvenile facility may extend the closure date by a period not to exceed   risk of danger to society, and the community resources needed to
five months from the date of issuance of the declaration of               serve the best interest of the child and society and a recommendation
emergency. Under no circumstances shall Swanson Correctional              for placement and services.
46th DAY'S PROCEEDINGS                                                                                    Page 29 SENATE
                                                                                                                            June 20, 2003
      C. The secretary of the department shall establish and                "Savings" and insert in lieu thereof "The executive budget submitted
promulgate rules, regulations, and procedures to govern the                 annually by the governor shall provide that savings"
placement review process. Such rules shall include provisions for the
department to notify appropriate law enforcement communities and                            HOUSE FLOOR AMENDMENTS
any registered crime victim of the placement review recommendation
at the time the recommendation is provided to the judge.                    Amendments proposed by Representative DeWitt to Re-reengrossed
      D. When the assessment results in a determination that the            Senate Bill No. 963 by Senator Cravins
juvenile be transferred to a less restrictive setting, including but not
limited to release pursuant to R.S. 15:906 or transfer pursuant to R.S.     AMENDMENT NO. 1
15:907, the department shall develop recommendations for                    On page 3, line 9, change "2003" to "2005"
placement, care, and treatment in accordance with the assessment.
      E. If the recommendation includes placement in a less restrictive          Senator Cravins moved to reject the amendments proposed by
setting, the department shall file a motion with the court and serve a      the House.
copy of the motion on the district attorney in accordance with
Children's Code Article 911. The motion shall include all of the                                      ROLL CALL
following:
      (1) The recommendation of the department.                                  The roll was called with the following result:
      (2) All relevant documentation supporting the recommendation
including but not limited to the needs and risk assessments.                                                YEAS
      (3) An aftercare plan developed by the department when the
recommendation is for release pursuant to R.S. 15:906.                      Mr. President                Fields                   Malone
      F. The recommendations shall be implemented by the                    Adley                        Fontenot                 Marionneaux
department unless the court, within fourteen legal days of receipt of       Bajoie                       Gautreaux                McPherson
the motion and accompanying documentation does any one of the               Barham                       Heitmeier                Michot
following:                                                                  Bean                         Hines                    Mount
      (1) Rejects the recommendations and denies the motion.                Boissiere                    Holden                   Romero
      (2) Notifies the department in writing that there is no objection     Cain                         Hollis                   Schedler
and the recommendations have been accepted as orders of the court.          Chaisson                     Hoyt                     Smith
      (3) Schedules a hearing and issues an order rejecting or              Cravins                      Johnson                  Theunissen
modifying the recommendations of the department.                            Dardenne                     Jones, B                 Thomas
      G. Juveniles adjudicated delinquent and given a disposition           Dean                         Jones, CD                Ullo
under the provisions of Children's Code Article 897.1 shall not be          Dupre                        Lambert
eligible for consideration under the provisions of this Section.            Ellington                    Lentini
                                                                             Total—37
AMENDMENT NO. 6                                                                                             NAYS
On page 3, delete lines 1 through 8 in their entirety and in lieu thereof
insert the following:                                                        Total—0
      "Section 2.(A) Notwithstanding the provisions of this Act, for                                      ABSENT
as long as the state is obligated for debt service on the Swanson
Correctional Center for Youth-Madison Parish Unit (SCCY-MPU)                Irons                        Tarver
facility at Tallulah, Louisiana, the state shall provide alternative uses    Total—2
for the facility as a correctional facility.
      (B) Savings attributed to the reduction of services and                    The Chair declared the amendments proposed by the House were
employees otherwise needed at SCCY-MPU but for the transitioning            rejected. Senator Cravins moved to reconsider the vote by which the
of adjudicated juveniles pursuant to the provisions of Section 2 of         amendments were rejected and laid the motion on the table.
this Act, shall be used as follows:
      (1) To increase the availability of alternative programs for          SENATE BILL NO. 986—
adjudicated juveniles being served in the parishes of East Carroll,              BY SENATOR IRONS
West Carroll, Madison, Richland, and Tensas and for a community-                                           AN ACT
based system of care for adjudicated juveniles residing in those            To enact R.S. 11:3385.1(L), relative to the Firefighters' Pension and
parishes, through the funding of contract services programs in the              Relief Fund in the city of New Orleans; to authorize eligible
amount of forty percent of the savings, not to exceed three million             members to elect to participate in the Deferred Retirement
dollars, in order to offset the loss of services and jobs which would           Option Plan on a retroactive basis and receive a lump sum
have otherwise been required to provide juvenile services at SCCY-              benefit of up to five years based upon the value of the pension
MPU.                                                                            at the retroactive date selected; to provide for an effective date;
      (2) To increase the availability of a community-based system of           and to provide for related matters.
care for adjudicated juveniles in all other parishes through the
funding of contract services programs in an amount equal to the                 The bill was read by title. Returned from the House of
balance of the savings."                                                    Representatives with the following amendments:
                HOUSE FLOOR AMENDMENTS                                                  HOUSE COMMITTEE AMENDMENTS
Amendments proposed by Representatives Thompson, Hammett,                   Amendments proposed by House Committee on Retirement to
Hunter, and Landrieu to Re-reengrossed Senate Bill No. 963 by               Engrossed Senate Bill No. 986 by Senator Irons
Senator Cravins
                                                                            AMENDMENT NO. 1
AMENDMENT NO. 1                                                             On page 2, line 2, after "system," insert "who receives a career-ending
In House Committee Amendment No. 6 proposed by the House                    service injury while participating in the Deferred Retirement Option
Committee on Administration of Criminal Justice and adopted by the          Plan,"
House of Representatives on June 9, 2003, on line 44, delete
Page 30 SENATE                                                                                46th DAY'S PROCEEDINGS
June 20, 2003
     Senator Boissiere moved to concur in the amendments proposed           On page 1, line 15, after "this" and before "regarding" change "law"
by the House.                                                               to "Part"

                           ROLL CALL                                        AMENDMENT NO. 5
                                                                            On page 2, delete lines 2 through 7 and insert:
     The roll was called with the following result:                              "(1) All elected officials.
                                                                                 (2) The parish treasurer.
                                YEAS                                             (3) The parish administrator.
                                                                                 (4) Members of advisory boards and political subdivisions
Mr. President                 Fields                 Malone                 created by the police jury and their employees.
Adley                         Fontenot               Marionneaux                 (5) Organizations and their employees and other persons who
Bajoie                        Gautreaux              McPherson              are employed by the parish on a contractual or part-time basis.
Barham                        Heitmeier              Michot                      (6) The parish attorney and his legal assistants.
Bean                          Hines                  Mount                       (7) The public works director.
Boissiere                     Holden                 Romero                      (8) The federal programs director.
Cain                          Hollis                 Schedler                    (9) The sales tax director.
Chaisson                      Hoyt                   Smith                       (10) The parish secretary.
Cravins                       Johnson                Theunissen                  (11) Parish firefighters.
Dardenne                      Jones, B               Thomas                      (12) Any other employee expressly forbidden from participation
Dean                          Jones, CD              Ullo                   in a civil service system by the constitution or statute.
Dupre                         Lambert                                            B. The civil service board may provide by rule that additional
Ellington                     Lentini                                       positions shall not be subject to the provisions of this Part regarding
 Total—37                                                                   appointment, promotion, and dismissal; however, the board shall not
                                NAYS                                        add more than one position per calendar year to the positions
                                                                            excepted from such provisions and any such changes shall be subject
 Total—0                                                                    to the approval of the police jury by two thirds vote.
                               ABSENT                                            B.C. The appointment and dismissal of parish employees
                                                                            subject to this Part shall be made by the police jury, or its designee,
Irons                         Tarver                                        and shall be subject to the provisions of this Part."
 Total—2
                                                                                Senator McPherson moved to concur in the amendments
     The Chair declared the amendments proposed by the House were           proposed by the House.
concurred in. Senator Boissiere moved to reconsider the vote by
which the amendments were concurred in and laid the motion on the                                     ROLL CALL
table.
                                                                                 The roll was called with the following result:
SENATE BILL NO. 1008—
     BY SENATOR MCPHERSON                                                                                   YEAS
                            AN ACT
To enact R.S. 33:2451(A)(13) and (14), relative to the civil service        Mr. President                Fields                   Lentini
    system and personnel administration in Rapides Parish; to               Adley                        Fontenot                 Malone
    exempt certain program director positions from the civil service        Bajoie                       Gautreaux                Marionneaux
    system; and to provide for related matters.                             Barham                       Heitmeier                McPherson
                                                                            Bean                         Hines                    Michot
    The bill was read by title. Returned from the House of                  Boissiere                    Holden                   Mount
Representatives with the following amendments:                              Cain                         Hollis                   Romero
                                                                            Chaisson                     Hoyt                     Schedler
                HOUSE FLOOR AMENDMENTS                                      Dardenne                     Johnson                  Smith
                                                                            Dean                         Jones, B                 Theunissen
Amendments proposed by Representative Farrar to Engrossed Senate            Dupre                        Jones, CD                Thomas
Bill No. 1008 by Senator McPherson                                          Ellington                    Lambert                  Ullo
                                                                             Total—36
AMENDMENT NO. 1                                                                                            NAYS
On page 1, line 2, after "To" and before "relative" delete "enact R.S.
33:2451(A)(13) and (14)," and insert in lieu thereof "amend and              Total—0
reenact R.S. 33:2451,"                                                                                    ABSENT
AMENDMENT NO. 2                                                             Cravins                      Irons                    Tarver
On page 1, line 3, after "Rapides Parish; to" delete the remainder of        Total—3
the line and on line 4, delete "director positions from the civil service
system;" and insert in lieu thereof "authorize the civil service board,          The Chair declared the amendments proposed by the House were
by rule, to exempt positions from provisions of law regarding               concurred in. Senator McPherson moved to reconsider the vote by
appointment, promotion, and dismissal; to provide limitations;"             which the amendments were concurred in and laid the motion on the
                                                                            table.
AMENDMENT NO. 3
On page 1, line 8, after "Section 1." change "R.S. 33:2451(A)(13) and       SENATE BILL NO. 1064—
(14) are hereby enacted" to "R.S. 33:2451 is hereby amended and                  BY SENATOR MARIONNEAUX
reenacted"                                                                                             AN ACT
                                                                            To enact R.S. 13:2488.62(E), relative to the City Court of
AMENDMENT NO. 4                                                                Plaquemine; to authorize the court to assess a fee to be used for
                                                                               substance abuse treatment; and to provide for related matters.
46th DAY'S PROCEEDINGS                                                                                    Page 31 SENATE
                                                                                                                             June 20, 2003
    The bill was read by title. Returned from the House of                 amount not to exceed what is necessary to pay for the cost of or part
Representatives with the following amendments:                             of the cost of the defendant's participation in a treatment program as
                                                                           defined in R.S. 13:5303(9).
                HOUSE FLOOR AMENDMENTS                                          B. A judge of the drug division shall cause to be conducted
                                                                           annually an audit of the account and the books and accounts relating
Amendments proposed by Representatives Devillier and Cazayoux to           thereto and shall file the audit with the office of the legislative auditor
Reengrossed Senate Bill No. 1064 by Senator Marionneaux                    where it shall be available for public inspection.
                                                                                                        *       *       *
AMENDMENT NO. 1                                                            §2488.62. Compensation of judge, marshal, clerk, and deputy clerk;
On page 1, after "To" and before "enact" insert "amend and reenact              collection and disposition of fines, forfeitures, and costs
R.S. 13:2488.62(A)(C)(2) and to"                                                                       *       *        *"
AMENDMENT NO. 2                                                            AMENDMENT NO. 7
After "Section 1." and before "R.S." insert "R.S. 13:2488.62(A)(C)(2)      On page 1, line 9, change "violations," to "convictions;"
is hereby amended and reenacted and"
                                                                                           HOUSE FLOOR AMENDMENTS
AMENDMENT NO. 3
On page 1, between lines 7 and 8, insert the following:                    Amendments proposed by Representative Faucheux to Reengrossed
                                                                           Senate Bill No. 1064 by Senator Marionneaux
"§2488.62 Compensation of judge, marshall, clerk and deputy clerk;
     collection and disposition of fines, forfeitures, and costs           AMENDMENT NO. 1
                           *       *       *                               Delete House Committee Amendments Nos. 1 through 5 proposed by
     C.                                                                    the House Committee on Judiciary and adopted by the House of
                           *       *       *                               Representatives on June 19, 2003.
     (2) The salary of the public defender shall may be fixed by the
judge of the court and shall may be paid out of the court costs            AMENDMENT NO. 2
assessed for the public defender, except that the public defender shall    On page 1, line 2, after "enact" delete the remainder of the line in its
receive a minimum salary of five hundred dollars per month. Such           entirety and insert in lieu thereof "R.S. 13:587.3, 1000.6, and
court costs shall not exceed seventeen dollars and fifty cents thirty      2488.62(E), relative to courts; to authorize the judges in the
dollars for each misdemeanor violation.                                    Nineteenth Judicial District by court rule to assign matters to be
                           *       *      *"                               heard by specified divisions; to authorize the assessment of an
                                                                           additional fee for convictions in the drug division of the Nineteenth
            HOUSE COMMITTEE AMENDMENTS                                     Judicial District Court; to provide that the additional fee shall be used
                                                                           for the cost of treatment programs; to provide for auditing of the fees;
Amendments proposed by House Committee on Judiciary to                     and to authorize the City Court of Plaquemine"
Reengrossed Senate Bill No. 1064 by Senator Marionneaux
                                                                           AMENDMENT NO. 3
AMENDMENT NO. 1                                                            On page 1, at the beginning of line 3, delete "authorize the court"
On page 1, line 2, after "enact" and before the comma "," delete "R.S.
13:2488.62(E)" and insert in lieu thereof "R.S. 13:1000.6 and              AMENDMENT NO. 4
2488.62(E)"                                                                On page 1, line 7, after "Section 1." and before "hereby" delete "R.S.
                                                                           13:2488.62(E)" and insert in lieu thereof "R.S. 13:587.3, 1000.6, and
AMENDMENT NO. 2                                                            2488.62(E) are"
On page 1, line 2, after "the" and before "City" insert "drug division
of the Nineteenth Judicial District Court and the"                         AMENDMENT NO. 5
                                                                           In House Committee Amendment No. 6 proposed by the House
AMENDMENT NO. 3                                                            Committee on Judiciary and adopted by the House of Representatives
On page 1, line 2, after "Plaquemine;" and before "to" insert "to          on June 19, 2003, on page 1, between lines 21 and 22 insert the
authorize the assessment of an additional fee for convictions in the       following:
drug division of the Nineteenth Judicial District Court; to provide that   "§587.3. Nineteenth Judicial District; divisions; subject matter
the additional fee shall be used for the cost of treatment programs; to         A. Respecting seniority and the requirement that all cases be
provide for auditing of the fees;"                                         assigned randomly within multi-judge groupings, the judges of the
                                                                           Nineteenth Judicial District Court, by rule adopted by a majority vote
AMENDMENT NO. 4                                                            of the judges sitting en banc, with the consent of the judge of a
On page 1, line 3, after "the" and before "to" delete "court" and insert   division, may assign to that division criminal matters or civil matters
in lieu thereof "City Court of Plaquemine"                                 or drug court matters or any or all types of matters of which the court
                                                                           has jurisdiction.
AMENDMENT NO. 5                                                                 B. Notwithstanding any principal assignments to divisions, all
On page 1, line 7, after "Section 1." and before "hereby" delete "R.S.     divisions of the court shall retain general jurisdiction to hear all
13:2488.62(E) is" and insert in lieu thereof "R.S. 13:1000.6 and           matters.
2488.62(E) are"                                                                                      *        *       *"
AMENDMENT NO. 6                                                                 Senator Marionneaux moved to reject the amendments proposed
On page 1, between lines 7 and 8, insert the following:                    by the House.
"R.S. 13:1000.6 is all proposed new law.
"§1000.6. Nineteenth Judicial District Court, drug division;                                          ROLL CALL
     additional fees for treatment programs
     A. In all criminal cases of which the drug division of the                 The roll was called with the following result:
Nineteenth Judicial District Court has jurisdiction, there may be
assessed as an additional fee against every defendant who is                                                YEAS
convicted after trial or who pleads guilty or forfeits bond a sum in an
Page 32 SENATE                                                                               46th DAY'S PROCEEDINGS
June 20, 2003
Mr. President                Ellington               Lambert              AMENDMENT NO. 6
Adley                        Fields                  Lentini              On page 1, at the beginning of line 14, change "dealer" to "dealers"
Bajoie                       Fontenot                Malone
Barham                       Gautreaux               Marionneaux          AMENDMENT NO. 7
Bean                         Heitmeier               McPherson            On page 1, at the end of line 14, delete "a"
Boissiere                    Hines                   Michot
Cain                         Holden                  Mount                AMENDMENT NO. 8
Chaisson                     Hollis                  Romero               On page 1, at the beginning of line 15, change "broker-dealer" to
Cravins                      Hoyt                    Schedler             "broker-dealers"
Dardenne                     Johnson                 Smith
Dean                         Jones, B                Theunissen           AMENDMENT NO. 9
Dupre                        Jones, CD               Ullo                 On page 1, line 15, after "who" and before "been" change "has" to
 Total—36                                                                 "have"
                               NAYS
                                                                          AMENDMENT NO. 10
 Total—0                                                                  On page 2, line 1, after "years;" insert "to provide for interim cost
                              ABSENT                                      analyses on the results of the pilot program; to provide a sunset date
                                                                          for the pilot program;"
Irons                        Tarver                  Thomas
 Total—3                                                                  AMENDMENT NO. 11
                                                                          On page 2, line 13, after "11:268" delete the period "." and insert "so
     The Chair declared the amendments proposed by the House were         long as such investment otherwise complies with the provisions of
rejected. Senator Marionneaux moved to reconsider the vote by             this Section."
which the amendments were rejected and laid the motion on the table.
                                                                          AMENDMENT NO. 12
SENATE BILL NO. 1076—                                                     On page 2, line 21, after "all" delete the remainder of the line and
     BY SENATOR BOISSIERE                                                 delete lines 22 and 23 in their entirety and insert in lieu thereof:
                              AN ACT                                      "trades of listed equity and fixed income separately managed
To enact R.S. 11:263(F), 266.1 and 268, relative to Louisiana state       accounts through broker-dealers who maintain offices in Louisiana
    public retirement or pension systems, funds, and plans; to direct     and ten percent of all trades of listed equity and fixed income
    the governing authorities of the state public retirement or           separately managed accounts through broker-dealers who have"
    pension systems, funds, and plans to prepare a policy wherein
    the system, fund or plan shall propose how it intends to invest       AMENDMENT NO. 13
    in small and emerging businesses, venture capital firms, and in-      On page 2, line 25, after "who" change "is" to "are"
    state money management firms; to direct the governing
    authorities of the state public retirement or pension systems,        AMENDMENT NO. 14
    funds, and plans to prepare a policy wherein the system, fund or      On page 2, line 26, after "Dealers" insert a comma ","
    plan shall propose how it intends to use in or out-of-state
    emerging businesses, money managers, and venture capital              AMENDMENT NO. 15
    firms; to require each Louisiana state public retirement or           On page 3, between lines 4 and 5, insert:
    pension system, fund, or plan to direct at least ten percent of all        "D. The provisions of this Section shall be implemented as a
    investment trades through a broker-dealer who maintains an            temporary pilot program and shall be null, void, and of no effect after
    office in Louisiana and ten percent through a broker-dealer who       June 30, 2005. An interim cost analysis of the provisions of this
    has been incorporated and domiciled in Louisiana for at least         Section shall be performed by the systems and shall be presented to
    two years; to provide for an effective date; and to provide for       the speaker of the House of Representatives, the president of the
    related matters.                                                      Senate, the chairmen of the House of Representatives and Senate
                                                                          committees on retirement, the Public Retirement Systems' Actuarial
    The bill was read by title. Returned from the House of                Committee, and the Commission on Public Retirement at least
Representatives with the following amendments:                            fourteen days before the convening of the regular legislative session
                                                                          in 2005."
            HOUSE COMMITTEE AMENDMENTS
                                                                          AMENDMENT NO. 16
Amendments proposed by House Committee on Retirement to Re-               On page 3, delete line 21 in its entirety and insert in lieu thereof "the
reengrossed Senate Bill No. 1076 by Senator Boissiere                     state public retirement or pension systems, funds, or plans; however,
                                                                          the"
AMENDMENT NO. 1
On page 1, line 5, after "fund" insert a comma ","                        AMENDMENT NO. 17
                                                                          On page 4, line 17, after "indirectly" insert a comma ","
AMENDMENT NO. 2
On page 1, line 9, after "fund" insert a comma ","                        AMENDMENT NO. 18
                                                                          On page 4, line 21, after "fund," change "and" to "or"
AMENDMENT NO. 3
On page 1, line 10, change "in" to "in-state"                             AMENDMENT NO. 19
                                                                          On page 4, at the beginning of line 25, change "Section 2." to "F."
AMENDMENT NO. 4
On page 1, line 11, delete "to require" and insert in lieu thereof "to    AMENDMENT NO. 20
provide for a two-year pilot program, requiring"                          On page 5, line 1, after "Senate" delete the remainder of the line and
                                                                          insert "and House of Representatives committees on retirement on"
AMENDMENT NO. 5
On page 1, line 13, after "through" delete "a"                            AMENDMENT NO. 21
46th DAY'S PROCEEDINGS                                                                                  Page 33 SENATE
                                                                                                                           June 20, 2003
On page 5, at the beginning of line 5, delete "are either" and insert in   Amendments proposed by Representative Damico to Reengrossed
lieu thereof "either have been"                                            Senate Bill No. 1080 by Senator Ellington
AMENDMENT NO. 22                                                           AMENDMENT NO. 1
On page 5, at the beginning of line 6, delete "maintains an office" and    On page 1, line 2, after "(7)" delete the comma "," and insert "and to
insert in lieu thereof "maintain offices"                                  enact R.S. 36:104(B)(8),"
AMENDMENT NO. 23                                                           AMENDMENT NO. 2
On page 5, line 7, change "in" to "in-state"                               On page 1, line 4, after "Louisiana;" insert "to provide for agreements
                                                                           between the Departments of Environmental Quality and Economic
AMENDMENT NO. 24                                                           Development;"
On page 5, between lines 7 and 8, insert:
     "G. The provisions of this Section shall be null, void, and of no     AMENDMENT NO. 3
effect after June 30, 2005.                                                On page 3, at the end of line 6, insert the following: "The
     Section 2. The pilot program established by this Act shall not        department shall make recommendations to the House Committee
be extended unless and until the House of Representatives and Senate       on the Environment and Senate Committee on Environmental
committees on retirement meeting jointly, the Public Retirement            Quality for tax credits to encourage the development and
Systems' Actuarial Committee, and the Commission on Public                 implementation of technologies utilizing used and recycled tire
Retirement have held public meetings to discuss the cost analysis of       rubber."
the systems and the legislature extends the provisions of this Act by
legislative enactment."                                                    AMENDMENT NO. 4
                                                                           On page 3, after line 14, insert the following:
     Senator Boissiere moved to concur in the amendments proposed               "Section 2. R.S. 36:104(B)(8) is hereby enacted to read as
by the House.                                                              follows:
                                                                           §104. Powers and duties of the secretary of economic development
                          ROLL CALL                                                                   *       *       *
                                                                                B. The secretary shall have the authority to:
     The roll was called with the following result:                                                   *       *       *
                                                                           R.S. 36:104(B)(8) is all proposed new law.
                                YEAS                                            (8) Enter into interagency or cooperative agreements with the
                                                                           Department of Environmental Quality to explore and develop markets
Mr. President                Ellington               Lambert               and technologies for used or recycled tire rubber that will assist and
Adley                        Fields                  Lentini               enable the development of Louisiana businesses."
Bajoie                       Fontenot                Malone
Barham                       Gautreaux               Marionneaux                Senator Ellington moved to concur in the amendments proposed
Bean                         Heitmeier               McPherson             by the House.
Boissiere                    Hines                   Michot
Cain                         Holden                  Mount                                           ROLL CALL
Chaisson                     Hollis                  Romero
Cravins                      Hoyt                    Schedler                   The roll was called with the following result:
Dardenne                     Johnson                 Smith
Dean                         Jones, B                Theunissen                                            YEAS
Dupre                        Jones, CD               Ullo
 Total—36                                                                  Mr. President                Fields                   Malone
                                NAYS                                       Adley                        Fontenot                 Marionneaux
                                                                           Bajoie                       Gautreaux                McPherson
 Total—0                                                                   Barham                       Heitmeier                Michot
                              ABSENT                                       Bean                         Hines                    Mount
                                                                           Boissiere                    Holden                   Romero
Irons                        Tarver                  Thomas                Cain                         Hollis                   Schedler
 Total—3                                                                   Chaisson                     Hoyt                     Smith
                                                                           Cravins                      Johnson                  Theunissen
     The Chair declared the amendments proposed by the House were          Dardenne                     Jones, B                 Thomas
concurred in. Senator Boissiere moved to reconsider the vote by            Dean                         Jones, CD                Ullo
which the amendments were concurred in and laid the motion on the          Dupre                        Lambert
table.                                                                     Ellington                    Lentini
                                                                            Total—37
SENATE BILL NO. 1080—                                                                                     NAYS
     BY SENATOR ELLINGTON
                               AN ACT                                       Total—0
To amend and reenact R.S. 30:2418(G) and (H)(3) and (7), relative                                        ABSENT
    to waste tires; to provide for the disbursement of funds from the
    waste tire fund; to prohibit incentives for tires processed outside    Irons                        Tarver
    of Louisiana; and to provide for related matters.                       Total—2
    The bill was read by title. Returned from the House of                      The Chair declared the amendments proposed by the House were
Representatives with the following amendments:                             concurred in. Senator Ellington moved to reconsider the vote by
                                                                           which the amendments were concurred in and laid the motion on the
                HOUSE FLOOR AMENDMENTS                                     table.
Page 34 SENATE                                                                               46th DAY'S PROCEEDINGS
June 20, 2003
SENATE BILL NO. 1094—                                                          membership of the board; to authorize the issuance of bonds; to
     BY SENATOR THOMAS                                                         require voter approval prior to the imposition of any tax or
                            AN ACT                                             issuance of any bonded indebtedness; and to provide for related
To enact R.S. 42:1119(B)(2)(a)(iii), relative to ethics; to permit an          matters.
    electrician who is the immediate family member of a school
    board member to be employed in the parish of that member; to               The bill was read by title. Returned from the House of
    provide that the exception shall only apply in parishes with a         Representatives with the following amendments:
    certain student enrollment population; to provide that the
    immediate family member of the school board member shall be                            HOUSE FLOOR AMENDMENTS
    an experienced electrician; to provide that a school board
    member shall recuse himself from voting on matters which               Amendments proposed by Representative R. Carter to Reengrossed
    involve promotion or assignments of such immediate family              Senate Bill No. 1101 by Senator Holden and Representative Broome
    member; and to provide for related matters.
                                                                           AMENDMENT NO. 1
    The bill was read by title. Returned from the House of                 On page 2, at the end of line 11, insert the following: "However, the
Representatives with the following amendments:                             district shall not include any parish with a population of less than
                                                                           fifteen thousand persons based on the latest federal decennial
            HOUSE COMMITTEE AMENDMENTS                                     census."
Amendments proposed by House Committee on House and                                        HOUSE FLOOR AMENDMENTS
Governmental Affairs to Engrossed Senate Bill No. 1094 by Senator
Thomas                                                                     Amendments proposed by Representative McVea to Reengrossed
                                                                           Senate Bill No. 1101 by Senator Holden and Representative Broome
AMENDMENT NO. 1
On page 2, line 7, delete "forty-six hundred" and insert "four             AMENDMENT NO. 1
thousand nine hundred fifty"                                               Delete House Floor Amendment No. 1 proposed by Representative
                                                                           R. Carter and adopted by the House on June 19, 2003.
     Senator Thomas moved to concur in the amendments proposed
by the House.                                                              AMENDMENT NO. 2
                                                                           On page 2, at the end of line 11, insert the following: "However, the
                          ROLL CALL                                        district shall not include any parish with a population of less than
                                                                           fifteen thousand persons or any parish with a population of not more
     The roll was called with the following result:                        than twenty-one thousand five hundred and not less than seventeen
                                                                           thousand five hundred persons based on the latest federal decennial
                                YEAS                                       census."
Mr. President                Ellington               Lambert                    Senator Holden moved to reject the amendments proposed by
Adley                        Fields                  Lentini               the House.
Bajoie                       Fontenot                Malone
Barham                       Gautreaux               McPherson                                      ROLL CALL
Bean                         Heitmeier               Michot
Boissiere                    Hines                   Mount                     The roll was called with the following result:
Cain                         Holden                  Romero
Chaisson                     Hollis                  Schedler                                             YEAS
Cravins                      Hoyt                    Smith
Dardenne                     Johnson                 Theunissen            Mr. President               Fields                   Lentini
Dean                         Jones, B                Thomas                Adley                       Fontenot                 Malone
Dupre                        Jones, CD               Ullo                  Bajoie                      Gautreaux                Marionneaux
 Total—36                                                                  Barham                      Heitmeier                McPherson
                                NAYS                                       Bean                        Hines                    Michot
                                                                           Cain                        Holden                   Mount
 Total—0                                                                   Chaisson                    Hollis                   Romero
                              ABSENT                                       Cravins                     Hoyt                     Schedler
                                                                           Dardenne                    Johnson                  Smith
Irons                        Marionneaux             Tarver                Dean                        Jones, B                 Theunissen
 Total—3                                                                   Dupre                       Jones, CD                Ullo
                                                                           Ellington                   Lambert
     The Chair declared the amendments proposed by the House were           Total—35
concurred in. Senator Thomas moved to reconsider the vote by                                              NAYS
which the amendments were concurred in and laid the motion on the
table.                                                                      Total—0
                                                                                                        ABSENT
SENATE BILL NO. 1101—
     BY SENATOR HOLDEN AND REPRESENTATIVE WESTON-BROOME
                                                                           Boissiere                   Tarver
                               AN ACT                                      Irons                       Thomas
To enact Part IV of Chapter 10 of Title 46 of the Louisiana Revised         Total—4
     Statutes of 1950, to be comprised of R.S. 46:1091 through 1093,
     relative to hospital service districts; to create a parish hospital        The Chair declared the amendments proposed by the House were
     service district in certain parishes and provide for the powers,      rejected. Senator Holden moved to reconsider the vote by which the
     duties, functions, and responsibilities of the district; to provide   amendments were rejected and laid the motion on the table.
     for a governing board of commissioners of each district and for
46th DAY'S PROCEEDINGS                                                                                   Page 35 SENATE
                                                                                                                           June 20, 2003
SENATE BILL NO. 1110—                                                      found to be due and all reasonable attorney fees for the prosecution
     BY SENATOR BOISSIERE                                                  and collection of such amount.
                              AN ACT                                                                 *     *       *"
To enact Part I-B of Chapter 1 of Title 22 of the Louisiana Revised
    Statutes of 1950, to be comprised of R.S. 22:25.1 through 25.2,             Senator Boissiere moved to concur in the amendments proposed
    relative to motor vehicle insurance; to authorize creation of a        by the House.
    database to determine compliance with the Motor Vehicle Safety
    Responsibility Law; to provide for procurement of a system to                                    ROLL CALL
    track compliance; to provide for enforcement; and to provide for
    related matters.                                                            The roll was called with the following result:
    The bill was read by title. Returned from the House of                                                 YEAS
Representatives with the following amendments:
                                                                           Mr. President                Ellington                Malone
            HOUSE COMMITTEE AMENDMENTS                                     Adley                        Fields                   Marionneaux
                                                                           Bajoie                       Fontenot                 McPherson
Amendments proposed by House Committee on Insurance to                     Barham                       Gautreaux                Michot
Engrossed Senate Bill No. 1110 by Senator Boissiere                        Bean                         Holden                   Mount
                                                                           Boissiere                    Hollis                   Romero
AMENDMENT NO. 1                                                            Cain                         Hoyt                     Smith
On page 2, delete lines 19 through 22, both inclusive and in their         Chaisson                     Johnson                  Theunissen
entirety.                                                                  Cravins                      Jones, B                 Thomas
                                                                           Dardenne                     Jones, CD                Ullo
AMENDMENT NO. 2                                                            Dean                         Lambert
On page 2, line 23 change "shall' to "may"                                 Dupre                        Lentini
                                                                            Total—34
                HOUSE FLOOR AMENDMENTS                                                                     NAYS
Amendments proposed by Representative R. Carter to Engrossed                Total—0
Senate Bill No. 1110 by Senator Boissiere                                                                ABSENT
AMENDMENT NO. 1                                                            Heitmeier                    Irons                    Tarver
On page 1, line 2, after "To" insert "amend and reenact R.S.               Hines                        Schedler
22:658(A)(4) and (B)(1) and to"                                             Total—5
AMENDMENT NO. 2                                                                 The Chair declared the amendments proposed by the House were
On page 1, line 4, after "insurance;" insert "to provide for penalties     concurred in. Senator Boissiere moved to reconsider the vote by
for failure to make a written offer to settle to third-party claimants;"   which the amendments were concurred in and laid the motion on the
                                                                           table.
AMENDMENT NO. 3
On page 1, line 9, after "1." insert "R.S. 22:658(A)(4) and (B)(1) are     SENATE BILL NO. 1119—
hereby amended and reenacted and"                                               BY SENATOR SCHEDLER
                                                                                                         AN ACT
AMENDMENT NO. 4                                                            To amend and reenact Sections 2 and 3 and to enact Section 1(C),
On page 4, after line 5, insert a line of asterisks " * * *" and the           Section 1.1, Section 2.1, and Section 9 of Act No. 180 of the
following:                                                                     1984 Regular Session of the Legislature, as amended by Act No.
 "§658. Payment and adjustment of claims, policies other than life             999 of the 1991 Regular Session of the Legislature, Act No. 570
      and health and accident; personal vehicle damage claims;                 of the 1992 Regular Session of the Legislature, and Act No. 440
      penalties; arson-related claims suspension                               of the 1997 Regular Session of the Legislature, relative to the St.
      A.                                                                       Tammany Parish Hospital Service Districts No. 1 and 2; to
                             *       *       *                                 abolish the current board of commissioners for St. Tammany
      (4) All insurers shall make a written offer to settle any property       Parish Hospital Service District No. 2 and to provide for the
damage claim, including a third-party claim, within thirty days after          appointment of a new board; to provide for a nominating
receipt of satisfactory proofs of loss of that claim.                          committee to nominate candidates to the appointing authorities;
      B.(1) Failure to make such payment within thirty days after              to provide for the qualifications for members of the board of
receipt of such satisfactory written proofs and demand therefor or             commissioners of the St. Tammany Parish Hospital Service
failure to make a written offer to settle any property damage claim,           District No. 2; to provide for terms of office for the nominating
including a third-party claim, within thirty days after receipt of             committee and the board of commissioners; to provide for
satisfactory proofs of loss of that claim, as provided in R.S.                 authority to levy a sales and use tax; and to provide for related
22:658(A)(1) Paragraphs (A)(1) and (4), respectively, or failure to            matters.
make such payment within thirty days after written agreement or
settlement as provided in R.S. 22:658(A)(2) Paragraph (A)(2), when             The bill was read by title. Returned from the House of
such failure is found to be arbitrary, capricious, or without probable     Representatives with the following amendments:
cause, shall subject the insurer to a penalty, in addition to the amount
of the loss, of ten twenty-five percent damages on the amount found                    HOUSE COMMITTEE AMENDMENTS
to be due from the insurer to the insured, or one thousand dollars,
whichever is greater, payable to the insured, or to any of said            Amendments proposed by House Committee on Municipal, Parochial
employees, together with all reasonable attorney fees for the              and Cultural Affairs to Reengrossed Senate Bill No. 1119 by Senator
prosecution and collection of such loss, or in the event a partial         Schedler
payment or tender has been made, ten twenty-five percent of the
difference between the amount paid or tendered and the amount              AMENDMENT NO. 1
Page 36 SENATE                                                                              46th DAY'S PROCEEDINGS
June 20, 2003
On page 1, line 2, after "reenact" change "Sections 2 and 3 and" to       AMENDMENT NO. 14
"the caption of Section 2 and Section 3(9)(b), (12), (13), and (20),"     On page 5, line 1, change "of this Act" to "of the Act"
AMENDMENT NO. 2                                                           AMENDMENT NO.15
On page 1, line 3, after "Section 2.1, and" delete "Section 9" and        On page 5, line 1, after "Bill" and before "of the" insert "No. 1119"
insert "Section 3(9)(c) and (d), and to repeal Section 2(B) and Section
3(14)"                                                                    AMENDMENT NO.16
                                                                          On page 5, line 4, after "(a)" change "Two" to "Three"
AMENDMENT NO. 3
On page 1, line 11, change "authorities;" to "authority;"                 AMENDMENT NO. 17
                                                                          On page 5, line 6, after "(b)" change "Two" to "Three"
AMENDMENT NO. 4
On page 1, line 15 after "commissioners;" delete "to provide for          AMENDMENT NO. 18
authority to levy a sales and use tax;"                                   On page 6, line 4 after "shall" insert "hold interviews in a public
                                                                          forum and as a result of the forum"
AMENDMENT NO. 5
On page 2, line 4, after "Section 1." change "Sections 2 and 3" to         AMENDMENT NO. 19
"The caption of Section 2 and Section 3(9)(b), (12), (13), and (20)"      On page 6, line 4, before "a list" insert "to the appointing authority
                                                                          provided for in this Subsection"
AMENDMENT NO. 6
On page 2, line 8, after "Section 1.1" and before "Section" delete        AMENDMENT NO. 20
"and" and insert a comma ","                                              On page 6, line 8, delete "need" and insert "shall"
AMENDMENT NO. 7                                                           AMENDMENT NO. 21
On page 2, at the beginning of line 9, after "2.1" insert a comma ","     On page 6, at the end of line 10, delete "chosen" and insert
and insert "and Section 3(9)(c) and (d) of said Act No. 180 of the        "appointed in a public forum by the appointing authority"
1984 Regular Session of the Legislature, as so amended,"
                                                                          AMENDMENT NO. 22
AMENDMENT NO. 8                                                           On page 6, line 11, after "of the list" delete the comma and insert a
On page 2, line 18, after "date of" and before "Act which" change         period.
"this" to "the"
                                                                          AMENDMENT NO. 23
AMENDMENT NO. 9                                                           On page 6, line 11, before "as" insert "The appointing authority shall
On page 2, line 19, after "Bill" and before "of the" insert "No. 1119"    be composed"
AMENDMENT NO. 10                                                          AMENDMENT NO. 24
On page 4, delete lines 2 and 3 in their entirety and insert the          On page 7, delete line 5 in its entirety and insert the following:
following: "Parish for not less than two years prior to appointment.      "Memorial Hospital medical staff shall be nominated and appointed
Seven members shall be appointed pursuant to Subsection B of this         as follows:"
Section and two shall be appointed pursuant to Subsection C of this
Section."                                                                 AMENDMENT NO. 25
                                                                          On page 7, line 13, change "board shall accept" to "appointing
AMENDMENT NO. 11                                                          authority shall appoint"
On page 4, delete line 12, and insert the following: "chosen by a
permanent nominating committee as provided in this Subsection. The        AMENDMENT NO. 26
entities appointing members of the nominating committee shall             On page 8, line 19, delete "of that member," and insert a comma ","
submit a copy of their initial appointments to the state senator
representing the majority of Wards 6, 7, 8, and 9 of St. Tammany          AMENDMENT NO. 27
Parish. Once the members of the nominating committee have been            On page 9, line 16, delete "respective"
appointed, the state senator representing the majority of Wards 6, 7,
8, and 9 of St. Tammany Parish shall call the initial meeting of the      AMENDMENT NO. 28
nominating committee within ten days after receipt of the                 On page 12, delete line 22 in its entirety and insert "(2) Members"
appointment of the ninth member of the committee."
                                                                          AMENDMENT NO. 29
AMENDMENT NO. 12                                                          On page 15, delete line 7
On page 4, line 13 after "shall be" insert "named within thirty days
after the effective date of this Subsection and when a board vacancy      AMENDMENT NO. 30
occurs and shall be"                                                      On page 15, at the beginning of line 10, delete "A."
AMENDMENT NO. 13                                                          AMENDMENT NO. 31
On page 4, delete lines 15 through 24 and insert the following:           On page 17, after line 21, delete the remainder of the page and delete
     "(a) Three persons appointed jointly by the mayor and the city       page 18 and on page 19, delete lines 1 through 13 and insert in lieu
council of Slidell.                                                       thereof:
     (b) Three persons appointed jointly by the parish president and           "Section 2. Section 2(B) and Section 3(14) of Act No. 180 of
the parish governing authority of St. Tammany Parish.                     the 1984 Regular Session of the Legislature, as amended by Act No.
     (c) Three persons appointed jointly by the legislative delegation    999 of the 1991 Regular Session of the Legislature, Act No. 570 of
comprised of all state representatives and senators who represent all     the 1992 Regular Session of the Legislature, and Act No. 440 of the
or part of Wards 6, 7, 8, or 9 of St. Tammany Parish. The legislative     1997 Regular Session of the Legislature, are hereby repealed in their
delegation shall choose among nominees of the Slidell Memorial            entirety."
Hospital medical staff."
                                                                          AMENDMENT NO. 32
46th DAY'S PROCEEDINGS                                                                                    Page 37 SENATE
                                                                                                                            June 20, 2003
On page 19, line 14, change "Section 2." to "Section 3."                    approval by a simple majority vote of the board. Outside counsel may
                                                                            be employed to represent
                HOUSE FLOOR AMENDMENTS
                                                                            AMENDMENT NO. 13
Amendments proposed by Representative Crowe to Reengrossed                  On page 17, between lines 21 and 22 insert the following:
Senate Bill No. 1119 by Senator Schedler                                         "Section 8.1. Sale of ownership or control of hospital
                                                                            Section 8.1 is all proposed new law.
AMENDMENT NO. 1                                                                  Notwithstanding any other law to the contrary, the board of
Delete House Committee Amendment Nos. 2 and 7 proposed by the               commissioners of St. Tammany Parish Hospital Service District No.
House Committee on Municipal, Parochial, and Cultural Affairs and           2 may sell to any person an ownership interest in the district hospital
adopted by the House of Representatives on June 2, 2003                     that results in the acquiring person holding a less than fifty percent
                                                                            interest in the ownership or control of the hospital. The provisions of
AMENDMENT NO. 2                                                             R.S. 33:4341 shall not apply to any sale pursuant to the authority
On page 1, line 3, after "Section 2.1," delete "and Section 9" and          granted in this Section."
insert "Section 3(9)(c) and (d), and Section 8.1, and to repeal Section
2(B) and Section 3(14)"                                                          Senator Schedler moved to concur in the amendments proposed
                                                                            by the House.
AMENDMENT NO. 3
On page 2, at the beginning of line 9, after "2.1" insert a comma ","                                 ROLL CALL
and insert "Section 3(9)(c) and (d), and Section 8.1 of said Act No.
180 of the 1984 Regular Session of the Legislature, as so amended,"              The roll was called with the following result:
AMENDMENT NO. 4                                                                                             YEAS
On page 4, line 1, after "8," delete "and" and insert "or"
                                                                            Mr. President                Fields                   Malone
AMENDMENT NO. 5                                                             Adley                        Fontenot                 Marionneaux
On page 6, line 17, after "the" delete "city government" and insert         Bajoie                       Gautreaux                McPherson
"governing authority of the town"                                           Barham                       Hines                    Michot
                                                                            Bean                         Holden                   Mount
AMENDMENT NO. 6                                                             Boissiere                    Hollis                   Romero
On page 6, line 21, after "commission" delete "should" and insert           Cain                         Hoyt                     Schedler
"shall"                                                                     Chaisson                     Johnson                  Smith
                                                                            Cravins                      Jones, B                 Theunissen
AMENDMENT NO. 7                                                             Dean                         Jones, CD                Thomas
On page 7, between lines 14 and 15 insert the following:                    Dupre                        Lambert                  Ullo
     "(3) Medical staff appointees shall be registered to vote in and       Ellington                    Lentini
residents and domiciliaries of St. Tammany Parish."                          Total—35
                                                                                                            NAYS
AMENDMENT NO. 8
On page 7, line 21 delete "thirty" and insert "fifty"                        Total—0
                                                                                                          ABSENT
AMENDMENT NO. 9
On page 15, line 1, delete "considering" and insert "taking into            Dardenne                     Irons
consideration"                                                              Heitmeier                    Tarver
                                                                             Total—4
AMENDMENT NO. 10
On page 15, line 5 delete "authorities" and insert "authority"                   The Chair declared the amendments proposed by the House were
                                                                            concurred in. Senator Schedler moved to reconsider the vote by
AMENDMENT NO. 11                                                            which the amendments were concurred in and laid the motion on the
On page 15, line 26 delete "continuing"                                     table.
AMENDMENT NO. 12                                                            SENATE BILL NO. 1132 (Substitute for Senate Bill No.
On page 16, delete lines 16 through 26 and insert the following:                                 1108)—
      "(14)(a) With respect to St. Tammany Parish Hospital Service               BY SENATORS HINES, FIELDS, BAJOIE, HOLDEN, B. JONES, MOUNT,
District No. 1 to employ legal counsel at a rate of compensation as it           SCHEDLER, CAIN, HOLLIS, JOHNSON, THOMAS, ULLO, BOISSIERE,
may determine to advise in all matters pertaining to the business of             CHAISSON, CRAVINS, DEAN, DUPRE, ELLINGTON, GAUTREAUX,
                                                                                 IRONS, LAMBERT, LENTINI, MARIONNEAUX, MCPHERSON, SMITH
the district and to perform such other functions with respect to the             AND THEUNISSEN
legal affairs of the district as the commission may direct.                                                AN ACT
      (b) With respect to St. Tammany Parish Hospital Service               To enact Part LVIII of Chapter 5 of Title 40 of the Louisiana Revised
District No. 2, to contract, only until December 31, 2004, with the              Statutes of 1950, to be comprised of R.S. 40:1300.191 through
district attorney, pursuant to R.S. 16:2(A), to act as legal counsel for         1300.196, relative to the Louisiana Senior Rx Program; to
the district to advise on all legal matters pertaining to the business of        provide definitions; to create the Louisiana Senior Rx Program;
the district and to perform such other functions with respect to the             to provide for eligibility; to provide for the responsibilities of
legal affairs of the district as the commission may direct. After                the office of elderly affairs within the governor's office; to
December 31, 2004, St. Tammany Parish Hospital Service District                  provide for annual reporting; and to provide for related matters.
No. 2 may employ legal counsel as determined by the board of
commissioners. However, at any time after the effective date of the             The bill was read by title. Returned from the House of
Act which originated as Senate Bill No. 1119 of the 2003 Regular            Representatives with the following amendments:
Session of the Legislature, the board of commissioners of the St.
Tammany Parish Hospital Service District No. 2 may, without                             HOUSE COMMITTEE AMENDMENTS
consultation with the district attorney, consult outside counsel with
Page 38 SENATE                                                                                46th DAY'S PROCEEDINGS
June 20, 2003
Amendments proposed by House Committee on Health and Welfare               Amendments proposed by House Committee on Civil Law and
to Reengrossed Senate Bill No. 1132 by Senator Hines                       Procedure to Reengrossed Senate Bill No. 684 by Senator Ullo
AMENDMENT NO. 1                                                            AMENDMENT NO. 1
On page 4, line 7, after "independent" and before "community" insert       On page 1, line 13, after "coroner" and before "his" change the
"and chain"                                                                comma "," to "or" and after "staff" insert a comma "," and before
                                                                           "law" delete "or" and insert "accompanied by a"
     Senator Hines moved to concur in the amendments proposed by
the House.                                                                 AMENDMENT NO. 2
                                                                           On page 2, at the end of line 2, before the period "." insert the
                          ROLL CALL                                        following: "after a mental health professional has intervened and
                                                                           attempted to counsel the person regarding his voluntary surrender"
     The roll was called with the following result:
                                                                           AMENDMENT NO. 3
                                YEAS                                       On page 2, line 3, after "coroner" and before "his" change the comma
                                                                           "," to "or" and after "staff" insert a comma "," and before "law" delete
Mr. President                Fields                  Malone                "or" and insert "accompanied by a"
Adley                        Fontenot                Marionneaux
Bajoie                       Gautreaux               McPherson             AMENDMENT NO. 4
Barham                       Hines                   Michot                On page 2, line 10, after "for the" and before "wrongful" insert
Bean                         Holden                  Mount                 "serious bodily injury or"
Boissiere                    Hollis                  Romero
Cain                         Hoyt                    Schedler              AMENDMENT NO. 5
Chaisson                     Johnson                 Smith                 On page 2, at the end of line 11, after "restraint" and before
Cravins                      Jones, B                Theunissen            "transportation" change "and" to "or"
Dardenne                     Jones, CD               Thomas
Dupre                        Lambert                 Ullo                                  HOUSE FLOOR AMENDMENTS
Ellington                    Lentini
 Total—35                                                                  Amendments proposed by Representative Walker to Reengrossed
                                NAYS                                       Senate Bill No. 684 by Senator Ullo

 Total—0                                                                   AMENDMENT NO. 1
                              ABSENT                                       On page 1, line 4, after the semicolon ";" and before "and" insert the
                                                                           following" "to provide for forcible entry to secure protective custody;
Dean                         Irons                                         to provide procedures for obtaining a court order allowing forcible
Heitmeier                    Tarver                                        entry;"
 Total—4
                                                                           AMENDMENT NO. 2
     The Chair declared the amendments proposed by the House were          On page 1, line 14, after "may" and before "break" insert "apply to a
concurred in. Senator Hines moved to reconsider the vote by which          court of competent jurisdiction for an order to"
the amendments were concurred in and laid the motion on the table.
                                                                           AMENDMENT NO. 3
            Senate Bills and Joint Resolutions                             On page 2, between lines 2 and 3, insert the following:
                                                                                "(2) The application for a court order allowing forcible entry
                Returned from the House                                    pursuant to Paragraph (1) of this Subsection shall be accompanied by
          of Representatives with Amendments,                              a copy of the order for protective custody and an affidavit of the
                     Subject to Call                                       coroner or his support staff reciting facts establishing probable cause
                                                                           for forced entry. In exceptional circumstances, the facts supporting
     The following Senate Bills and Joint Resolutions returned from        the order and the exceptional circumstances may be relayed orally,
the House of Representatives with amendments, Subject to Call, were        including telephonically, to the judge, and the order of the judge may
taken up and acted upon as follows:                                        be issued orally. In such cases, a copy of the order for protective
                                                                           custody and an affidavit containing the information relayed orally to
                  Called from the Calendar                                 the judge, including any telephonic communication, shall be provided
                                                                           to the judge within twenty four hours of taking the person into
    Senator Ullo asked that Senate Bill No. 684 be called from the         protective custody. Upon the timely presentation of the copy of the
Calendar at this time.                                                     order for protective custody and the affidavit of the oral
                                                                           communications, the judge shall issue a written order acknowledging
SENATE BILL NO. 684—                                                       receipt of the required information and of his oral order allowing
     BY SENATOR ULLO                                                       forcible entry."
                                 AN ACT
To enact R.S. 28:53.2(F), relative to civil immunity; to exempt a          AMENDMENT NO. 4
    coroner, his support staff and law enforcement officers from           On page 2, at the beginning of line 3, change "(2)" to "(3)"
    civil liability for forceful entry to secure protective custody; and
    to provide for related matters.                                        AMENDMENT NO. 5
                                                                           On page 2, at the beginning of line 9, change "(3)" to "(4)"
    The bill was read by title. Returned from the House of
Representatives with the following amendments:                                  Senator Ullo moved to concur in the amendments proposed by
                                                                           the House.
            HOUSE COMMITTEE AMENDMENTS
46th DAY'S PROCEEDINGS                                                                                  Page 39 SENATE
                                                                                                                           June 20, 2003
                          ROLL CALL                                            (a) To acts or omissions which are not reasonably related to the
                                                                          legitimate governmental objective for which the policymaking or
     The roll was called with the following result:                       discretionary power exists; or
                                                                               (b) To acts or omissions which constitute criminal, fraudulent,
                                YEAS                                      malicious, intentional, willful, outrageous, reckless, or flagrant
                                                                          misconduct.
Mr. President                Fontenot               Malone                     (3) The legislature finds and states that the purpose of this
Adley                        Gautreaux              Marionneaux           Section is not to reestablish any immunity based on the status of
Bajoie                       Heitmeier              McPherson             sovereignty but rather to clarify the substantive content and
Barham                       Hines                  Michot                parameters of application of such legislatively created codal articles
Bean                         Holden                 Mount                 and laws and also to assist in the implementation of Article II of the
Boissiere                    Hollis                 Romero                Constitution of Louisiana.
Chaisson                     Hoyt                   Schedler                   Section 2. The immunity from liability provided by this Act
Cravins                      Johnson                Smith                 shall apply only to liability for those acts occurring on or after August
Dardenne                     Jones, B               Theunissen            15, 2003."
Dean                         Jones, CD              Thomas
Dupre                        Lambert                Ullo                       Senator Ullo moved to concur in the amendments proposed by
Ellington                    Lentini                                      the House.
 Total—35
                               NAYS                                                                 ROLL CALL
Fields                                                                         The roll was called with the following result:
 Total—1
                              ABSENT                                                                      YEAS
Cain                         Irons                  Tarver                Mr. President                 Ellington               Malone
 Total—3                                                                  Adley                         Fontenot                Marionneaux
                                                                          Bajoie                        Gautreaux               McPherson
     The Chair declared the amendments proposed by the House were         Barham                        Hines                   Michot
concurred in. Senator Ullo moved to reconsider the vote by which          Bean                          Holden                  Mount
the amendments were concurred in and laid the motion on the table.        Boissiere                     Hollis                  Romero
                                                                          Cain                          Hoyt                    Schedler
                  Called from the Calendar                                Chaisson                      Johnson                 Smith
                                                                          Cravins                       Jones, B                Theunissen
    Senator Ullo asked that Senate Bill No. 685 be called from the        Dardenne                      Jones, CD               Thomas
Calendar at this time.                                                    Dean                          Lambert                 Ullo
                                                                          Dupre                         Lentini
SENATE BILL NO. 685—                                                       Total—35
     BY SENATOR ULLO                                                                                      NAYS
                            AN ACT
To enact R.S. 33:1563(L), relative to civil immunity; to provide for      Fields
    civil immunity for coroner and supporting staff while in the           Total—1
    performance of their duties; to require persons or entities                                          ABSENT
    alleging improper conduct to show by clear and convincing
    evidence and proof of conduct which is without rational basis;        Heitmeier                     Irons                   Tarver
    to provide standards for civil action; and to provide for related      Total—3
    matters.
                                                                               The Chair declared the amendments proposed by the House were
    The bill was read by title. Returned from the House of                concurred in. Senator Ullo moved to reconsider the vote by which
Representatives with the following amendments:                            the amendments were concurred in and laid the motion on the table.
            HOUSE COMMITTEE AMENDMENTS                                                            Rules Suspended
Amendments proposed by House Committee on Civil Law and                        Senator Adley asked for and obtained a suspension of the rules
Procedure to Reengrossed Senate Bill No. 685 by Senator Ullo              for the purpose of advancing to the order of
AMENDMENT NO. 1                                                                       House Bills and Joint Resolutions on
On page 1, delete lines 4 through 6 in their entirety and insert the
following: "their duties; to provide for exceptions; to provide for                              Third Reading
legislative intent; and to"                                                                   and Final Passage
AMENDMENT NO. 2                                                                The following House Bills and Joint Resolutions on third
On page 1, delete lines 13 through 15 in their entirety and delete        reading and final passage were taken up and acted upon as follows:
pages 2 and 3 in their entirety and insert the following:
      "L.(1) Liability shall not be imposed on an elected coroner or      HOUSE BILL NO. 1325—
his support staff based upon the exercise or performance or the failure        BY REPRESENTATIVE SCHNEIDER
to exercise or perform their policymaking or discretionary acts when                                    AN ACT
such acts are within the course and scope of their lawful powers and      To amend and reenact R.S. 11:124 and 181 and to enact R.S. 11:183
duties.                                                                       through 185, relative to administration and duties of retirement
      (2) The provisions of Subsection B of this Section are not              boards and committees, to provide for state and statewide
applicable to any of the following:                                           retirement systems and the Public Retirement Systems' Actuarial
Page 40 SENATE                                                                                46th DAY'S PROCEEDINGS
June 20, 2003
     Committee; to provide for membership, administration, duties,              The bill was read by title. Senator Boissiere moved final
     and responsibilities; to provide for education; to provide for         passage of the amended bill.
     quorum requirements, meeting dates, and per diem; to provide
     for an effective date; and to provide for related matters.                                      ROLL CALL
                 Floor Amendments Sent Up                                        The roll was called with the following result:
     Senator C. Jones sent up floor amendments which were read.                                            YEAS
                SENATE FLOOR AMENDMENTS                                     Mr. President               Fields                    Lentini
                                                                            Adley                       Fontenot                  Malone
Amendments proposed by Senator C. Jones to Reengrossed House                Bajoie                      Gautreaux                 Marionneaux
Bill No. 1325 by Representative Schneider                                   Barham                      Heitmeier                 McPherson
                                                                            Bean                        Hines                     Michot
AMENDMENT NO. 1                                                             Boissiere                   Holden                    Mount
On page 1, line 3, after "185," insert "and 553(18); to provide"            Cain                        Hollis                    Romero
                                                                            Chaisson                    Hoyt                      Schedler
AMENDMENT NO. 2                                                             Cravins                     Johnson                   Smith
On page 1, line 8, after "diem;" insert "to provide with respect to         Dardenne                    Jones, B                  Theunissen
eligible judges and court officers; to include the judicial administrator   Dupre                       Jones, CD                 Thomas
and his deputies for the Fourth Judicial District Court for the parishes    Ellington                   Lambert                   Ullo
of Morehouse and Ouachita;"                                                  Total—36
                                                                                                           NAYS
AMENDMENT NO. 3
On page 1, line 15, after "through 185" insert "and 553(18)"                Dean
                                                                             Total—1
AMENDMENT NO. 4                                                                                          ABSENT
On page 8, between lines 5 and 6, insert the following:
     "Section 1. R.S. 11:553(18) is hereby enacted to read as follows:      Irons                       Tarver
§553. Eligible judges and court officers                                     Total—2
     This Subpart shall apply to all present and future judges and
court officers hereinafter enumerated:                                           The Chair declared the amended bill was passed. The title was
                           *      *       *                                 read and adopted. Senator Boissiere moved to reconsider the vote by
     (18) The judicial administrator of the Fourth Judicial District        which the bill was passed and laid the motion on the table.
Court for the parishes of Morehouse and Ouachita and his deputy or
deputies."                                                                  HOUSE BILL NO. 1385—
                                                                                 BY REPRESENTATIVE GUILLORY
     Senator C. Jones moved adoption of the amendments.                                                   AN ACT
                                                                            To enact R.S. 33:2866.1, relative to property adjudicated to parishes
     Senator Dean objected.                                                     and municipalities; to provide relative to the payment of
                                                                                commissions to licensed realtors who assist parishes and
                           ROLL CALL                                            municipalities in selling property adjudicated to them for
                                                                                nonpayment of taxes; to provide with respect to guidelines; and
     The roll was called with the following result:                             to provide for related matters.

                                YEAS                                            The bill was read by title. Senator Mount moved the final
                                                                            passage of the bill.
Mr. President                 Fields                 Lentini
Adley                         Fontenot               Malone                                          ROLL CALL
Bajoie                        Gautreaux              Marionneaux
Barham                        Heitmeier              McPherson                   The roll was called with the following result:
Bean                          Hines                  Michot
Boissiere                     Holden                 Mount                                                 YEAS
Cain                          Hollis                 Romero
Chaisson                      Hoyt                   Schedler               Mr. President               Ellington                 Lentini
Cravins                       Johnson                Smith                  Adley                       Fields                    Malone
Dardenne                      Jones, B               Theunissen             Bajoie                      Fontenot                  McPherson
Dupre                         Jones, CD              Thomas                 Barham                      Gautreaux                 Michot
Ellington                     Lambert                Ullo                   Bean                        Hines                     Mount
 Total—36                                                                   Boissiere                   Holden                    Romero
                                NAYS                                        Cain                        Hollis                    Schedler
                                                                            Chaisson                    Hoyt                      Smith
Dean                                                                        Cravins                     Johnson                   Theunissen
 Total—1                                                                    Dardenne                    Jones, B                  Thomas
                               ABSENT                                       Dean                        Jones, CD                 Ullo
                                                                            Dupre                       Lambert
Irons                         Tarver                                         Total—35
 Total—2                                                                                                   NAYS

     The Chair declared the amendments were adopted.                         Total—0
                                                                                                         ABSENT
46th DAY'S PROCEEDINGS                                                                              Page 41 SENATE
                                                                                                                     June 20, 2003
Heitmeier                   Marionneaux                                                          ROLL CALL
Irons                       Tarver
 Total—4                                                                    The roll was called with the following result:
      The Chair declared the bill was passed. The title was read and                                  YEAS
adopted. Senator Mount moved to reconsider the vote by which the
bill was passed and laid the motion on the table.                       Adley                       Fields                   Lentini
                                                                        Bajoie                      Fontenot                 Malone
HOUSE BILL NO. 1395—                                                    Barham                      Gautreaux                Marionneaux
     BY REPRESENTATIVE TOWNSEND
                                                                        Bean                        Heitmeier                McPherson
                            AN ACT                                      Boissiere                   Hines                    Michot
To amend and reenact Civil Code Article 113, relative to interim        Cain                        Holden                   Mount
    spousal support; to provide for the termination of support; and     Chaisson                    Hollis                   Romero
    to provide for related matters.                                     Cravins                     Hoyt                     Schedler
                                                                        Dardenne                    Johnson                  Smith
     The bill was read by title. Senator Dardenne moved the final       Dean                        Jones, B                 Theunissen
passage of the bill.                                                    Dupre                       Jones, CD                Thomas
                                                                        Ellington                   Lambert                  Ullo
                         ROLL CALL                                       Total—36
                                                                                                      NAYS
     The roll was called with the following result:
                                                                         Total—0
                               YEAS                                                                  ABSENT
Mr. President               Fields                Lentini               Mr. President               Irons                    Tarver
Adley                       Fontenot              Malone                 Total—3
Bajoie                      Gautreaux             Marionneaux
Barham                      Heitmeier             McPherson                  The Chair declared the bill was passed. The title was read and
Bean                        Hines                 Michot                adopted. Senator Boissiere moved to reconsider the vote by which
Boissiere                   Holden                Mount                 the bill was passed and laid the motion on the table.
Cain                        Hollis                Romero
Cravins                     Hoyt                  Schedler              HOUSE BILL NO. 1427—
Dardenne                    Johnson               Smith                     BY REPRESENTATIVES POWELL, BAUDOIN, BRUCE, DEVILLIER,
Dean                        Jones, B              Theunissen                DOWNS, FRITH, FRUGE, HUDSON, ILES, KENNEY, MORRISH, JACK
                                                                            SMITH, AND STRAIN
Dupre                       Jones, CD             Thomas
Ellington                   Lambert               Ullo                                                AN ACT
 Total—36                                                               To amend and reenact Part II-A of Chapter 5 of Title 3 of the
                               NAYS                                         Louisiana Revised Statutes of 1950, to be comprised of R.S.
                                                                            3:471 through 478 and R.S. 36:629(E)(6), relative to
 Total—0                                                                    strawberries; to provide for the membership, powers, and duties
                             ABSENT                                         of the Strawberry Marketing Board; to provide for assessments
                                                                            on the sale of strawberries; to provide for powers of the
Chaisson                    Irons                 Tarver                    commissioner of agriculture and forestry; to provide for
 Total—3                                                                    penalties; and to provide for related matters.

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

HOUSE BILL NO. 1426—                                                                    SENATE FLOOR AMENDMENTS
     BY REPRESENTATIVE DANIEL
                               AN ACT                                   Amendments proposed by Senator Hainkel to Reengrossed House
To amend and reenact R.S. 11:449(C), 788(C), 1152(F)(3), 1312(H),       Bill No. 1427 by Representative Powell
    1456(F)(1), 1530(F), 1641(C), 1763(F)(2), 1938(F)(2),
    2178.1(C)(9)(a), 2221(F)(2), and 2257(F)(2), relative to state      AMENDMENT NO. 1
    and statewide retirement systems; to provide with respect to        Delete Senate Committee Amendment Nos. 5, 12, and 43 through 46
    Deferred Retirement Option Plans and Back-Deferred                  proposed by the Senate Committee on Agriculture, Forestry,
    Retirement Option Plans; to provide for investment of the funds     Aquaculture, and Rural Development and adopted by the Senate on
    in such plans; to require that any investment of such funds after   June 11, 2003.
    the member completes participation in the plan shall be in liquid
    asset money market investments; to provide for an effective date;   AMENDMENT NO. 2
    and to provide for related matters.                                 On page 4, line 16, change "twelve" to "thirteen" and on line 17,
                                                                        change "commissioner" to "governor, which membership shall be
     The bill was read by title. Senator Boissiere moved the final      composed of residents from the parishes of Ascension, Livingston,
passage of the bill.                                                    St. Tammany, or Tangipahoa,"
                                                                        AMENDMENT NO. 3
                                                                        On page 5, between lines 4 and 5, insert the following:
                                                                             "(g) One member shall be a person with a financial interest in
                                                                        the strawberry industry.
Page 42 SENATE                                                                              46th DAY'S PROCEEDINGS
June 20, 2003
     (2) Upon a vacancy on the board, the governor shall be notified                               ROLL CALL
immediately by the board by registered mail. If the governor fails to
make an appointment to the board within one hundred and twenty                 The roll was called with the following result:
days following the date of notification of any vacancy on the board,
then the commissioner of agriculture shall make the appointment.                                         YEAS
Any appointment shall be subject to confirmation by the Senate."
                                                                           Mr. President              Fields                    Malone
AMENDMENT NO. 4                                                            Adley                      Fontenot                  Marionneaux
On page 6, delete lines 9 through 12, and on line 13, delete "year"        Bajoie                     Gautreaux                 McPherson
and insert in lieu thereof the following: "The chairman of the             Barham                     Heitmeier                 Michot
Ponchatoula Strawberry Festival, or his alternate, shall serve a term      Bean                       Hines                     Mount
of one year. The remaining members of the board shall be appointed         Boissiere                  Holden                    Romero
by the governor, subject to Senate confirmation, to serve six-year         Cain                       Hollis                    Schedler
staggered terms. Four members shall be appointed to serve an initial       Chaisson                   Hoyt                      Smith
term of two years, four members shall be appointed to serve an initial     Cravins                    Johnson                   Theunissen
term of four years, and four members shall be appointed to serve an        Dardenne                   Jones, CD                 Thomas
initial term of six years; thereafter the term of each member appointed    Dupre                      Lambert                   Ullo
by the governor shall be six years."                                       Ellington                  Lentini
                                                                            Total—35
AMENDMENT NO. 5                                                                                          NAYS
On page 14, delete lines 24 through 26 and on page 15, delete lines
1 through 7 and insert in lieu thereof the following:                      Dean
      "A. Any handler, dealer, or shipper of strawberries who wilfully      Total—1
evades the payment of the tax assessment provided for in R.S. 3:475,                                   ABSENT
or who violates any other provision of this Part, shall be fined not
more than five hundred dollars. If any shipper fails to pay any tax        Irons                      Jones, B                  Tarver
assessment due under the provisions of this Part within thirty days         Total—3
after the tax assessment payment is due, he shall be liable to a penalty
of twenty percent thereof, and the attorney general shall enforce               The Chair declared the amended bill was passed. The title was
payment of the tax assessment and penalty by civil action against the      read and adopted. Senator Hainkel moved to reconsider the vote by
shipper for the amount of the tax assessment and penalty."                 which the bill was passed and laid the motion on the table.
     Senator Hainkel moved adoption of the amendments.                     HOUSE BILL NO. 1459—
                                                                               BY REPRESENTATIVES THOMPSON, KATZ, AND MCDONALD
     Senator Dean objected.                                                                             AN ACT
                                                                           To enact R.S. 40:573(12), relative to Housing Cooperation Law; to
                          ROLL CALL                                            provide with respect to housing developments and
                                                                               redevelopment projects; to provide for public hearings; and to
     The roll was called with the following result:                            provide for related matters.

                                YEAS                                           The bill was read by title. Senator Barham moved the final
                                                                           passage of the bill.
Mr. President                Fields                  Marionneaux
Adley                        Fontenot                McPherson                                     ROLL CALL
Bajoie                       Gautreaux               Michot
Barham                       Heitmeier               Mount                     The roll was called with the following result:
Bean                         Hines                   Romero
Boissiere                    Holden                  Schedler                                            YEAS
Cain                         Hollis                  Smith
Chaisson                     Hoyt                    Theunissen            Mr. President              Fields                    Malone
Cravins                      Johnson                 Thomas                Adley                      Fontenot                  Marionneaux
Dardenne                     Jones, CD               Ullo                  Bajoie                     Gautreaux                 McPherson
Dupre                        Lambert                                       Barham                     Heitmeier                 Michot
Ellington                    Malone                                        Bean                       Hines                     Mount
 Total—34                                                                  Boissiere                  Holden                    Romero
                                NAYS                                       Cain                       Hollis                    Schedler
                                                                           Chaisson                   Hoyt                      Smith
Dean                                                                       Cravins                    Johnson                   Theunissen
 Total—1                                                                   Dardenne                   Jones, B                  Thomas
                              ABSENT                                       Dean                       Jones, CD                 Ullo
                                                                           Dupre                      Lambert
Irons                        Lentini                                       Ellington                  Lentini
Jones, B                     Tarver                                         Total—37
 Total—4                                                                                                 NAYS
     The Chair declared the amendments were adopted.                        Total—0
                                                                                                       ABSENT
     The bill was read by title. Senator Hainkel moved final passage
of the amended bill.                                                       Irons                      Tarver
                                                                            Total—2
46th DAY'S PROCEEDINGS                                                                              Page 43 SENATE
                                                                                                                     June 20, 2003
      The Chair declared the bill was passed. The title was read and                            ROLL CALL
adopted. Senator Barham moved to reconsider the vote by which the
bill was passed and laid the motion on the table.                           The roll was called with the following result:
HOUSE BILL NO. 1463—                                                                                  YEAS
     BY REPRESENTATIVE TOWNSEND
                               AN ACT                                   Adley                      Fields                    Lentini
To amend and reenact R.S. 27:306(A)(4)(c)(ii)(cc), relative to          Bajoie                     Fontenot                  Malone
    qualified truck stops for the operation of video draw poker         Barham                     Gautreaux                 Marionneaux
    devices; to provide for the number of hours per day the             Bean                       Heitmeier                 McPherson
    restaurant at a qualified truck stop must be open; and to provide   Boissiere                  Hines                     Michot
    for related matters.                                                Cain                       Holden                    Mount
                                                                        Chaisson                   Hollis                    Romero
     The bill was read by title. Senator Hines moved the final          Cravins                    Hoyt                      Schedler
passage of the bill.                                                    Dardenne                   Johnson                   Smith
                                                                        Dean                       Jones, B                  Theunissen
                         ROLL CALL                                      Dupre                      Jones, CD                 Thomas
                                                                        Ellington                  Lambert                   Ullo
     The roll was called with the following result:                      Total—36
                                                                                                      NAYS
                               YEAS
                                                                         Total—0
Adley                       Fontenot              Malone                                            ABSENT
Bajoie                      Heitmeier             Marionneaux
Bean                        Hines                 McPherson             Mr. President              Irons                     Tarver
Boissiere                   Holden                Mount                  Total—3
Cain                        Hollis                Schedler
Chaisson                    Hoyt                  Theunissen                 The Chair declared the bill was passed. The title was read and
Cravins                     Johnson               Thomas                adopted. Senator Michot moved to reconsider the vote by which the
Dean                        Jones, CD             Ullo                  bill was passed and laid the motion on the table.
Dupre                       Lentini
 Total—26                                                               HOUSE BILL NO. 1488—
                               NAYS                                         BY REPRESENTATIVE FARRAR
                                                                                                     AN ACT
Barham                      Fields                Smith                 To amend and reenact R.S. 33:3817(B), relative to waterworks
Dardenne                    Michot                                          districts; to authorize the board of commissioners of such
Ellington                   Romero                                          districts to employ a president and to fix his salary; and to
 Total—7                                                                    provide for related matters.
                             ABSENT
                                                                            The bill was read by title. Senator McPherson moved the final
Mr. President               Irons                 Lambert               passage of the bill.
Gautreaux                   Jones, B              Tarver
 Total—6                                                                                        ROLL CALL
      The Chair declared the bill was passed. The title was read and        The roll was called with the following result:
adopted. Senator Hines moved to reconsider the vote by which the
bill was passed and laid the motion on the table.                                                     YEAS
                      Personal Privilege                                Mr. President              Ellington                 Lambert
                                                                        Adley                      Fields                    Lentini
      Senator B. Jones asked for and obtained the floor of the Senate   Bajoie                     Fontenot                  Malone
on a point of personal privilege, and stated he appeared as absent on   Barham                     Gautreaux                 McPherson
the vote on House Bill No. 1463. He had intended to vote nay on the     Bean                       Heitmeier                 Michot
bill. He asked that the Official Journal so state.                      Boissiere                  Hines                     Mount
                                                                        Cain                       Holden                    Romero
HOUSE BILL NO. 1487—                                                    Chaisson                   Hollis                    Schedler
     BY REPRESENTATIVE PINAC                                            Cravins                    Hoyt                      Smith
                             AN ACT                                     Dardenne                   Johnson                   Theunissen
To amend and reenact R.S. 40:1622, relative to fire protection and      Dean                       Jones, B                  Thomas
    prevention; to provide for criminal and civil liability for         Dupre                      Jones, CD                 Ullo
    violations; to provide for a rebuttable presumption; and to          Total—36
    provide for related matters.                                                                      NAYS
     The bill was read by title. Senator Michot moved the final          Total—0
passage of the bill.                                                                                ABSENT
                                                                        Irons                      Marionneaux               Tarver
                                                                         Total—3
Page 44 SENATE                                                                            46th DAY'S PROCEEDINGS
June 20, 2003
     The Chair declared the bill was passed. The title was read and     Barham                       Gautreaux                Michot
adopted. Senator McPherson moved to reconsider the vote by which        Bean                         Heitmeier                Mount
the bill was passed and laid the motion on the table.                   Boissiere                    Hines                    Romero
                                                                        Cain                         Holden                   Schedler
HOUSE BILL NO. 1564—                                                    Chaisson                     Hollis                   Smith
     BY REPRESENTATIVE WALSWORTH                                        Cravins                      Hoyt                     Theunissen
                              AN ACT                                    Dardenne                     Johnson                  Thomas
To amend and reenact R.S. 46:236.5(C), relative to hearing officers;    Dean                         Jones, CD                Ullo
    to provide for the use of hearing officers in expedited             Dupre                        Lambert
    proceedings relative to domestic matters; to expand the authority   Ellington                    Lentini
    of hearing officers; to provide for the entering of default          Total—34
    judgments; to provide for the granting of uncontested matters;                                     NAYS
    to authorize the referral for mediation, evaluations, and drug
    tests; to provide for contempt of court; to provide a process for    Total—0
    objecting to a hearing officer's recommendations; to provide for                                  ABSENT
    final judgments; and to provide for related matters.
                                                                        Mr. President                Jones, B                 Tarver
     The bill was read by title. Senator Ellington moved the final      Irons                        Marionneaux
passage of the bill.                                                     Total—5
                         ROLL CALL                                           The Chair declared the bill was passed. The title was read and
                                                                        adopted. Senator Mount moved to reconsider the vote by which the
     The roll was called with the following result:                     bill was passed and laid the motion on the table.
                               YEAS                                     HOUSE BILL NO. 1617—
                                                                             BY REPRESENTATIVE DEVILLIER
Mr. President               Ellington             Lentini                                           AN ACT
Adley                       Fields                Malone                To amend and reenact Civil Code Article 1833, relative to signatures
Bajoie                      Fontenot              Marionneaux               on authentic acts; to require legible hand printed or typed
Barham                      Gautreaux             Michot                    names; to provide for defect of form; and to provide for related
Bean                        Hines                 Mount                     matters.
Boissiere                   Holden                Romero
Cain                        Hollis                Schedler                   On motion of Senator Adley, the bill was read by title and
Chaisson                    Hoyt                  Smith                 returned to the Calendar, subject to call.
Cravins                     Irons                 Tarver
Dardenne                    Johnson               Theunissen                                   Rules Suspended
Dean                        Jones, B              Thomas
Dupre                       Jones, CD             Ullo                       Senator Ullo asked for and obtained a suspension of the rules for
 Total—36                                                               the purpose of allowing the Committee on Senate and Governmental
                               NAYS                                     Affairs to have a meeting on confirmations without the required 24
                                                                        hour notice.
 Total—0
                             ABSENT                                     HOUSE BILL NO. 1626—
                                                                             BY REPRESENTATIVE DANIEL
Heitmeier                   Lambert               McPherson                                           AN ACT
 Total—3                                                                To amend and reenact R.S. 11:723.1(B), relative to the Teachers'
                                                                            Retirement System of Louisiana; to provide for actuarial
     The Chair declared the bill was passed. The title was read and         purchase of service credit for certain service performed under
adopted. Senator Ellington moved to reconsider the vote by which            contract; to provide relative to the time period during which
the bill was passed and laid the motion on the table.                       such purchase may be made and procedures therefor; to provide
                                                                            an effective date; and to provide for related matters.
HOUSE BILL NO. 1565—
     BY REPRESENTATIVE FLAVIN                                               The bill was read by title. Senator Boissiere moved the final
                             AN ACT                                     passage of the bill.
To amend and reenact R.S. 33:461(A)(1), relative to the assessment
    and collection of municipal taxes; to provide that the city of                               ROLL CALL
    Lake Charles may prorate municipal ad valorem taxes on
    property annexed into the city; to provide a basis upon which the        The roll was called with the following result:
    taxes shall be prorated; and to provide for related matters.
                                                                                                       YEAS
     The bill was read by title. Senator Mount moved the final
passage of the bill.                                                    Mr. President                Fields                   Malone
                                                                        Adley                        Fontenot                 Marionneaux
                         ROLL CALL                                      Bajoie                       Gautreaux                McPherson
                                                                        Barham                       Heitmeier                Michot
     The roll was called with the following result:                     Bean                         Hines                    Mount
                                                                        Boissiere                    Holden                   Romero
                               YEAS                                     Cain                         Hollis                   Schedler
                                                                        Chaisson                     Hoyt                     Smith
Adley                       Fields                Malone                Cravins                      Johnson                  Theunissen
Bajoie                      Fontenot              McPherson             Dardenne                     Jones, B                 Thomas
46th DAY'S PROCEEDINGS                                                                               Page 45 SENATE
                                                                                                                      June 20, 2003
Dean                        Jones, CD             Ullo                      The bill was read by title. Senator Boissiere moved the final
Dupre                       Lambert                                     passage of the bill.
Ellington                   Lentini
 Total—37                                                                                        ROLL CALL
                               NAYS
                                                                             The roll was called with the following result:
 Total—0
                             ABSENT                                                                    YEAS
Irons                       Tarver                                      Mr. President               Ellington                 Lambert
 Total—2                                                                Adley                       Fields                    Lentini
                                                                        Bajoie                      Fontenot                  Malone
     The Chair declared the bill was passed. The title was read and     Barham                      Gautreaux                 McPherson
adopted. Senator Boissiere moved to reconsider the vote by which        Bean                        Heitmeier                 Michot
the bill was passed and laid the motion on the table.                   Boissiere                   Hines                     Mount
                                                                        Cain                        Holden                    Romero
HOUSE BILL NO. 1641—                                                    Chaisson                    Hollis                    Schedler
     BY REPRESENTATIVE DEVILLIER
                                                                        Cravins                     Hoyt                      Smith
                              AN ACT                                    Dardenne                    Johnson                   Theunissen
To amend and reenact Code of Criminal Procedure Articles 262,           Dean                        Jones, B                  Thomas
    271(A), and 272, and to enact Code of Criminal Procedure            Dupre                       Jones, CD                 Ullo
    Article 262.1 and 281, relative to extradition; to provide with      Total—36
    respect to the authority of the governor in extradition cases; to                                  NAYS
    provide with respect to admitting a person to bail in extradition
    cases; to provide with respect to the surrender of a person          Total—0
    against whom a criminal prosecution is pending in this state; to                                 ABSENT
    provide authority to charge an extradited person with crimes
    other than the crime for which he was extradited; and to provide    Irons                       Marionneaux               Tarver
    for related matters.                                                 Total—3
     The bill was read by title. Senator Lentini moved the final             The Chair declared the bill was passed. The title was read and
passage of the bill.                                                    adopted. Senator Boissiere moved to reconsider the vote by which
                                                                        the bill was passed and laid the motion on the table.
                         ROLL CALL
                                                                        HOUSE BILL NO. 1720—
     The roll was called with the following result:                          BY REPRESENTATIVE FLAVIN
                                                                                                      AN ACT
                               YEAS                                     To enact R.S. 33:4045.1, relative to sewerage assessments in the city
                                                                            of Lake Charles; to provide relative to the payment and
Mr. President               Fields                Malone                    collection of such assessments; and to provide for related
Adley                       Fontenot              Marionneaux               matters.
Bajoie                      Gautreaux             McPherson
Barham                      Heitmeier             Michot                    The bill was read by title. Senator Mount moved the final
Bean                        Hines                 Mount                 passage of the bill.
Boissiere                   Holden                Romero
Cain                        Hollis                Schedler                                       ROLL CALL
Chaisson                    Hoyt                  Smith
Cravins                     Johnson               Theunissen                 The roll was called with the following result:
Dardenne                    Jones, B              Thomas
Dean                        Jones, CD             Ullo                                                 YEAS
Dupre                       Lambert
Ellington                   Lentini                                     Mr. President               Fields                    Lentini
 Total—37                                                               Adley                       Fontenot                  Malone
                               NAYS                                     Bajoie                      Gautreaux                 Marionneaux
                                                                        Barham                      Heitmeier                 McPherson
 Total—0                                                                Bean                        Hines                     Michot
                             ABSENT                                     Boissiere                   Holden                    Mount
                                                                        Cain                        Hollis                    Romero
Irons                       Tarver                                      Chaisson                    Hoyt                      Schedler
 Total—2                                                                Cravins                     Johnson                   Smith
                                                                        Dardenne                    Jones, B                  Theunissen
      The Chair declared the bill was passed. The title was read and    Dean                        Jones, CD                 Thomas
adopted. Senator Lentini moved to reconsider the vote by which the      Ellington                   Lambert                   Ullo
bill was passed and laid the motion on the table.                        Total—36
                                                                                                       NAYS
HOUSE BILL NO. 1684—
     BY REPRESENTATIVE DANIEL
                                                                         Total—0
                             AN ACT                                                                  ABSENT
To amend and reenact R.S. 11:301 through 309, relative to state and
    statewide retirement systems; to reestablish the Commission on      Dupre                       Irons                     Tarver
    Public Retirement; and to provide for related matters.               Total—3
Page 46 SENATE                                                                              46th DAY'S PROCEEDINGS
June 20, 2003
      The Chair declared the bill was passed. The title was read and                      Messages from the Governor
adopted. Senator Mount moved to reconsider the vote by which the
bill was passed and laid the motion on the table.                              The following messages from the Governor were received and
                                                                          read as follows:
                 Mr. President in the Chair
                                                                                             STATE OF LOUISIANA
HOUSE BILL NO. 1724—                                                                         OFFICE OF THE GOVERNOR
     BY REPRESENTATIVE POWELL
                              AN ACT                                                                June 20, 2003
To amend and reenact R.S. 15:572.2, relative to compensation of
    members of the Board of Pardons; increases the salaries of the        The Honorable President and Members of the Senate
    chairman and the members of the Board of Pardons; provides for
    a separate salary and increased salary for the vice chairman; and     Ladies and Gentlemen:
    to provide for related matters.                                           I have appointed The Honorable Louis J. Lambert to serve on
                                                                          the Board of Supervisors of Louisiana State University and
     On motion of Senator Lentini, the bill was read by title and         Agricultural and Mechanical College to represent the 6th
returned to the Calendar, subject to call.                                Congressional District.
                                                                              In compliance with Article IV, Section 5(H)(3) of the Louisiana
                  Messages from the House                                 Constitution of 1974, I do hereby present his name for your review.
                                                                                                                                    Sincerely,
     The following Messages from the House were received and read                                                M.J. "MIKE" FOSTER, JR.
as follows:                                                                                                                         Governor

                  Petitions, Memorials and                                                Senator Ellington in the Chair
                      Communications
                                                                                                       Recess
     The following petitions, memorials and communications were
received and read:                                                             On motion of Senator B. Jones, the Senate took a recess until
                                                                          1:30 o'clock P.M.
                           SENATE
                       STATE OF LOUISIANA                                                          After Recess
                            June 20, 2003                                      The Senate was called to order at 1:30 o'clock P.M. by the
                                                                          President of the Senate.
The Honorable John J. Hainkel, Jr.
President                                                                                          ROLL CALL
Louisiana State Senate
P. O. Box 94183, Capitol Station                                              The roll was called with the following result:
Baton Rouge, LA 70804
                                                                                                      PRESENT
Dear Senator Hainkel:
      I want to thank you and my fellow senators for the privilege and    Mr. President               Fields                   Malone
honor of serving with you in the Senate for the last nine years. I also   Adley                       Fontenot                 Marionneaux
want to thank the members for electing me as President Pro Tempore        Bajoie                      Gautreaux                McPherson
for the past four years.                                                  Barham                      Heitmeier                Michot
      As you may know, Governor Mike Foster recently offered to me        Bean                        Hines                    Mount
the opportunity to serve as a member of the LSU Board of                  Boissiere                   Holden                   Romero
Supervisors, and I have accepted this position. Unfortunately, state      Cain                        Hollis                   Schedler
law prohibits me from serving as an LSU Board Member and as a             Chaisson                    Hoyt                     Smith
Senator.                                                                  Cravins                     Irons                    Tarver
      Therefore, I am tendering my resignation as State Senator of        Dardenne                    Johnson                  Theunissen
District # 18 effective 12:30 P.M., June 20, 2003.                        Dean                        Jones, B                 Thomas
      In doing so, I must take leave of my friends who I shall            Dupre                       Jones, CD                Ullo
remember with fondness and the highest of respect. Leaving the            Ellington                   Lentini
Senate is one of the most difficult decisions that I have ever had to      Total—38
make. I feel that this new challenge as an LSU Board member is also                                    ABSENT
a great opportunity to contribute to higher education. My main goal
with the LSU System will be to focus on academics. I will do my part      Lambert
to make LSU one of the greatest educational institutions of higher         Total—1
learning in our country, and I know you will continue in your
leadership role, coupled with the efforts of the Senate to make a              The President of the Senate announced there were 38 Senators
difference in the lives of the people in our state.                       present and a quorum.
      In closing, once again, thanks so much for your wonderful
support and friendship.
                                                       God Bless You,                       Senate Business Resumed
                                                LOUIS J. LAMBERT
                                               President Pro Tempore                             Rules Suspended
                                                Louisiana State Senate
                                                                               Senator Adley asked for and obtained a suspension of the rules
                                                                          for the purpose of reverting to the Morning Hour.
46th DAY'S PROCEEDINGS                                                                               Page 47 SENATE
                                                                                                                       June 20, 2003
        Appointment of Conference Committee                             SENATE RESOLUTION NO. 102—
                                                                             BY SENATOR HAINKEL
               on Senate Bill No. 637                                                            A RESOLUTION
                                                                        To express the sincere and heartfelt condolences of the Senate of the
    The President of the Senate appointed the following members to           Legislature of Louisiana on the death of Mary Margaret Lang
confer with a like committee from the House for the purpose of               Day Wolbrette.
considering the disagreement on Senate Bill No. 637: Senators
Heitmeier, Chaisson and Lentini.                                            On motion of Senator Hainkel, the resolution was read by title
                                                                        and adopted.
        Appointment of Conference Committee
                on Senate Bill No. 76                                   SENATE RESOLUTION NO. 103—
                                                                             BY SENATOR CAIN
     The President of the Senate appointed the following members to                              A RESOLUTION
confer with a like committee from the House for the purpose of          To urge and request the Department of Health and Hospitals, office
considering the disagreement on Senate Bill No. 76: Senators                of public health, to study the impact of West Nile virus on
Ellington, Bajoie, and Smith.                                               survivors of the illness.
                                                                            On motion of Senator Cain, the resolution was read by title and
        Appointment of Conference Committee                             adopted.
                on Senate Bill No. 77
                                                                        SENATE RESOLUTION NO. 104—
     The President of the Senate appointed the following members to          BY SENATORS MOUNT, HAINKEL, LENTINI, AND SCHEDLER
confer with a like committee from the House for the purpose of                                A RESOLUTION
considering the disagreement on Senate Bill No. 77: Senators Mount,     To urge and request the President of the Senate to establish a
Lentini and Schedler.                                                       committee and appoint the membership thereof to study, review,
                                                                            and make recommendations to revise the Senate Rules of Order.
        Appointment of Conference Committee                                 On motion of Senator Mount, the resolution was read by title
               on Senate Bill No. 705                                   and adopted.
    The President of the Senate appointed the following members to      SENATE RESOLUTION NO. 105—
confer with a like committee from the House for the purpose of               BY SENATOR HAINKEL
considering the disagreement on Senate Bill No. 705: Senators                                     A RESOLUTION
Schedler, Ullo and Lentini.                                             To acknowledge and honor the political career of Louis J. Lambert,
                                                                            Jr. as he retires from his service in the Louisiana Senate and to
        Appointment of Conference Committee                                 extend to him best wishes for continued success as he
               on Senate Bill No. 111                                       undertakes a new career in public service as a member of the
                                                                            Board of Supervisors of Louisiana State University.
     The President of the Senate appointed the following members to
confer with a like committee from the House for the purpose of          SENATE CONCURRENT RESOLUTION NO. 149—
                                                                             BY SENATORS HINES, BAJOIE, BOISSIERE, IRONS, AND TARVER
considering the disagreement on Senate Bill No. 111: Senators Ullo,                   A CONCURRENT RESOLUTION
Romero and Schedler.                                                    To urge and request the United States Department of Agriculture
                                                                            (USDA) to include Louisiana in the USDA Farm-to-School
        Appointment of Conference Committee                                 Program.
               on Senate Bill No. 949
                                                                             The resolution was read by title; lies over under the rules.
    The President of the Senate appointed the following members to
confer with a like committee from the House for the purpose of          SENATE CONCURRENT RESOLUTION NO. 150—
considering the disagreement on Senate Bill No. 949: Senators                BY SENATOR MICHOT
Schedler, Ellington and Hainkel.                                                         A CONCURRENT RESOLUTION
                                                                        To establish the Region IV Healthcare Planning Council to develop
                                                                             an integrated plan of medical care for the indigent in Region IV.
        Appointment of Conference Committee
               on Senate Bill No. 663                                        The resolution was read by title. Senator Michot moved to adopt
                                                                        the Senate Concurrent Resolution.
    The President of the Senate appointed the following members to
confer with a like committee from the House for the purpose of                                    ROLL CALL
considering the disagreement on Senate Bill No. 663: Senators
Heitmeier, Hollis and Smith.                                                 The roll was called with the following result:
                Introduction of Resolutions,                                                           YEAS
                  Senate and Concurrent
                                                                        Adley                        Heitmeier                Romero
      Senator Adley asked for and obtained a suspension of the rules    Barham                       Hollis                   Smith
for the purpose of introducing and reading the following Resolutions,   Cain                         Hoyt                     Tarver
Senate and Concurrent, a first and second time and acting upon them     Chaisson                     Jones, CD                Theunissen
as follows:                                                             Dean                         Lentini                  Thomas
                                                                        Dupre                        Malone                   Ullo
                                                                        Ellington                    Michot
                                                                        Gautreaux                    Mount
                                                                         Total—22
Page 48 SENATE                                                                               46th DAY'S PROCEEDINGS
June 20, 2003
                               NAYS                                       HOUSE CONCURRENT RESOLUTION NO. 266—
                                                                               BY REPRESENTATIVE DEWITT
 Total—0                                                                                 A CONCURRENT RESOLUTION
                              ABSENT                                      To recognize the Saturday after Mother's Day, annually, as Kids
                                                                              Kicking Cancer Day.
Mr. President                Fields                 Jones, B
Bajoie                       Fontenot               Lambert                   The resolution was read by title. Senator McPherson moved to
Bean                         Hines                  Marionneaux           concur in the House Concurrent Resolution.
Boissiere                    Holden                 McPherson
Cravins                      Irons                  Schedler                                        ROLL CALL
Dardenne                     Johnson
 Total—17                                                                      The roll was called with the following result:
    The Chair declared the Senate had adopted the Senate                                                  YEAS
Concurrent Resolution and ordered it sent to the House.
                                                                          Adley                        Heitmeier                Mount
                  Messages from the House                                 Barham                       Hollis                   Romero
                                                                          Cain                         Hoyt                     Smith
     The following Messages from the House were received and read         Chaisson                     Jones, CD                Tarver
as follows:                                                               Dardenne                     Lentini                  Theunissen
                                                                          Dean                         Malone                   Thomas
                   Message from the House                                 Dupre                        McPherson                Ullo
                                                                          Ellington                    Michot
              ASKING CONCURRENCE IN                                        Total—23
           HOUSE CONCURRENT RESOLUTIONS                                                                   NAYS

                            June 20, 2003                                  Total—0
                                                                                                        ABSENT
     To the Honorable President and Members of the Senate:
                                                                          Mr. President                Fontenot                 Jones, B
     I am directed to inform your honorable body that the House of        Bajoie                       Gautreaux                Lambert
Representatives has finally passed and asks your concurrence in the       Bean                         Hines                    Marionneaux
following House Concurrent Resolutions:                                   Boissiere                    Holden                   Schedler
                                                                          Cravins                      Irons
HOUSE CONCURRENT RESOLUTION NO. 266—                                      Fields                       Johnson
     BY REPRESENTATIVE DEWITT                                              Total—16
               A CONCURRENT RESOLUTION
To recognize the Saturday after Mother's Day, annually, as Kids               The Chair declared the Senate had concurred in the House
    Kicking Cancer Day.                                                   Concurrent Resolution and ordered it returned to the House.

HOUSE CONCURRENT RESOLUTION NO. 267—                                      HOUSE CONCURRENT RESOLUTION NO. 267—
     BY REPRESENTATIVE FAUCHEUX                                                BY REPRESENTATIVE FAUCHEUX
               A CONCURRENT RESOLUTION                                                   A CONCURRENT RESOLUTION
To urge and request the State Board of Elementary and Secondary           To urge and request the State Board of Elementary and Secondary
    Education to revise the formula for the minimum foundation                Education to revise the formula for the minimum foundation
    program of education to include measures of resident income               program of education to include measures of resident income
    and equitable measures of property valuation in determining the           and equitable measures of property valuation in determining the
    local wealth factor of public school systems.                             local wealth factor of public school systems.

HOUSE CONCURRENT RESOLUTION NO. 268—                                           On motion of Senator Adley, the resolution was read by title and
     BY REPRESENTATIVE MURRAY                                             referred to the Committee on Education.
                 A CONCURRENT RESOLUTION
To request the House and Senate Committees on Labor and Industrial        HOUSE CONCURRENT RESOLUTION NO. 268—
     Relations to meet and function as a joint committee to study the          BY REPRESENTATIVE MURRAY
     hiring and procurement practices of the gaming industry and                           A CONCURRENT RESOLUTION
     submit a report of its findings to the Legislature of Louisiana on   To request the House and Senate Committees on Labor and Industrial
     or before thirty days prior to the 2004 Regular Session.                  Relations to meet and function as a joint committee to study the
                                                                               hiring and procurement practices of the gaming industry and
                                             Respectfully submitted,           submit a report of its findings to the Legislature of Louisiana on
                                               ALFRED W. SPEER                 or before thirty days prior to the 2004 Regular Session.
                               Clerk of the House of Representatives
                                                                               On motion of Senator Adley, the resolution was read by title and
                House Concurrent Resolutions                              referred to the Committee on Labor and Industrial Relations.

      Senator Adley asked for and obtained a suspension of the rules                          Reports of Committees
to take up at this time the following House Concurrent Resolutions
just received from the House which were taken up, read a first and             The following reports of committees were received and read:
second time by their titles and acted upon as follows:
                                                                                          REPORT OF COMMITTEE ON

                                                                                                      FINANCE
46th DAY'S PROCEEDINGS                                                                                  Page 49 SENATE
                                                                                                                          June 20, 2003
    Senator Dardenne, Chairman on behalf of the Committee on                   of Louisiana"; to provide for interest; to provide for court costs;
Finance, submitted the following report:                                       and to provide for related matters.
                            June 19, 2003                                      Reported with amendments.
     To the President and Members of the Senate:                          HOUSE BILL NO. 88—
                                                                               BY REPRESENTATIVES STRAIN, NEVERS, POWELL, SCHWEGMANN,
                                                                               SHAW, FLAVIN, GUILLORY, JOHNS, LANCASTER, JOHN SMITH,
     I am directed by your Committee on Finance to submit the                  WADDELL, WALKER, WINSTON, AND WOOTON AND SENATORS
following report:                                                              DUPRE, GAUTREAUX, ADLEY, CAIN, ROMERO, AND THEUNISSEN
                                                                                                        AN ACT
SENATE CONCURRENT RESOLUTION NO. 114—                                     To amend and reenact R.S. 27:392(B)(2)(b) and (3) through (6) and
     BY SENATOR MOUNT                                                         to enact R.S. 27:392(B)(7), relative to the Pari-mutuel Live
              A CONCURRENT RESOLUTION                                         Racing Facility Economic Redevelopment and Gaming Control
To memorialize the Congress of the United States to continue                  Act; to provide for the distribution of certain revenues; to make
   funding of AmeriCorps programs in Louisiana.                               certain technical corrections; to establish the Equine Health
                                                                              Studies Program Fund in the state treasury; to provide for a
     Reported favorably.                                                      portion of the monies in the Pari-mutuel Live Racing Facility
                                                                              Gaming Control Fund to be deposited into the Equine Health
HOUSE BILL NO. 61—                                                            Studies Program Fund; to provide for the use of the monies in
     BY REPRESENTATIVE LANCASTER
                             AN ACT                                           such fund; to provide for an effective date; and to provide for
To appropriate funds out of the General Fund of the state of                  related matters.
    Louisiana for Fiscal Year 2003-2004 to be used to pay the
    consent judgment in the suit entitled "Wayne B. Posey v.                   Reported with amendments.
    Department of Transportation and Development for the State of
    Louisiana, and Aluminum Company of America, Inc."; to                 HOUSE BILL NO. 159—
                                                                               BY REPRESENTATIVE ERDEY
    provide for interest; and to provide for related matters.                                          AN ACT
                                                                          To appropriate funds out of the General Fund of the state of
     Reported favorably.                                                      Louisiana for Fiscal Year 2003-2004 to be used to pay the
                                                                              judgment in the suit entitled "Mary E. Shackelford, et al v.
HOUSE BILL NO. 62—                                                            Cheryl A. Harris, et al c/w Cheryl A. Harris v. State of
     BY REPRESENTATIVE GALLOT
                            AN ACT                                            Louisiana, Department of Transportation and Development"; to
To appropriate funds out of the General Fund of the state of                  provide for interest and court costs; and to provide for related
    Louisiana for Fiscal Year 2003-2004 to be used to pay the                 matters.
    consent judgment in the suit entitled "Paula Jo Odom v. State of
    Louisiana, through the Louisiana Department of Transportation              Reported favorably.
    and Development"; to provide for court costs; and to provide for
    related matters.                                                      HOUSE BILL NO. 202—
                                                                               BY REPRESENTATIVE FAUCHEUX
                                                                                                        AN ACT
     Reported favorably.                                                  To appropriate funds out of the General Fund of the state of
                                                                              Louisiana for Fiscal Year 2003-2004 to be used to pay the final
HOUSE BILL NO. 73—                                                            judgment in favor of J. Caldarera & Co., Inc. in the suit entitled
     BY REPRESENTATIVE BRUCE
                              AN ACT                                          "Sizeler Architects, et al v. State of Louisiana through the
To appropriate funds out of the General Fund of the state of                  Louisiana Stadium and Exposition District"; to provide for
    Louisiana for Fiscal Year 2003-2004 to be used to pay the final           interest; and to provide for related matters.
    judgment in the suit entitled "Thomas Adams, et ux v. The State
    of Louisiana through the Department of Transportation and                  Reported favorably.
    Development"; to provide for interest; to provide for court costs;
    and to provide for related matters.                                   HOUSE BILL NO. 237—
                                                                               BY REPRESENTATIVE CROWE
                                                                                                     AN ACT
     Reported favorably.                                                  To appropriate funds out of the General Fund of the state of
                                                                              Louisiana for Fiscal Year 2003-2004 to be used to pay the
HOUSE BILL NO. 74—                                                            consent judgment in the suit entitled "Gladys Breland and
     BY REPRESENTATIVE ROMERO
                             AN ACT                                           Kenneth Breland v. David A. McKenzie, Aleman's Auto Sales,
To appropriate funds out of the General Fund of the state of                  Inc., Herbert McKenzie Auto Sales, Canal Indemnity Insurance
    Louisiana for Fiscal Year 2003-2004 to be used to pay the                 Company, First Oak Brook Syndicate, and Louisiana
    consent judgment in the suit entitled "Dora Salazar, et al v. State       Department of Transportation and Development"; and to provide
    of Louisiana, Department of Transportation and Development";              for related matters.
    and to provide for related matters.
                                                                               Reported favorably.
     Reported favorably.
                                                                          HOUSE BILL NO. 274—
                                                                               BY REPRESENTATIVE WALKER
HOUSE BILL NO. 79—                                                                                     AN ACT
     BY REPRESENTATIVE BRUNEAU
                              AN ACT                                      To appropriate funds out of the General Fund of the state of
To appropriate funds out of the General Fund of the state of                  Louisiana for Fiscal Year 2003-2004 to be used to pay certain
    Louisiana for Fiscal Year 2003-2004 to be used to pay the final           judgments against the state; to pay the judgments rendered in
    judgment in the suit entitled "Ralph Buras v. Darryl M. Schultz,          "Mary A. Brouillette v. Gilchrist Construction Company and the
    Judges of Orleans Parish Criminal District Court and the State            state of Louisiana through the Department of Transportation and
                                                                              Development" c/w Billy Hendrix, et al v. Gilchrist Construction
Page 50 SENATE                                                                            46th DAY'S PROCEEDINGS
June 20, 2003
     Company, et al; to pay the consent judgments in "Janice Marie      HOUSE BILL NO. 798—
     Miller, et ux and Amanda Heather Belgard, et ux v. State of             BY REPRESENTATIVE PERKINS
     Louisiana, through the Department of Transportation and                                       AN ACT
     Development"; to provide for interest; to provide for costs; and   To appropriate funds out of the General Fund of the state of
     to provide for related matters.                                        Louisiana to be used to pay the consent judgment in the suit
                                                                            entitled "Linda Berthelot v. Linda F. Jones, and State of
     Reported favorably.                                                    Louisiana, through the Department of Transportation and
                                                                            Development"; to provide for interest; and to provide for related
HOUSE BILL NO. 275—                                                         matters.
     BY REPRESENTATIVE ALARIO
                              AN ACT                                         Reported favorably.
To appropriate funds out of the General Fund of the state of
    Louisiana for Fiscal Year 2003-2004 to be used to pay the final     HOUSE BILL NO. 831—
    judgment in the suit entitled "Sizeler Architects, A Professional        BY REPRESENTATIVE LEBLANC
    Corporation, and J. Caldarera Company, Inc. v. The State of                                       AN ACT
    Louisiana through the Louisiana Stadium and Exposition              To appropriate funds out of the General Fund of the state of
    District"; to provide for interest; and to provide for related          Louisiana for Fiscal Year 2003-2004 to be used to pay the final
    matters.                                                                judgment in the suit entitled "Christine Vallien, Individually, on
                                                                            behalf of the estate of her husband, Leonard C. Vallien, and on
     Reported favorably.                                                    behalf of her minor children, Joy Renee Vallien, Tiffany
                                                                            Rochelle Vallien, and Leonard C. Vallien, Jr. v. State of
HOUSE BILL NO. 289—                                                         Louisiana through the Department of Transportation and
     BY REPRESENTATIVE TUCKER                                               Development"; to pay the consent judgment in "Kim Fitch, et al.
                             AN ACT                                         v. Eddie Lewis, et al."; and to pay the consent judgment in "Kim
To appropriate funds out of the General Fund of the state of                Sonnier, et ux. v. Allstate Insurance Co., et al." to provide for
    Louisiana for Fiscal Year 2003-2004 to be used to pay the               interest; to provide for court costs; and to provide for related
    consent judgment in the suit entitled "Cassandra Fontenette v.          matters.
    State of Louisiana through the Department of Transportation and
    Development and ABC Insurance Company"; and to provide for               Reported with amendments.
    related matters.
                                                                        HOUSE BILL NO. 838—
     Reported favorably.                                                     BY REPRESENTATIVE QUEZAIRE
                                                                                                     AN ACT
HOUSE BILL NO. 305—                                                     To appropriate funds out of the General Fund of the state of
     BY REPRESENTATIVE CAZAYOUX                                             Louisiana for Fiscal Year 2003-2004 to be used to pay the
                          AN ACT                                            consent judgment in the suit entitled "Virgil Joffrion, Sr. v. The
To appropriate funds out of the General Fund of the state of                State of Louisiana, through the Department of Transportation
    Louisiana for Fiscal Year 2003-2004 to Ronald Tassin, to                and Development, consolidated with Joan Grissafe v. The State
    provide for reimbursement of his legal expenses.                        of Louisiana, through the Department of Transportation and
                                                                            Development"; and to provide for related matters.
     Reported favorably.
                                                                             Reported favorably.
HOUSE BILL NO. 371—
     BY REPRESENTATIVE FAUCHEUX                                         HOUSE BILL NO. 843—
                              AN ACT                                         BY REPRESENTATIVE FARRAR
To appropriate funds out of the General Fund of the state of                                         AN ACT
    Louisiana for Fiscal Year 2003-2004 to be used to pay the final     To appropriate funds out of the General Fund of the state of
    judgment in the suit entitled "Rhonda Johnson, on behalf of her         Louisiana for Fiscal Year 2003-2004 to be used to pay consent
    minor daughter, Renata Johnson v. Melvin Dumas, Sr., his                judgments against the state in the suits entitled "Ann Hickman,
    employer, St. James Catholic Church, and their liability                Douglas L. Hickman, and Emily Hickman v. State of Louisiana,
    insurance company, Virginia Surety Company, Randy Folse, and            through the Department of Transportation and Development";
    the Louisiana Department of Transportation and Development";            "Terry L. Westbrooks, et al. v. State of Louisiana, Department
    to provide for interest; to provide for costs; and to provide for       of Transportation and Development"; "Vickie Gayle Evans v.
    related matters.                                                        State of Louisiana, Department of Transportation and
                                                                            Development, et al."; "Bobby Allison v. Highlands Insurance
     Reported favorably.                                                    Company, et al."; "Billy Hendrix, et al. v. Gilchrist Construction
                                                                            Company, et al."; "Joseph Wiltz v. City of Alexandria Public
HOUSE BILL NO. 643—                                                         Works Division and Charlisle Contracting"; and "Melvin Smith
     BY REPRESENTATIVE BRUNEAU                                              and Lenora Smith v. State of Louisiana Department of
                           AN ACT                                           Transportation and Development, et al."; to provide for costs;
To appropriate funds out of the General Fund of the state of                and to provide for related matters.
    Louisiana for Fiscal Year 2003-2004 to be used to pay the
    consent judgment in the suit entitled "Nellie L. Smith, Mother           Reported favorably.
    of Tron E. Smith, Deceased v. State of Louisiana, through the
    Department of Transportation and Development"; and to provide       HOUSE BILL NO. 863—
    for related matters.                                                     BY REPRESENTATIVE DURAND
                                                                                                    AN ACT
     Reported favorably.                                                To appropriate funds out of the General Fund of the state of
                                                                            Louisiana for Fiscal Year 2003-2004 to be used to pay the
                                                                            consent judgment in the suit entitled "Alison Bond and Dennis
                                                                            W. Bond v. Blake E. Ewen, Kelley P. Ewen, State of Louisiana
                                                                            through the Department of Transportation and Development,
46th DAY'S PROCEEDINGS                                                                                Page 51 SENATE
                                                                                                                        June 20, 2003
     City of Baton Rouge/Parish of East Baton Rouge, Boston Old              through the Department of Transportation and Development"; to
     Colony Insurance Co., and ABC Insurance Company"; and to                provide for an effective date; and to provide for related matters.
     provide for related matters.
                                                                             Reported favorably.
     Reported favorably.
                                                                        HOUSE BILL NO. 938—
HOUSE BILL NO. 881—                                                          BY REPRESENTATIVE GARY SMITH
     BY REPRESENTATIVE ALARIO                                                                         AN ACT
                             AN ACT                                     To appropriate funds out of the General Fund of the state of
To appropriate funds out of the General Fund of the state of                Louisiana for Fiscal Year 2003-2004 to the Department of
    Louisiana for Fiscal Year 2003-2004 to be used to pay certain           Education, State Activities, for payment or reimbursement for
    judgments against the state; to pay the consent judgment in the         payment of legal expenses of James P. Dukes; to provide for an
    suit entitled "Louis Merhige v. Board of Commissioners for the          effective date; and to provide for related matters.
    East Jefferson Levee District, C. "Bud" Taulli Construction
    Company, Inc., Manual Anaya, The Transportation Insurance                Reported favorably.
    Company, Parish of Jefferson, and the Department of
    Transportation and Development, State of Louisiana"; to pay         HOUSE BILL NO. 984—
    the judgment in "Yvonne Updegraff v. State of Louisiana,                 BY REPRESENTATIVE SALTER
    through the Department of Transportation and Development"; to                                   AN ACT
    provide for interest; and to provide for related matters.           To appropriate funds out of the General Fund of the state of
                                                                            Louisiana to be used to pay the consent judgment in the suit
     Reported favorably.                                                    entitled "Lashondria Howard, et al. v. State of Louisiana, et al.
                                                                            consolidated with Julia Faye Hamilton Guice, et al. v. Zurich
HOUSE BILL NO. 882—                                                         American Insurance Company, et al., Lyndon Property
     BY REPRESENTATIVE ALARIO                                               Insurance Co., et al. v. Union Parish Police Jury, et al.,
                              AN ACT                                        consolidated with Darrell Foster, et al. v. State of Louisiana, et
To appropriate funds out of the General Fund of the state of                al."; to provide for court costs; and to provide for related
    Louisiana to be used to pay the consent judgment in the suit            matters.
    entitled "Louis Bravo, individually, and for and on behalf of the
    community of acquets and gains, and Betty Bravo v. Parish of             Reported favorably.
    Jefferson, Board of Commissioners for the East Jefferson Levee
    District, C."Bud" Taulli Construction Company, Inc., Manual         HOUSE BILL NO. 1075—
    Anaya, and the XYZ Insurance Company"; to provide for                    BY REPRESENTATIVES BROOME, MORRELL, AND MURRAY
    interest; and to provide for related matters.                                                     AN ACT
                                                                        To enact R.S. 17:421.9, relative to public school social workers; to
     Reported favorably.                                                    provide a salary supplement for certain public school social
                                                                            workers who have acquired certification by the National
HOUSE BILL NO. 891—                                                         Association of Social Workers; to provide conditions and
     BY REPRESENTATIVE GALLOT                                               guidelines for receiving the supplement; to provide for payment;
                              AN ACT                                        to provide limitations; to provide definitions; to provide for
To appropriate funds out of the General Fund of the state of                effectiveness; and to provide for related matters.
    Louisiana for Fiscal Year 2003-2004 to be used to pay the
    consent judgment in the suit entitled "Regan Taylor, et al v.            Reported favorably.
    Rhett B. Price, et al"; and to provide for related matters.
                                                                        HOUSE BILL NO. 1095—
     Reported favorably.                                                     BY REPRESENTATIVE WRIGHT
                                                                                                     AN ACT
HOUSE BILL NO. 902—                                                     To appropriate funds out of the General Fund of the state of
     BY REPRESENTATIVE SCHNEIDER                                            Louisiana to be used to pay the consent judgment in the suit
                              AN ACT                                        entitled "Louis D. Cockerham, Sr. v. State of Louisiana,
To appropriate funds out of the General Fund of the state of                Department of Transportation and Development"; to provide for
    Louisiana for Fiscal Year 2003-2004 to be used to pay the final         court costs; and to provide for related matters.
    judgment in the suit entitled "David P. Lanasa, Clare P. Lanasa,
    for/on behalf of the Estate of Debra Ann Lanasa, and her minor           Reported favorably.
    child, Tommy Jonathan Lanasa v. Michele A. Harrison, Allstate
    Insurance Company, and the State of Louisiana through the           HOUSE BILL NO. 1139—
    Department of Transportation and Development, c/w Michele A.             BY REPRESENTATIVE ERDEY
    Harrison v. State of Louisiana through the Department of                                         AN ACT
    Transportation and Development"; to provide for interest; to        To appropriate funds out of the General Fund of the state of
    provide for court costs; and to provide for related matters.            Louisiana to be used to pay the consent judgment in the suit
                                                                            entitled "James E. Leonard, et al. v. State of Louisiana through
     Reported favorably.                                                    the Dept. of Transportation and Development"; to provide for
                                                                            costs; and to provide for related matters.
HOUSE BILL NO. 934—
     BY REPRESENTATIVE BROOME                                                Reported favorably.
                            AN ACT
To appropriate funds out of the General Fund of the state of            HOUSE BILL NO. 1176—
    Louisiana for Fiscal Year 2003-2004 to be used to pay the                BY REPRESENTATIVE DOWNER
    consent judgment in the suit entitled "Latasha Butler,                                           AN ACT
    Individually and as Administratrix of the Estate of Her Minor       To appropriate funds out of the General Fund of the state of
    Children, Tamara Butler and Lexie Butler v. State of Louisiana,         Louisiana to be used to pay the consent judgment in the suit
                                                                            entitled "Troy A. Rousse, et al. v. State of Louisiana, through the
Page 52 SENATE                                                                           46th DAY'S PROCEEDINGS
June 20, 2003
    Department of Transportation and Development, et al."; and to          Transportation and Development"; and to provide for related
    provide for related matters.                                           matters.
    Reported favorably.                                                    Reported with amendments.
HOUSE BILL NO. 1239—                                                  HOUSE BILL NO. 1285—
    BY REPRESENTATIVE FRITH                                                BY REPRESENTATIVE DOWNER
                             AN ACT                                                                AN ACT
To appropriate funds out of the General Fund of the state of          To appropriate funds out of the General Fund of the state of
    Louisiana for Fiscal Year 2003-2004 to be used to pay the             Louisiana to be used to pay the amended judgment in the claim
    consent judgment in the suit entitled "Gwendolyn Derouen, Brad        against the state entitled "National Beverage Company v.
    Lee Derouen, Wendy Lynn Guidry and Kurt Lee Derouen v.                Secretary, Department of Revenue and Taxation, State of
    State of Louisiana, Department of Transportation and                  Louisiana"; and to provide for related matters.
    Development"; and to provide for related matters.
                                                                           Reported favorably.
    Reported favorably.
                                                                      HOUSE BILL NO. 1286—
HOUSE BILL NO. 1247—                                                       BY REPRESENTATIVE DIEZ
    BY REPRESENTATIVE MURRAY                                                                        AN ACT
                             AN ACT                                   To amend and reenact R.S. 39:1482(A)(1), relative to state contracts
To appropriate funds out of the General Fund of the state of              for professional, personal, consulting, and social services; to
    Louisiana for Fiscal Year 2003-2004 to be used to pay consent         exempt certain consulting service contracts relating to
    judgments in the suits against the state entitled "Thelonious         acquisition of rights-of-way from certain requirements related to
    Dukes v. The State of Louisiana Department of Transportation          consulting contract procurements; to provide for an effective
    and Development"; "Virginia Serpas v. the State of Louisiana,         date; and to provide for related matters.
    through the Department of Transportation and Development";
    and "Anna Landry v. State of Louisiana through the Department          Reported favorably.
    of Transportation and Development"; to provide for interest; to
    provide for costs; and to provide for related matters.            HOUSE BILL NO. 1290—
                                                                           BY REPRESENTATIVE TOWNSEND
    Reported favorably.                                                                             AN ACT
                                                                      To appropriate funds out of the General Fund of the state of
HOUSE BILL NO. 1248—                                                      Louisiana to be used to pay certain judgments against the state;
    BY REPRESENTATIVES HUTTER AND ODINET                                  to pay the judgments in the suits entitled "Jonelle Clark v. Julie
                           AN ACT                                         B. Roy, Allstate Insurance Company and State of Louisiana
To appropriate funds out of the General Fund of the state of              through the Department of Transportation and Development";
    Louisiana to be used to pay the consent judgment in the suit          "Joe Farley, Jr., Mary Ann Farley Brooks, Rosetta Farley
    entitled "Evelyn Deffes v. State of Louisiana through the             Fontenot, Elma Farley Alexander, Matthew Farley, Mose Farley,
    Department of Transportation and Development"; and to provide         Henry E. Farley, Brenda Farley, Ollie Mae Farley Bell, and
    for related matters.                                                  Robert L. Farley v. State of Louisiana, Department of
                                                                          Transportation and Development, et al."; "Lisa M. John v.
    Reported favorably.                                                   Rodney G. Freeman, Financial Indemnity Insurance, Valerie J.
                                                                          Hill, Progressive Security Insurance Co., and State of Louisiana,
HOUSE BILL NO. 1249—                                                      through the Department of Transportation and Development";
    BY REPRESENTATIVE ROMERO                                              "Rosemount, Inc. v. Secretary, Department of Revenue, State of
                            AN ACT                                        Louisiana"; "Automatic Switch Company v. John Neely
To appropriate funds out of the General Fund of the state of              Kennedy, Secretary, Department of Revenue, State of
    Louisiana to be used to pay the consent judgment in the suit          Louisiana"; "Herman H. Boyett et ux v. State of Louisiana,
    entitled "Julaine C. LeBlanc, et al. v. State Farm Insurance          Etc."; "Joseph Roy Lyons, husband of/and Myra Leger Lyons,
    Company, et al."; and to provide for related matters.                 individually and on behalf of his minor children, Joseph Roy
                                                                          Lyons, Jr. and Andrew Robert Lyons v. State of Louisiana,
    Reported favorably.                                                   through the Department of Transportation and Development,
                                                                          Daimler/Chrysler Corporation, Southside Chrysler Corporation,
HOUSE BILL NO. 1261—                                                      d/b/a North Loop Dodge"; and "Brenda Whirl v. State of
    BY REPRESENTATIVE DANIEL                                              Louisiana, through the Department of Transportation and
                             AN ACT                                       Development, et al"; to provide for interest; to provide for costs;
To appropriate funds out of the General Fund of the state of              and to provide for related matters.
    Louisiana for Fiscal Year 2003-2004 to be used to pay certain
    judgments against the state; to pay the consent judgment in            Reported with amendments.
    "Kasey J. Kidder v. State of Louisiana, through the Department
    of Transportation and Development"; to pay the consent            HOUSE BILL NO. 1304—
    judgment in "Louisiana United Businesses Self Insured Fund v.          BY REPRESENTATIVES STELLY, FLAVIN, GUILLORY, JOHNS, AND
    the State of Louisiana, Department of Transportation                   MORRISH AND SENATORS CAIN, MOUNT, AND THEUNISSEN
    consolidated with David L. Blount v. the State of Louisiana,                                    AN ACT
    through the Department of Transportation and Development"; to     To amend and reenact R.S. 27:392(B)(2)(b), (3)(b) and (c), (4), and
    pay the consent judgment in "Patrick Outlaw v. State of               (5), relative to the distribution of revenues derived under the
    Louisiana, through the Department of Transportation and               Pari-mutuel Live Racing Facility Economic Redevelopment and
    Development, et al"; to pay the consent judgments in "Don             Gaming Control Act; to provide for the distribution of such
    Gross, individually and as natural tutor of his minor children,       revenues in Calcasieu Parish; to make certain technical
    Don Terrell Spears and Adarian Dante Spears, and Mitchell             corrections; to provide for an effective date; and to provide for
    Dominic v. State of Louisiana, through the Department of              related matters.
46th DAY'S PROCEEDINGS                                                                                  Page 53 SENATE
                                                                                                                          June 20, 2003
     Reported with amendments.                                            HOUSE BILL NO. 1461—
                                                                               BY REPRESENTATIVE GARY SMITH
HOUSE BILL NO. 1314—                                                                                    AN ACT
     BY REPRESENTATIVE DEVILLIER                                          To appropriate funds out of the General Fund of the state of
                             AN ACT                                           Louisiana for Fiscal Year 2003-2004 to be used to pay certain
To appropriate funds out of the General Fund of the state of                  judgments against the state; to pay the consent judgment in the
    Louisiana to be used to pay certain judgments against the state;          suit entitled "Levar Green, et al. v. Department of Transportation
    to pay certain judgments against the state; to pay the consent            and Development, et al."; to pay the consent judgment in the suit
    judgment in the suit entitled "McKinley Thompson v. State of              entitled "John Kolwe and Sheila Kolwe v. State of Louisiana,
    Louisiana through the Department of Transportation and                    through the Department of Transportation and Development"; to
    Development and East Feliciana Parish Sheriff's Office"; to pay           pay the final judgment in "Mathilda Curry v. Mutual Services
    the consent judgment in the suit entitled "Curtis K. Stafford, Jr.,       Casualty Insurance Co., Hung Vu, and Department of
    Bonnie Bridges Stafford and Kendall R. Stafford v. State Farm             Transportation and Development, State of Louisiana"; to
    Mutual Automobile Insurance Company and State of Louisiana,               provide for interest; to provide for costs; to provide for an
    through the Department of Transportation and Development"; to             effective date; and to provide for related matters.
    pay the consent judgment in the suit entitled "Curtis K. Stafford,
    Jr., Bonnie Bridges Stafford and Kendall R. Stafford v. State              Reported favorably.
    Farm Mutual Automobile Insurance Company and State of
    Louisiana, through the Department of Transportation and               HOUSE BILL NO. 1481—
    Development; and to provide for related matters.                           BY REPRESENTATIVE LANCASTER
                                                                                                        AN ACT
     Reported favorably.                                                  To appropriate funds out of the General Fund of the state of
                                                                              Louisiana for Fiscal Year 2003-2004 to be used to pay certain
HOUSE BILL NO. 1317—                                                          judgments against the state; to pay the consent judgment in the
     BY REPRESENTATIVE BROOME                                                 suit entitled "Carl Walther, et al. v. Department of Labor and
                             AN ACT                                           Department of State Civil Service"; to pay the consent judgment
To enact R.S. 17:421.9, relative to public school speech-language             in the suit entitled "Justin Phillips, et al. v. Elwood Matherne,
    pathologists and audiologists; to provide a salary supplement for         Jr., et al."; to pay the consent judgment in the suit entitled
    certain public school speech-language pathologists and                    "Gramercy Insurance Company v. Louisiana Department of
    audiologists who have acquired certification by the American              Economic Development, Louisiana Small Business Bonding
    Speech-Language Hearing Association; to provide conditions                Assistance Program and Hibernia National Bank"; to pay certain
    and guidelines for receiving the supplement; to provide                   judgments of the Board of Tax Appeals in the claims of
    limitations; to provide procedures for payment of such                    "Newpark Environmental Services, Inc. v. State of Louisiana";
    supplement; to provide definitions; to provide for effectiveness;         to provide for interest; and to provide for related matters.
    and to provide for related matters.
                                                                               Reported favorably.
     Reported favorably.
                                                                          HOUSE BILL NO. 1518—
HOUSE BILL NO. 1335—                                                           BY REPRESENTATIVE LANDRIEU
     BY REPRESENTATIVE R. CARTER                                                                        AN ACT
                            AN ACT                                        To appropriate funds out of the General Fund of the state of
To appropriate funds out of the General Fund of the state of                  Louisiana for Fiscal Year 2003-2004 to be used to pay certain
    Louisiana for Fiscal Year 2003-2004 to be used to pay the                 judgments against the state for fees and costs associated with
    consent judgment in the suit entitled "Keith E. Ridgel and Tara           legal representation of certain juveniles; to provide for interest;
    Ridgel v. Emile G. Hardin, ABC Insurance Company, Illinois                to provide for an effective date; and to provide for related
    Central Railroad Company d/b/a Canadian National/Illinois                 matters.
    Central Railroad, DEF Insurance Company, and the State of
    Louisiana through the Department of Transportation and                     Reported favorably.
    Development"; and to provide for related matters.
                                                                          HOUSE BILL NO. 1622—
     Reported favorably.                                                       BY REPRESENTATIVE LAFLEUR
                                                                                                        AN ACT
HOUSE BILL NO. 1369—                                                      To appropriate funds out of the General Fund of the state of
     BY REPRESENTATIVE M. JACKSON                                             Louisiana to be used to pay the consent judgment in the suit
                             AN ACT                                           entitled "Derrick Shane Miller v. State of Louisiana through the
To appropriate funds out of the General Fund of the state of                  Department of Transportation and Development and Prairie
    Louisiana for Fiscal Year 2003-2004 to be used to pay consent             Construction Company"; to provide for costs; to provide for an
    judgments in the suits against the state entitled "Nakisha Rogers         effective date; and to provide for related matters.
    v. Kenyatta Thomas, Allstate Insurance Company and the State
    of Louisiana through the Department of Transportation and                  Reported favorably.
    Development"; "Kenyatta Thomas v. the State of Louisiana,
    through the Department of Transportation and Development";            HOUSE BILL NO. 1651—
    and "Wiley Boyett, Elaine Boyett Rachal, Roger Van Boyett and              BY REPRESENTATIVE LANDRIEU AND SENATOR JOHNSON
    Debra Boyett Allen v. Kemper Insurance Group, et al."; to                                          AN ACT
    provide for costs; and to provide for related matters.                To appropriate funds out of the General Fund of the state of
                                                                              Louisiana for Fiscal Year 2003-2004 to be used to pay certain
     Reported favorably.                                                      judgments against the state; to pay the final judgment in the suit
                                                                              entitled "Darlene Rogers and Carol Barnes v. State of Louisiana,
                                                                              through the Department of Transportation and Development"; to
                                                                              pay the final judgment in the suit entitled "William W. Rosen v.
                                                                              State of Louisiana through the Department of Transportation and
                                                                              Development, ABC Construction Company, and ABC Insurance
Page 54 SENATE                                                                             46th DAY'S PROCEEDINGS
June 20, 2003
     Company"; to pay the consent judgment in the suit entitled               other courts; to provide for an effective date; and to provide for
     "Michael Perry v. the State of Louisiana, through the                    related matters.
     Department of Transportation and Development and Parish of
     St. Bernard;" to pay the consent judgment in the suit entitled           Reported with amendments.
     "William Serigne v. State of Louisiana, through the Department
     of Transportation and Development, et al.;" to pay the consent      HOUSE BILL NO. 1792—
     judgment in the suit entitled "Jerry L. Fox v. Alton B.                  BY REPRESENTATIVE HUDSON
     Honeycutt, et al.;" to pay the consent judgment in "Tina Marie                                     AN ACT
     Hebert v. Robert Metzler, Barriere Construction Co., Inc., St.      To appropriate funds out of the General Fund of the state of
     Paul Fire & Marine Insurance Company and Atlanta Casualty               Louisiana for Fiscal Year 2003-2004 to be used to pay certain
     Companies"; to provide for interest; to provide for costs; and to       consent judgments against the state; to pay the consent judgment
     provide for related matters.                                            in the suit entitled "Joseph Powell v. State of Louisiana, through
                                                                             the Department of Transportation and Development"; to pay the
     Reported favorably.                                                     consent judgment in the suit entitled "Nelda Powell v. State of
                                                                             Louisiana, through the Department of Transportation and
HOUSE BILL NO. 1654—                                                         Development"; and to provide for related matters.
     BY REPRESENTATIVE LAFLEUR
                              AN ACT                                          Reported favorably.
To appropriate funds out of the General Fund of the state of
    Louisiana to be used to pay certain judgments against the state;     HOUSE BILL NO. 1858—
    to pay the consent judgments in the suits entitled "Kerry Kathryn         BY REPRESENTATIVES LEBLANC, LAFLEUR, MURRAY, AND WELCH
    Gordon Benoit and Breanna Hope Benoit v. The Hartford                                             AN ACT
    Casualty Insurance, et al."; "Betty Frady Huddleston v. State of     To enact R.S. 17:419.2, relative to school support personnel; to
    Louisiana, Department of Transportation and Development;                 provide for extra compensation paid by the state for school
    "Dorothy Calico and Kelly Calico v. Angelo Iafrate, Louisiana            support personnel; to provide for the amount to be distributed to
    Department of Transportation and Development, ABC                        each employee; to provide for an effective date; and to provide
    Contracting Company, DEF Insurance Company and XYZ                       for related matters.
    Insurance Company; "Dale Rice, individually and on behalf of
    Jonathan T. Rice v. Zulema VA. Miller, Johnny C. Miller, the              Reported favorably.
    Parish of East Feliciana, the State of Louisiana through the
    Department       of    Transportation      and      Development,     HOUSE BILL NO. 1873—
                                                                              BY REPRESENTATIVE JOHN SMITH
    Transcontinental Pipeline Gas Company and XYZ Insurance
    Company"; "Linda Rainey, as the tutor of Kody Michel v. State                                     AN ACT
    of Louisiana, Department of Transportation and Development           To appropriate funds out of the General Fund of the state of
    and Department of Public Works; the Parish of St. Tammany;               Louisiana for Fiscal Year 2003-2004 to be used to pay the
    Town of Abita Springs; Wal-Mart, Inc., and XYZ Engineering               consent judgments in the suits entitled "Albert J. Rohlfs and
    Company"; and "Pique-Weinstein-Pique-Architects, Inc. v.                 Helen M. Rohlfs v. Great West Casualty Co., et al" and "James
    Louisiana Stadium and Exposition District"; to provide for               Luther, et ux. v. Janie Audra Mason, et al."; and to provide for
    interest; to provide for court costs; to provide for an effective        related matters.
    date; and to provide for related matters.
                                                                              Reported favorably.
     Reported with amendments.
                                                                         HOUSE BILL NO. 1875—
                                                                              BY REPRESENTATIVES DEWITT, BRUNEAU, LANCASTER, LEBLANC,
HOUSE BILL NO. 1673—                                                          AND HUNTER AND SENATORS HAINKEL, LAMBERT, BARHAM,
     BY REPRESENTATIVE LAFLEUR                                                DARDENNE, AND ULLO
                            AN ACT                                                                     AN ACT
To appropriate funds out of the General Fund of the state of             To appropriate the sum of Fifty-two Million Nine Hundred Forty
    Louisiana to be used to pay the consent judgment in the suit             Thousand One Hundred Twenty-Nine and No/100
    entitled "Natalie Ortego v. Crowell Lumber Company and St.               ($52,940,129.00) Dollars, or so much thereof as may be
    Paul Fire and Marine Insurance Company"; to provide for costs;           necessary, out of the state general fund and the sum of Three
    to provide for an effective date; and to provide for related             Hundred Fifty Thousand and No/100 ($350,000.00) Dollars out
    matters.                                                                 of the state general fund to provide for the Legislative Auditor
                                                                             Ancillary Enterprise Fund, and the sum of Eight Million Nine
     Reported favorably.                                                     Hundred Thirteen Thousand Nine Hundred Eighty-eight and
                                                                             No/100 ($8,913,988.00) Dollars out of self-generated funds, to
HOUSE BILL NO. 1742—                                                         defray the expenses of the Louisiana Legislature, including the
     BY REPRESENTATIVE HUTTER                                                expenses of the House of Representatives and the Senate, of
                              AN ACT                                         legislative service agencies, and of the Louisiana State Law
To appropriate funds out of the General Fund of the state of                 Institute; to provide with respect to appropriations to certain
    Louisiana to be used to pay the consent judgment in the suit             entities within the Department of Public Safety and Corrections;
    entitled "Walter Diggs, Jr., husband of/and Mary Diggs v.                and otherwise to provide with respect to the appropriations and
    Louisiana Department of Transportation and Development"; to              allocations herein made.
    provide for an effective date; and to provide for related matters.
                                                                              Reported favorably.
     Reported favorably.
                                                                         HOUSE BILL NO. 1918—
HOUSE BILL NO. 1781—                                                          BY REPRESENTATIVE DOWNS
     BY REPRESENTATIVES LEBLANC, DEWITT, AND TOWNSEND                                                  AN ACT
                            AN ACT                                       To amend and reenact R.S. 40:1849(D)(5), relative to the Liquefied
To appropriate funds to defray the expenses of the Louisiana                 Petroleum Gas Commission Rainy Day Fund; to provide for use
    Judiciary, including the Supreme Court, Courts of Appeal,                of certain monies in the fund; and to provide for related matters.
    District Courts, Criminal District Court of Orleans Parish, and
46th DAY'S PROCEEDINGS                                                                                  Page 55 SENATE
                                                                                                                          June 20, 2003
     Reported favorably.                                                  HOUSE BILL NO. 62—
                                                                               BY REPRESENTATIVE GALLOT
HOUSE BILL NO. 1919—                                                                                   AN ACT
     BY REPRESENTATIVE SCHWEGMANN                                         To appropriate funds out of the General Fund of the state of
                             AN ACT                                           Louisiana for Fiscal Year 2003-2004 to be used to pay the
To amend and reenact R.S. 46:2633(D)(1) and 2634(D)(1), relative              consent judgment in the suit entitled "Paula Jo Odom v. State of
    to the Traumatic Head and Spinal Cord Injury Trust Fund                   Louisiana, through the Louisiana Department of Transportation
    Advisory Board; to provide for use of monies in the Traumatic             and Development"; to provide for court costs; and to provide for
    Head and Spinal Cord Injury Trust Fund; to provide for                    related matters.
    reimbursement of members' necessary travel expenses; and to
    provide for related matters.                                               Reported favorably by the Committee on Finance. Under the
                                                                          provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
     Reported favorably.                                                  read by title and referred to the Legislative Bureau.
HOUSE BILL NO. 1953—                                                      HOUSE BILL NO. 73—
     BY REPRESENTATIVE ARNOLD                                                  BY REPRESENTATIVE BRUCE
                              AN ACT                                                                    AN ACT
To appropriate funds out of the General Fund of the state of              To appropriate funds out of the General Fund of the state of
    Louisiana for Fiscal Year 2003-2004 to be used to pay the                 Louisiana for Fiscal Year 2003-2004 to be used to pay the final
    consent judgments in the suits entitled "Leora Gernados, et al v.         judgment in the suit entitled "Thomas Adams, et ux v. The State
    Toby E. Vallian and the Department of Transportation and                  of Louisiana through the Department of Transportation and
    Development" and "Terri C. Gernados v. Toby E. Vallian, et                Development"; to provide for interest; to provide for court costs;
    al."; and to provide for related matters.                                 and to provide for related matters.
     Reported favorably.                                                       Reported favorably by the Committee on Finance. Under the
                                                                          provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
HOUSE BILL NO. 1983—                                                      read by title and referred to the Legislative Bureau.
     BY REPRESENTATIVE MCDONALD
                              AN ACT                                      HOUSE BILL NO. 74—
To appropriate funds out of the General Fund of the state of                   BY REPRESENTATIVE ROMERO
    Louisiana for Fiscal Year 2003-2004 to be used to pay certain                                      AN ACT
    judgments against the state; to pay the judgment in the suit          To appropriate funds out of the General Fund of the state of
    entitled "Stuart Hughes Smith, et ux. v. State of Louisiana,              Louisiana for Fiscal Year 2003-2004 to be used to pay the
    Department of Transportation and Development et al"; to pay               consent judgment in the suit entitled "Dora Salazar, et al v. State
    the judgment in the suit entitled "Marcus Ray Bennett v. Ford             of Louisiana, Department of Transportation and Development";
    Motor Company and State of Louisiana, Department of                       and to provide for related matters.
    Transportation and Development"; to pay the judgment in the
    suit entitled "The Estate of Gabriel Taylor Murray, et al v. State         Reported favorably by the Committee on Finance. Under the
    of Louisiana, Department of Transportation and Development";          provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
    and to provide for related matters.                                   read by title and referred to the Legislative Bureau.
     Reported favorably.                                                  HOUSE BILL NO. 79—
                                              Respectfully submitted,          BY REPRESENTATIVE BRUNEAU
                                                  JAY DARDENNE                                          AN ACT
                                                            Chairman      To appropriate funds out of the General Fund of the state of
                                                                              Louisiana for Fiscal Year 2003-2004 to be used to pay the final
             House Bills and Joint Resolutions                                judgment in the suit entitled "Ralph Buras v. Darryl M. Schultz,
                                                                              Judges of Orleans Parish Criminal District Court and the State
                   on Second Reading                                          of Louisiana"; to provide for interest; to provide for court costs;
                Reported by Committees                                        and to provide for related matters.
     Senator Dardenne asked for and obtained a suspension of the               Reported with amendments by the Committee on Finance.
rules to take up at this time the following House Bills and Joint
Resolutions just reported by Committees.                                             SENATE COMMITTEE AMENDMENTS
HOUSE BILL NO. 61—                                                        Amendments proposed by Senate Committee on Finance to
     BY REPRESENTATIVE LANCASTER                                          Engrossed House Bill No. 79 by Representative Bruneau
                             AN ACT
To appropriate funds out of the General Fund of the state of              AMENDMENT NO. 1
    Louisiana for Fiscal Year 2003-2004 to be used to pay the             On page 1, line 6, after "costs;" and before "and to" insert "to provide
    consent judgment in the suit entitled "Wayne B. Posey v.              for attorneys fees;"
    Department of Transportation and Development for the State of
    Louisiana, and Aluminum Company of America, Inc."; to                 AMENDMENT NO. 2
    provide for interest; and to provide for related matters.             On page 1, delete lines 8 and 9 in their entirety and insert the
                                                                          following:
     Reported favorably by the Committee on Finance. Under the                 "Section 1. The sum of Thirty-six Thousand Five Hundred
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was   Seventeen and 50/100 ($36,517.50) Dollars, plus interest from April
read by title and referred to the Legislative Bureau.                     4, 1997, until paid,"
                                                                          AMENDMENT NO. 3
Page 56 SENATE                                                                              46th DAY'S PROCEEDINGS
June 20, 2003
On page 1, line 11, after "Dollars" after the comma "," insert the        accordance with this Subsection. Monies in the fund shall be
following: "plus attorneys fees in the amount of thirty-five percent      invested in the same manner as monies in the state general fund.
(35%) as provided in the judgment,"                                       Interest earned on investment of monies in the fund shall be credited
                                                                          to the state general fund. Unexpended and unencumbered monies in
    On motion of Senator Dardenne, the committee amendment was            the fund at the end of each fiscal year shall remain in the fund.
adopted. Under the provisions of Joint Rule No. 3 of the Rules of the     Monies in the fund shall be appropriated and expended solely and
Senate, the amended bill was read by title and referred to the            exclusively to support the Southern University AgCenter programs.
Legislative Bureau.                                                            (d) Five hundred thousand dollars each fiscal year shall be
                                                                          deposited in and credited to the University of Louisiana, Monroe
HOUSE BILL NO. 88—                                                        School of Pharmacy Program Fund, which is hereby established in
     BY REPRESENTATIVES STRAIN, NEVERS, POWELL, SCHWEGMANN,               the state treasury. Monies in the fund shall be withdrawn from the
     SHAW, FLAVIN, GUILLORY, JOHNS, LANCASTER, JOHN SMITH,                treasury only by appropriations made in accordance with this
     WADDELL, WALKER, WINSTON, AND WOOTON AND SENATORS
     DUPRE, GAUTREAUX, ADLEY, CAIN, ROMERO, AND THEUNISSEN                Subsection. Monies in the fund shall be invested in the same manner
                              AN ACT                                      as monies in the state general fund. Interest earned on investment of
To amend and reenact R.S. 27:392(B)(2)(b) and (3) through (6) and         monies in the fund shall be credited to the state general fund.
    to enact R.S. 27:392(B)(7), relative to the Pari-mutuel Live          Unexpended and unencumbered monies in the fund at the end of each
    Racing Facility Economic Redevelopment and Gaming Control             fiscal year shall remain in the fund. Monies in the fund shall be
    Act; to provide for the distribution of certain revenues; to make     appropriated and expended solely and exclusively to support the
    certain technical corrections; to establish the Equine Health         pharmacy studies programs at the University of Louisiana School of
    Studies Program Fund in the state treasury; to provide for a          Pharmacy.
    portion of the monies in the Pari-mutuel Live Racing Facility              (e) One million dollars each fiscal year shall be deposited in and
    Gaming Control Fund to be deposited into the Equine Health            credited to the Department of Education Low Performing Schools
    Studies Program Fund; to provide for the use of the monies in         Fund, which is hereby established in the state treasury. Monies in the
    such fund; to provide for an effective date; and to provide for       fund shall be withdrawn from the treasury only by appropriations
    related matters.                                                      made in accordance with this Subsection. Monies in the fund shall
                                                                          be invested in the same manner as monies in the state general fund.
     Reported with amendments by the Committee on Finance.                Interest earned on investment of monies in the fund shall be credited
                                                                          to the state general fund. Unexpended and unencumbered monies in
           SENATE COMMITTEE AMENDMENTS                                    the fund at the end of each fiscal year shall remain in the fund.
                                                                          Monies in the fund shall be appropriated and expended solely and
Amendments proposed by Senate Committee on Finance to                     exclusively to provide funding for those public schools performing
Reengrossed House Bill No. 88 by Representative Strain                    at the lowest level in the accountability program."

AMENDMENT NO. 1                                                               On motion of Senator Dardenne, the committee amendment was
On page 6, delete lines 19 through 26 and on page 7, delete lines 1       adopted. Under the provisions of Joint Rule No. 3 of the Rules of the
through 6 and insert the following:                                       Senate, the amended bill was read by title and referred to the
     "(6) After complying with the provisions of Paragraphs (1)           Legislative Bureau.
through (5) of this Subsection and contingent upon the Revenue
Estimating Conference's recognition of revenues from the Bossier          HOUSE BILL NO. 159—
Parish horse racing facility in the Fiscal Year 2003-2004 official             BY REPRESENTATIVE ERDEY
forecast and in each fiscal year thereafter, the state treasurer shall                                 AN ACT
deposit in and credit the following amounts to the following special      To appropriate funds out of the General Fund of the state of
funds, which amounts shall be reduced on a pro rata basis if                  Louisiana for Fiscal Year 2003-2004 to be used to pay the
insufficient funds are available to fully fund each item:                     judgment in the suit entitled "Mary E. Shackelford, et al v.
     (a) One million five hundred thousand dollars each fiscal year           Cheryl A. Harris, et al c/w Cheryl A. Harris v. State of
shall be deposited in and credited to the Equine Health Studies               Louisiana, Department of Transportation and Development"; to
Program Fund, which is hereby established in the state treasury.              provide for interest and court costs; and to provide for related
Monies in the fund shall be withdrawn from the treasury only by               matters.
appropriations made in accordance with this Subsection. Monies in
the fund shall be invested in the same manner as monies in the state           Reported favorably by the Committee on Finance. Under the
general fund. Interest earned on investment of monies in the fund         provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
shall be credited to the state general fund. Unexpended and               read by title and referred to the Legislative Bureau.
unencumbered monies in the fund at the end of each fiscal year shall
remain in the fund. Monies in the fund shall be appropriated and          HOUSE BILL NO. 202—
                                                                               BY REPRESENTATIVE FAUCHEUX
expended solely and exclusively to support the Equine Health Studies                                    AN ACT
Program at the Louisiana State University School of Veterinary            To appropriate funds out of the General Fund of the state of
Medicine.                                                                     Louisiana for Fiscal Year 2003-2004 to be used to pay the final
     (b) Two million dollars each fiscal year shall be deposited in and       judgment in favor of J. Caldarera & Co., Inc. in the suit entitled
credited to the fund previously established by R.S. 3:277. These              "Sizeler Architects, et al v. State of Louisiana through the
proceeds shall be expended, utilizing any or all powers granted to the        Louisiana Stadium and Exposition District"; to provide for
Louisiana Agricultural Finance Authority, including the funding or            interest; and to provide for related matters.
securing of revenue bonds, exclusively for building, furnishing,
equipping and maintaining a building and related space on the Baton            Reported favorably by the Committee on Finance. Under the
Rouge campus of the Louisiana State University and Agricultural and       provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
Mechanical College to be used as the Louisiana Veterinary Medical         read by title and referred to the Legislative Bureau.
Diagnostic Laboratory within the School of Veterinary Medicine and
for analytical and diagnosis laboratories.
     (c) One million dollars each fiscal year shall be deposited in and
credited to the Southern University AgCenter Program Fund, which
is hereby established in the state treasury. Monies in the fund shall
be withdrawn from the treasury only by appropriations made in
46th DAY'S PROCEEDINGS                                                                                 Page 57 SENATE
                                                                                                                          June 20, 2003
HOUSE BILL NO. 237—                                                            Reported favorably by the Committee on Finance. Under the
     BY REPRESENTATIVE CROWE                                              provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
                           AN ACT                                         read by title and referred to the Legislative Bureau.
To appropriate funds out of the General Fund of the state of
    Louisiana for Fiscal Year 2003-2004 to be used to pay the             HOUSE BILL NO. 371—
    consent judgment in the suit entitled "Gladys Breland and                  BY REPRESENTATIVE FAUCHEUX
    Kenneth Breland v. David A. McKenzie, Aleman's Auto Sales,                                          AN ACT
    Inc., Herbert McKenzie Auto Sales, Canal Indemnity Insurance          To appropriate funds out of the General Fund of the state of
    Company, First Oak Brook Syndicate, and Louisiana                         Louisiana for Fiscal Year 2003-2004 to be used to pay the final
    Department of Transportation and Development"; and to provide             judgment in the suit entitled "Rhonda Johnson, on behalf of her
    for related matters.                                                      minor daughter, Renata Johnson v. Melvin Dumas, Sr., his
                                                                              employer, St. James Catholic Church, and their liability
     Reported favorably by the Committee on Finance. Under the                insurance company, Virginia Surety Company, Randy Folse, and
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was       the Louisiana Department of Transportation and Development";
read by title and referred to the Legislative Bureau.                         to provide for interest; to provide for costs; and to provide for
                                                                              related matters.
HOUSE BILL NO. 274—
     BY REPRESENTATIVE WALKER                                                  Reported favorably by the Committee on Finance. Under the
                             AN ACT                                       provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
To appropriate funds out of the General Fund of the state of              read by title and referred to the Legislative Bureau.
    Louisiana for Fiscal Year 2003-2004 to be used to pay certain
    judgments against the state; to pay the judgments rendered in         HOUSE BILL NO. 643—
    "Mary A. Brouillette v. Gilchrist Construction Company and the             BY REPRESENTATIVE BRUNEAU
    state of Louisiana through the Department of Transportation and                                  AN ACT
    Development" c/w Billy Hendrix, et al v. Gilchrist Construction       To appropriate funds out of the General Fund of the state of
    Company, et al; to pay the consent judgments in "Janice Marie             Louisiana for Fiscal Year 2003-2004 to be used to pay the
    Miller, et ux and Amanda Heather Belgard, et ux v. State of               consent judgment in the suit entitled "Nellie L. Smith, Mother
    Louisiana, through the Department of Transportation and                   of Tron E. Smith, Deceased v. State of Louisiana, through the
    Development"; to provide for interest; to provide for costs; and          Department of Transportation and Development"; and to provide
    to provide for related matters.                                           for related matters.
     Reported favorably by the Committee on Finance. Under the                 Reported favorably by the Committee on Finance. Under the
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was   provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
read by title and referred to the Legislative Bureau.                     read by title and referred to the Legislative Bureau.
HOUSE BILL NO. 275—                                                       HOUSE BILL NO. 798—
     BY REPRESENTATIVE ALARIO                                                  BY REPRESENTATIVE PERKINS
                              AN ACT                                                                 AN ACT
To appropriate funds out of the General Fund of the state of              To appropriate funds out of the General Fund of the state of
    Louisiana for Fiscal Year 2003-2004 to be used to pay the final           Louisiana to be used to pay the consent judgment in the suit
    judgment in the suit entitled "Sizeler Architects, A Professional         entitled "Linda Berthelot v. Linda F. Jones, and State of
    Corporation, and J. Caldarera Company, Inc. v. The State of               Louisiana, through the Department of Transportation and
    Louisiana through the Louisiana Stadium and Exposition                    Development"; to provide for interest; and to provide for related
    District"; to provide for interest; and to provide for related            matters.
    matters.
                                                                               Reported favorably by the Committee on Finance. Under the
     Reported favorably by the Committee on Finance. Under the            provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was   read by title and referred to the Legislative Bureau.
read by title and referred to the Legislative Bureau.
                                                                          HOUSE BILL NO. 831—
HOUSE BILL NO. 289—                                                            BY REPRESENTATIVE LEBLANC
     BY REPRESENTATIVE TUCKER                                                                           AN ACT
                             AN ACT                                       To appropriate funds out of the General Fund of the state of
To appropriate funds out of the General Fund of the state of                  Louisiana for Fiscal Year 2003-2004 to be used to pay the final
    Louisiana for Fiscal Year 2003-2004 to be used to pay the                 judgment in the suit entitled "Christine Vallien, Individually, on
    consent judgment in the suit entitled "Cassandra Fontenette v.            behalf of the estate of her husband, Leonard C. Vallien, and on
    State of Louisiana through the Department of Transportation and           behalf of her minor children, Joy Renee Vallien, Tiffany
    Development and ABC Insurance Company"; and to provide for                Rochelle Vallien, and Leonard C. Vallien, Jr. v. State of
    related matters.                                                          Louisiana through the Department of Transportation and
                                                                              Development"; to pay the consent judgment in "Kim Fitch, et al.
     Reported favorably by the Committee on Finance. Under the                v. Eddie Lewis, et al."; and to pay the consent judgment in "Kim
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was       Sonnier, et ux. v. Allstate Insurance Co., et al." to provide for
read by title and referred to the Legislative Bureau.                         interest; to provide for court costs; and to provide for related
                                                                              matters.
HOUSE BILL NO. 305—
     BY REPRESENTATIVE CAZAYOUX                                                Reported with amendments by the Committee on Finance.
                          AN ACT
To appropriate funds out of the General Fund of the state of                         SENATE COMMITTEE AMENDMENTS
    Louisiana for Fiscal Year 2003-2004 to Ronald Tassin, to
    provide for reimbursement of his legal expenses.                      Amendments proposed by Senate Committee on Finance to
                                                                          Engrossed House Bill No. 831 by Representative LeBlanc
Page 58 SENATE                                                                                46th DAY'S PROCEEDINGS
June 20, 2003
AMENDMENT NO. 1                                                                  and Development, consolidated with Joan Grissafe v. The State
On page 1, line 3, after "pay" and before "the final" insert "certain            of Louisiana, through the Department of Transportation and
judgments against the state and recommendations of the Board of Tax              Development"; and to provide for related matters.
Appeals; to pay"
                                                                                 Reported favorably by the Committee on Finance. Under the
AMENDMENT NO. 2                                                             provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
On page 1, line 10, after "et al." insert a semi-colon ";" and insert "to   read by title and referred to the Legislative Bureau.
pay the claim as recommended by the Board of Tax Appeals in
"Petroleum Helicopters, Inc. v. State of Louisiana"; to pay the             HOUSE BILL NO. 843—
consent judgment in "State Farm Mutual Automobile Insurance                      BY REPRESENTATIVE FARRAR
Company (Paula Payne) v. State of Louisiana, through the                                                 AN ACT
Department of Transportation and Development, et al."; to pay the           To appropriate funds out of the General Fund of the state of
consent judgment in "Shuntell L. Chaney, individually and as natural            Louisiana for Fiscal Year 2003-2004 to be used to pay consent
tutrix of her minor children, Johnathan Chaney, Justin Chaney, and              judgments against the state in the suits entitled "Ann Hickman,
Jasmine Drake v. State of Louisiana, through the Department of                  Douglas L. Hickman, and Emily Hickman v. State of Louisiana,
Transportation and Development"; to pay the consent judgment in                 through the Department of Transportation and Development";
"Ursell Spencer and Carolyn Spencer v. Union Pacific Railroad                   "Terry L. Westbrooks, et al. v. State of Louisiana, Department
Company, et al.";"                                                              of Transportation and Development"; "Vickie Gayle Evans v.
                                                                                State of Louisiana, Department of Transportation and
AMENDMENT NO. 3                                                                 Development, et al."; "Bobby Allison v. Highlands Insurance
On page 2, between lines 17 and 18, insert the following:                       Company, et al."; "Billy Hendrix, et al. v. Gilchrist Construction
     "Section 4. The sum of Two Hundred Fifty-four Thousand                     Company, et al."; "Joseph Wiltz v. City of Alexandria Public
Ninety-six and No/100 ($254,096.00) Dollars is hereby appropriated              Works Division and Charlisle Contracting"; and "Melvin Smith
out of the General Fund of the State of Louisiana for Fiscal Year               and Lenora Smith v. State of Louisiana Department of
2003-2004 to be used to pay the recommendation of the Board of Tax              Transportation and Development, et al."; to provide for costs;
Appeals in the suit entitled "Petroleum Helicopters, Inc. v. State of           and to provide for related matters.
Louisiana", bearing number 4342 on the docket of the Board of Tax
Appeals for the state of Louisiana.                                              Reported favorably by the Committee on Finance. Under the
     Section 5. The sum of Fourteen Thousand Sixty-Four and                 provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
41/100 ($14,064.41) Dollars is hereby appropriated out of the               read by title and referred to the Legislative Bureau.
General Fund of the state of Louisiana for Fiscal Year 2003-2004 to
be used to pay the consent judgment in "State Farm Mutual                   HOUSE BILL NO. 863—
                                                                                 BY REPRESENTATIVE DURAND
Automobile Insurance Company (Paula Payne) v. State of Louisiana,
through the Department of Transportation and Development, et al.",                                       AN ACT
bearing Number 16,707 on the docket of the Twentieth Judicial               To appropriate funds out of the General Fund of the state of
District Court, parish of West Feliciana, state of Louisiana.                   Louisiana for Fiscal Year 2003-2004 to be used to pay the
     Section 6. The sum of One Hundred Fifty-Six Thousand and                   consent judgment in the suit entitled "Alison Bond and Dennis
No/100 ($156,000.00) Dollars is hereby appropriated out of the                  W. Bond v. Blake E. Ewen, Kelley P. Ewen, State of Louisiana
General Fund of the state of Louisiana for Fiscal Year 2003-2004 to             through the Department of Transportation and Development,
be used to pay the consent judgment in "Shuntell L. Chaney,                     City of Baton Rouge/Parish of East Baton Rouge, Boston Old
individually and as natural tutrix of her minor children, Johnathan             Colony Insurance Co., and ABC Insurance Company"; and to
Chaney, Justin Chaney, and Jasmine Drake v. State of Louisiana,                 provide for related matters.
through the Department of Transportation and Development", bearing
Number 2001-003559 on the docket of the Twenty-first Judicial                    Reported favorably by the Committee on Finance. Under the
District Court, parish of Tangipahoa, state of Louisiana.                   provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
     Section 7. The sum of Ten Thousand and No/100 ($10,000.00)             read by title and referred to the Legislative Bureau.
Dollars is hereby appropriated out of the General Fund of the state of
Louisiana for Fiscal Year 2003-2004 to be used to pay the consent           HOUSE BILL NO. 881—
                                                                                 BY REPRESENTATIVE ALARIO
judgment in "Ursell Spencer and Carolyn Spencer v. Union Pacific                                         AN ACT
Railroad Company, et al.", bearing Number 95,933 on the docket of           To appropriate funds out of the General Fund of the state of
the Sixteenth Judicial District Court, parish of Iberia, state of               Louisiana for Fiscal Year 2003-2004 to be used to pay certain
Louisiana."                                                                     judgments against the state; to pay the consent judgment in the
                                                                                suit entitled "Louis Merhige v. Board of Commissioners for the
AMENDMENT NO. 4                                                                 East Jefferson Levee District, C. "Bud" Taulli Construction
On page 2, line 18, change "Section 4." to "Section 8."                         Company, Inc., Manual Anaya, The Transportation Insurance
                                                                                Company, Parish of Jefferson, and the Department of
AMENDMENT NO. 5                                                                 Transportation and Development, State of Louisiana"; to pay
On page 2, line 21, change "Section 5." to "Section 9."                         the judgment in "Yvonne Updegraff v. State of Louisiana,
                                                                                through the Department of Transportation and Development"; to
    On motion of Senator Dardenne, the committee amendment was                  provide for interest; and to provide for related matters.
adopted. Under the provisions of Joint Rule No. 3 of the Rules of the
Senate, the amended bill was read by title and referred to the                   Reported favorably by the Committee on Finance. Under the
Legislative Bureau.                                                         provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
                                                                            read by title and referred to the Legislative Bureau.
HOUSE BILL NO. 838—
     BY REPRESENTATIVE QUEZAIRE
                            AN ACT                                          HOUSE BILL NO. 882—
                                                                                 BY REPRESENTATIVE ALARIO
To appropriate funds out of the General Fund of the state of                                             AN ACT
    Louisiana for Fiscal Year 2003-2004 to be used to pay the               To appropriate funds out of the General Fund of the state of
    consent judgment in the suit entitled "Virgil Joffrion, Sr. v. The          Louisiana to be used to pay the consent judgment in the suit
    State of Louisiana, through the Department of Transportation                entitled "Louis Bravo, individually, and for and on behalf of the
46th DAY'S PROCEEDINGS                                                                                  Page 59 SENATE
                                                                                                                          June 20, 2003
     community of acquets and gains, and Betty Bravo v. Parish of         HOUSE BILL NO. 984—
     Jefferson, Board of Commissioners for the East Jefferson Levee            BY REPRESENTATIVE SALTER
     District, C."Bud" Taulli Construction Company, Inc., Manual                                      AN ACT
     Anaya, and the XYZ Insurance Company"; to provide for                To appropriate funds out of the General Fund of the state of
     interest; and to provide for related matters.                            Louisiana to be used to pay the consent judgment in the suit
                                                                              entitled "Lashondria Howard, et al. v. State of Louisiana, et al.
     Reported favorably by the Committee on Finance. Under the                consolidated with Julia Faye Hamilton Guice, et al. v. Zurich
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was       American Insurance Company, et al., Lyndon Property
read by title and referred to the Legislative Bureau.                         Insurance Co., et al. v. Union Parish Police Jury, et al.,
                                                                              consolidated with Darrell Foster, et al. v. State of Louisiana, et
HOUSE BILL NO. 892—                                                           al."; to provide for court costs; and to provide for related
     BY REPRESENTATIVE HAMMETT                                                matters.
                             AN ACT
To amend and reenact R.S. 51:2453(4) and to enact R.S.                         Reported favorably by the Committee on Finance. Under the
   47:6007(C)(4), relative to economic development incentives; to         provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
   provide that certain out-of-state employees locating in Louisiana      read by title and referred to the Legislative Bureau.
   qualify as "new direct jobs" when determining the amount of
   rebates under the Quality Jobs Rebate Program; to provide              HOUSE BILL NO. 1075—
   relative to certain transactions of motion picture investors; to            BY REPRESENTATIVES BROOME, MORRELL, AND MURRAY
   provide for an effective date; and to provide for related matters.                                   AN ACT
                                                                          To enact R.S. 17:421.9, relative to public school social workers; to
     Reported favorably by the Committee on Finance. Under the                provide a salary supplement for certain public school social
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was       workers who have acquired certification by the National
read by title and referred to the Legislative Bureau.                         Association of Social Workers; to provide conditions and
                                                                              guidelines for receiving the supplement; to provide for payment;
HOUSE BILL NO. 902—                                                           to provide limitations; to provide definitions; to provide for
     BY REPRESENTATIVE SCHNEIDER                                              effectiveness; and to provide for related matters.
                              AN ACT
To appropriate funds out of the General Fund of the state of                   Reported favorably by the Committee on Finance. Under the
    Louisiana for Fiscal Year 2003-2004 to be used to pay the final       provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
    judgment in the suit entitled "David P. Lanasa, Clare P. Lanasa,      read by title and referred to the Legislative Bureau.
    for/on behalf of the Estate of Debra Ann Lanasa, and her minor
    child, Tommy Jonathan Lanasa v. Michele A. Harrison, Allstate         HOUSE BILL NO. 1095—
    Insurance Company, and the State of Louisiana through the                  BY REPRESENTATIVE WRIGHT
    Department of Transportation and Development, c/w Michele A.                                       AN ACT
    Harrison v. State of Louisiana through the Department of              To appropriate funds out of the General Fund of the state of
    Transportation and Development"; to provide for interest; to              Louisiana to be used to pay the consent judgment in the suit
    provide for court costs; and to provide for related matters.              entitled "Louis D. Cockerham, Sr. v. State of Louisiana,
                                                                              Department of Transportation and Development"; to provide for
     Reported favorably by the Committee on Finance. Under the                court costs; and to provide for related matters.
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
read by title and referred to the Legislative Bureau.                          Reported favorably by the Committee on Finance. Under the
                                                                          provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
HOUSE BILL NO. 934—                                                       read by title and referred to the Legislative Bureau.
     BY REPRESENTATIVE BROOME
                              AN ACT                                      HOUSE BILL NO. 1139—
To appropriate funds out of the General Fund of the state of                   BY REPRESENTATIVE ERDEY
    Louisiana for Fiscal Year 2003-2004 to be used to pay the                                          AN ACT
    consent judgment in the suit entitled "Latasha Butler,                To appropriate funds out of the General Fund of the state of
    Individually and as Administratrix of the Estate of Her Minor             Louisiana to be used to pay the consent judgment in the suit
    Children, Tamara Butler and Lexie Butler v. State of Louisiana,           entitled "James E. Leonard, et al. v. State of Louisiana through
    through the Department of Transportation and Development"; to             the Dept. of Transportation and Development"; to provide for
    provide for an effective date; and to provide for related matters.        costs; and to provide for related matters.

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

HOUSE BILL NO. 938—                                                       HOUSE BILL NO. 1176—
     BY REPRESENTATIVE GARY SMITH                                              BY REPRESENTATIVE DOWNER
                             AN ACT                                                                    AN ACT
To appropriate funds out of the General Fund of the state of              To appropriate funds out of the General Fund of the state of
    Louisiana for Fiscal Year 2003-2004 to the Department of                  Louisiana to be used to pay the consent judgment in the suit
    Education, State Activities, for payment or reimbursement for             entitled "Troy A. Rousse, et al. v. State of Louisiana, through the
    payment of legal expenses of James P. Dukes; to provide for an            Department of Transportation and Development, et al."; and to
    effective date; and to provide for related matters.                       provide for related matters.

     Reported favorably by the Committee on Finance. Under the                 Reported favorably by the Committee on Finance. Under the
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was   provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
read by title and referred to the Legislative Bureau.                     read by title and referred to the Legislative Bureau.
Page 60 SENATE                                                                              46th DAY'S PROCEEDINGS
June 20, 2003
HOUSE BILL NO. 1239—                                                           Don Terrell Spears and Adarian Dante Spears, and Mitchell
     BY REPRESENTATIVE FRITH                                                   Dominic v. State of Louisiana, through the Department of
                             AN ACT                                            Transportation and Development"; and to provide for related
To appropriate funds out of the General Fund of the state of                   matters.
    Louisiana for Fiscal Year 2003-2004 to be used to pay the
    consent judgment in the suit entitled "Gwendolyn Derouen, Brad             Reported with amendments by the Committee on Finance.
    Lee Derouen, Wendy Lynn Guidry and Kurt Lee Derouen v.
    State of Louisiana, Department of Transportation and                             SENATE COMMITTEE AMENDMENTS
    Development"; and to provide for related matters.
                                                                          Amendments proposed by Senate Committee on Finance to
     Reported favorably by the Committee on Finance. Under the            Engrossed House Bill No. 1261 by Representative Daniel
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
read by title and referred to the Legislative Bureau.                     AMENDMENT NO. 1
                                                                          On page 2, line 28, change "Adrian" to "Adarian"
HOUSE BILL NO. 1247—
     BY REPRESENTATIVE MURRAY
                                                                          AMENDMENT NO. 2
                             AN ACT                                       On page 3, line 8, change "Adrian" to "Adarian"
To appropriate funds out of the General Fund of the state of
    Louisiana for Fiscal Year 2003-2004 to be used to pay consent             On motion of Senator Dardenne, the committee amendment was
    judgments in the suits against the state entitled "Thelonious         adopted. Under the provisions of Joint Rule No. 3 of the Rules of the
    Dukes v. The State of Louisiana Department of Transportation          Senate, the amended bill was read by title and referred to the
    and Development"; "Virginia Serpas v. the State of Louisiana,         Legislative Bureau.
    through the Department of Transportation and Development";
    and "Anna Landry v. State of Louisiana through the Department         HOUSE BILL NO. 1285—
    of Transportation and Development"; to provide for interest; to            BY REPRESENTATIVE DOWNER
    provide for costs; and to provide for related matters.                                             AN ACT
                                                                          To appropriate funds out of the General Fund of the state of
     Reported favorably by the Committee on Finance. Under the                Louisiana to be used to pay the amended judgment in the claim
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was       against the state entitled "National Beverage Company v.
read by title and referred to the Legislative Bureau.                         Secretary, Department of Revenue and Taxation, State of
                                                                              Louisiana"; and to provide for related matters.
HOUSE BILL NO. 1248—
     BY REPRESENTATIVES HUTTER AND ODINET
                                                                               Reported favorably by the Committee on Finance. Under the
                           AN ACT                                         provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
To appropriate funds out of the General Fund of the state of              read by title and referred to the Legislative Bureau.
    Louisiana to be used to pay the consent judgment in the suit
    entitled "Evelyn Deffes v. State of Louisiana through the             HOUSE BILL NO. 1286—
    Department of Transportation and Development"; and to provide              BY REPRESENTATIVE DIEZ
    for related matters.                                                                                AN ACT
                                                                          To amend and reenact R.S. 39:1482(A)(1), relative to state contracts
     Reported favorably by the Committee on Finance. Under the                for professional, personal, consulting, and social services; to
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was       exempt certain consulting service contracts relating to
read by title and referred to the Legislative Bureau.                         acquisition of rights-of-way from certain requirements related to
                                                                              consulting contract procurements; to provide for an effective
HOUSE BILL NO. 1249—                                                          date; and to provide for related matters.
     BY REPRESENTATIVE ROMERO
                            AN ACT                                             Reported favorably by the Committee on Finance. Under the
To appropriate funds out of the General Fund of the state of              provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
    Louisiana to be used to pay the consent judgment in the suit          read by title and referred to the Legislative Bureau.
    entitled "Julaine C. LeBlanc, et al. v. State Farm Insurance
    Company, et al."; and to provide for related matters.                 HOUSE BILL NO. 1290—
                                                                               BY REPRESENTATIVE TOWNSEND
     Reported favorably by the Committee on Finance. Under the                                          AN ACT
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was   To appropriate funds out of the General Fund of the state of
read by title and referred to the Legislative Bureau.                         Louisiana to be used to pay certain judgments against the state;
                                                                              to pay the judgments in the suits entitled "Jonelle Clark v. Julie
HOUSE BILL NO. 1261—                                                          B. Roy, Allstate Insurance Company and State of Louisiana
     BY REPRESENTATIVE DANIEL
                                                                              through the Department of Transportation and Development";
                             AN ACT                                           "Joe Farley, Jr., Mary Ann Farley Brooks, Rosetta Farley
To appropriate funds out of the General Fund of the state of                  Fontenot, Elma Farley Alexander, Matthew Farley, Mose Farley,
    Louisiana for Fiscal Year 2003-2004 to be used to pay certain             Henry E. Farley, Brenda Farley, Ollie Mae Farley Bell, and
    judgments against the state; to pay the consent judgment in               Robert L. Farley v. State of Louisiana, Department of
    "Kasey J. Kidder v. State of Louisiana, through the Department            Transportation and Development, et al."; "Lisa M. John v.
    of Transportation and Development"; to pay the consent                    Rodney G. Freeman, Financial Indemnity Insurance, Valerie J.
    judgment in "Louisiana United Businesses Self Insured Fund v.             Hill, Progressive Security Insurance Co., and State of Louisiana,
    the State of Louisiana, Department of Transportation                      through the Department of Transportation and Development";
    consolidated with David L. Blount v. the State of Louisiana,              "Rosemount, Inc. v. Secretary, Department of Revenue, State of
    through the Department of Transportation and Development"; to             Louisiana"; "Automatic Switch Company v. John Neely
    pay the consent judgment in "Patrick Outlaw v. State of                   Kennedy, Secretary, Department of Revenue, State of
    Louisiana, through the Department of Transportation and                   Louisiana"; "Herman H. Boyett et ux v. State of Louisiana,
    Development, et al"; to pay the consent judgments in "Don                 Etc."; "Joseph Roy Lyons, husband of/and Myra Leger Lyons,
    Gross, individually and as natural tutor of his minor children,           individually and on behalf of his minor children, Joseph Roy
46th DAY'S PROCEEDINGS                                                                                      Page 61 SENATE
                                                                                                                             June 20, 2003
     Lyons, Jr. and Andrew Robert Lyons v. State of Louisiana,                                         "*      *       *"
     through the Department of Transportation and Development,
     Daimler/Chrysler Corporation, Southside Chrysler Corporation,           AMENDMENT NO. 8
     d/b/a North Loop Dodge"; and "Brenda Whirl v. State of                  On page 5, delete lines 11 and 12 in their entirety and insert "be used
     Louisiana, through the Department of Transportation and                 solely to fund the Affiliated Blind of"
     Development, et al"; to provide for interest; to provide for costs;
     and to provide for related matters.                                     AMENDMENT NO. 9
                                                                             On page 6, between lines 5 and 6, insert the following:
     Reported with amendments by the Committee on Finance.                        "Section 3. In the event of a conflict between the provisions of
                                                                             this Act and Act Number 352 of the 2003 Regular Session of the
           SENATE COMMITTEE AMENDMENTS                                       Legislature of Louisiana, the provisions of this Act shall prevail."
Amendments proposed by Senate Committee on Finance to                        AMENDMENT NO. 10
Engrossed House Bill No. 1290 by Representative Townsend                     On page 6, at the beginning of line 6, change "Section 3." to "Section
                                                                             4."
AMENDMENT NO. 1
On page 4, delete line 9 in its entirety, and at the beginning of line 10,       On motion of Senator Dardenne, the committee amendment was
delete "(3,500.00)" and insert the following:                                adopted. Under the provisions of Joint Rule No. 3 of the Rules of the
     "Section 8. The sum of Seven Thousand and No/100                        Senate, the amended bill was read by title and referred to the
($7,000.00)"                                                                 Legislative Bureau.
    On motion of Senator Dardenne, the committee amendment was               HOUSE BILL NO. 1314—
adopted. Under the provisions of Joint Rule No. 3 of the Rules of the             BY REPRESENTATIVE DEVILLIER
Senate, the amended bill was read by title and referred to the                                            AN ACT
Legislative Bureau.                                                          To appropriate funds out of the General Fund of the state of
                                                                                 Louisiana to be used to pay certain judgments against the state;
HOUSE BILL NO. 1304—                                                             to pay certain judgments against the state; to pay the consent
     BY REPRESENTATIVES STELLY, FLAVIN, GUILLORY, JOHNS, AND                     judgment in the suit entitled "McKinley Thompson v. State of
     MORRISH AND SENATORS CAIN, MOUNT, AND THEUNISSEN                            Louisiana through the Department of Transportation and
                              AN ACT                                             Development and East Feliciana Parish Sheriff's Office"; to pay
To amend and reenact R.S. 27:392(B)(2)(b), (3)(b) and (c), (4), and              the consent judgment in the suit entitled "Curtis K. Stafford, Jr.,
    (5), relative to the distribution of revenues derived under the              Bonnie Bridges Stafford and Kendall R. Stafford v. State Farm
    Pari-mutuel Live Racing Facility Economic Redevelopment and                  Mutual Automobile Insurance Company and State of Louisiana,
    Gaming Control Act; to provide for the distribution of such                  through the Department of Transportation and Development"; to
    revenues in Calcasieu Parish; to make certain technical                      pay the consent judgment in the suit entitled "Curtis K. Stafford,
    corrections; to provide for an effective date; and to provide for            Jr., Bonnie Bridges Stafford and Kendall R. Stafford v. State
    related matters.                                                             Farm Mutual Automobile Insurance Company and State of
                                                                                 Louisiana, through the Department of Transportation and
     Reported with amendments by the Committee on Finance.                       Development; and to provide for related matters.
           SENATE COMMITTEE AMENDMENTS                                            Reported favorably by the Committee on Finance. Under the
                                                                             provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
Amendments proposed by Senate Committee on Finance to                        read by title and referred to the Legislative Bureau.
Engrossed House Bill No. 1304 by Representative Stelly
                                                                             HOUSE BILL NO. 1317—
AMENDMENT NO. 1                                                                   BY REPRESENTATIVE BROOME
On page 1, line 2, after "R.S." delete the remainder of the line and                                      AN ACT
insert "27:392(B)(3)(c) and (5),                                             To enact R.S. 17:421.9, relative to public school speech-language
                                                                                 pathologists and audiologists; to provide a salary supplement for
AMENDMENT NO. 2                                                                  certain public school speech-language pathologists and
On page 1, at the beginning of line 6, change "Parish" to "Parish; to            audiologists who have acquired certification by the American
provide for the distribution of such revenues in the Rehabilitation for          Speech-Language Hearing Association; to provide conditions
the Blind and Visually Impaired Fund"                                            and guidelines for receiving the supplement; to provide
                                                                                 limitations; to provide procedures for payment of such
AMENDMENT NO. 3                                                                  supplement; to provide definitions; to provide for effectiveness;
On page 1, line 9, after "R.S." delete the remainder of the line and             and to provide for related matters.
insert "27:392(B)(3)(c) and (5) are hereby"
                                                                                  Reported favorably by the Committee on Finance. Under the
AMENDMENT NO. 4                                                              provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
On page 1, delete lines 15 and 16 in their entirety                          read by title and referred to the Legislative Bureau.
AMENDMENT NO. 5                                                              HOUSE BILL NO. 1335—
On page 2, delete lines 1 through 8 in their entirety                             BY REPRESENTATIVE R. CARTER
                                                                                                         AN ACT
AMENDMENT NO. 6                                                              To appropriate funds out of the General Fund of the state of
On page 2, delete lines 15 through 26 and on page 3, delete lines 1              Louisiana for Fiscal Year 2003-2004 to be used to pay the
through 3 all in their entirety                                                  consent judgment in the suit entitled "Keith E. Ridgel and Tara
                                                                                 Ridgel v. Emile G. Hardin, ABC Insurance Company, Illinois
AMENDMENT NO. 7                                                                  Central Railroad Company d/b/a Canadian National/Illinois
On page 4, delete lines 18 through 26 and on page 5, delete lines 1              Central Railroad, DEF Insurance Company, and the State of
and 2 all in their entirety and insert:                                          Louisiana through the Department of Transportation and
                                                                                 Development"; and to provide for related matters.
Page 62 SENATE                                                                              46th DAY'S PROCEEDINGS
June 20, 2003
     Reported favorably by the Committee on Finance. Under the                 Reported favorably by the Committee on Finance. Under the
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was   provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
read by title and referred to the Legislative Bureau.                     read by title and referred to the Legislative Bureau.
HOUSE BILL NO. 1369—                                                      HOUSE BILL NO. 1622—
     BY REPRESENTATIVE M. JACKSON                                              BY REPRESENTATIVE LAFLEUR
                             AN ACT                                                                     AN ACT
To appropriate funds out of the General Fund of the state of              To appropriate funds out of the General Fund of the state of
    Louisiana for Fiscal Year 2003-2004 to be used to pay consent             Louisiana to be used to pay the consent judgment in the suit
    judgments in the suits against the state entitled "Nakisha Rogers         entitled "Derrick Shane Miller v. State of Louisiana through the
    v. Kenyatta Thomas, Allstate Insurance Company and the State              Department of Transportation and Development and Prairie
    of Louisiana through the Department of Transportation and                 Construction Company"; to provide for costs; to provide for an
    Development"; "Kenyatta Thomas v. the State of Louisiana,                 effective date; and to provide for related matters.
    through the Department of Transportation and Development";
    and "Wiley Boyett, Elaine Boyett Rachal, Roger Van Boyett and              Reported favorably by the Committee on Finance. Under the
    Debra Boyett Allen v. Kemper Insurance Group, et al."; to             provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
    provide for costs; and to provide for related matters.                read by title and referred to the Legislative Bureau.
     Reported favorably by the Committee on Finance. Under the            HOUSE BILL NO. 1651—
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was        BY REPRESENTATIVE LANDRIEU AND SENATOR JOHNSON
read by title and referred to the Legislative Bureau.                                                  AN ACT
                                                                          To appropriate funds out of the General Fund of the state of
HOUSE BILL NO. 1461—                                                          Louisiana for Fiscal Year 2003-2004 to be used to pay certain
     BY REPRESENTATIVE GARY SMITH                                             judgments against the state; to pay the final judgment in the suit
                             AN ACT                                           entitled "Darlene Rogers and Carol Barnes v. State of Louisiana,
To appropriate funds out of the General Fund of the state of                  through the Department of Transportation and Development"; to
    Louisiana for Fiscal Year 2003-2004 to be used to pay certain             pay the final judgment in the suit entitled "William W. Rosen v.
    judgments against the state; to pay the consent judgment in the           State of Louisiana through the Department of Transportation and
    suit entitled "Levar Green, et al. v. Department of Transportation        Development, ABC Construction Company, and ABC Insurance
    and Development, et al."; to pay the consent judgment in the suit         Company"; to pay the consent judgment in the suit entitled
    entitled "John Kolwe and Sheila Kolwe v. State of Louisiana,              "Michael Perry v. the State of Louisiana, through the
    through the Department of Transportation and Development"; to             Department of Transportation and Development and Parish of
    pay the final judgment in "Mathilda Curry v. Mutual Services              St. Bernard;" to pay the consent judgment in the suit entitled
    Casualty Insurance Co., Hung Vu, and Department of                        "William Serigne v. State of Louisiana, through the Department
    Transportation and Development, State of Louisiana"; to                   of Transportation and Development, et al.;" to pay the consent
    provide for interest; to provide for costs; to provide for an             judgment in the suit entitled "Jerry L. Fox v. Alton B.
    effective date; and to provide for related matters.                       Honeycutt, et al.;" to pay the consent judgment in "Tina Marie
                                                                              Hebert v. Robert Metzler, Barriere Construction Co., Inc., St.
     Reported favorably by the Committee on Finance. Under the                Paul Fire & Marine Insurance Company and Atlanta Casualty
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was       Companies"; to provide for interest; to provide for costs; and to
read by title and referred to the Legislative Bureau.                         provide for related matters.
HOUSE BILL NO. 1481—                                                           Reported favorably by the Committee on Finance. Under the
     BY REPRESENTATIVE LANCASTER                                          provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
                              AN ACT                                      read by title and referred to the Legislative Bureau.
To appropriate funds out of the General Fund of the state of
    Louisiana for Fiscal Year 2003-2004 to be used to pay certain         HOUSE BILL NO. 1654—
    judgments against the state; to pay the consent judgment in the            BY REPRESENTATIVE LAFLEUR
    suit entitled "Carl Walther, et al. v. Department of Labor and                                      AN ACT
    Department of State Civil Service"; to pay the consent judgment       To appropriate funds out of the General Fund of the state of
    in the suit entitled "Justin Phillips, et al. v. Elwood Matherne,         Louisiana to be used to pay certain judgments against the state;
    Jr., et al."; to pay the consent judgment in the suit entitled            to pay the consent judgments in the suits entitled "Kerry Kathryn
    "Gramercy Insurance Company v. Louisiana Department of                    Gordon Benoit and Breanna Hope Benoit v. The Hartford
    Economic Development, Louisiana Small Business Bonding                    Casualty Insurance, et al."; "Betty Frady Huddleston v. State of
    Assistance Program and Hibernia National Bank"; to pay certain            Louisiana, Department of Transportation and Development;
    judgments of the Board of Tax Appeals in the claims of                    "Dorothy Calico and Kelly Calico v. Angelo Iafrate, Louisiana
    "Newpark Environmental Services, Inc. v. State of Louisiana";             Department of Transportation and Development, ABC
    to provide for interest; and to provide for related matters.              Contracting Company, DEF Insurance Company and XYZ
                                                                              Insurance Company; "Dale Rice, individually and on behalf of
     Reported favorably by the Committee on Finance. Under the                Jonathan T. Rice v. Zulema VA. Miller, Johnny C. Miller, the
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was       Parish of East Feliciana, the State of Louisiana through the
read by title and referred to the Legislative Bureau.                         Department       of    Transportation      and      Development,
                                                                              Transcontinental Pipeline Gas Company and XYZ Insurance
HOUSE BILL NO. 1518—                                                          Company"; "Linda Rainey, as the tutor of Kody Michel v. State
     BY REPRESENTATIVE LANDRIEU                                               of Louisiana, Department of Transportation and Development
                              AN ACT                                          and Department of Public Works; the Parish of St. Tammany;
To appropriate funds out of the General Fund of the state of                  Town of Abita Springs; Wal-Mart, Inc., and XYZ Engineering
    Louisiana for Fiscal Year 2003-2004 to be used to pay certain             Company"; and "Pique-Weinstein-Pique-Architects, Inc. v.
    judgments against the state for fees and costs associated with            Louisiana Stadium and Exposition District"; to provide for
    legal representation of certain juveniles; to provide for interest;       interest; to provide for court costs; to provide for an effective
    to provide for an effective date; and to provide for related              date; and to provide for related matters.
    matters.
46th DAY'S PROCEEDINGS                                                                                 Page 63 SENATE
                                                                                                                        June 20, 2003
     Reported with amendments by the Committee on Finance.                On page 3, at the end of line 12, change "$6,711,658" to
                                                                          "$6,410,035"
           SENATE COMMITTEE AMENDMENTS
                                                                          AMENDMENT NO. 3
Amendments proposed by Senate Committee on Finance to                     On page 3, at the end of line 16, change "$2,734,761" to
Reengrossed House Bill No. 1654 by Representative LaFleur                 "$2,515,168"
AMENDMENT NO. 1                                                           AMENDMENT NO. 4
On page 1, line 18, after "and" and before ""Pique" insert "to pay the    On page 3, at the end of line 30 change "$766,829" to "$740,582"
final judgment in"
                                                                          AMENDMENT NO. 5
AMENDMENT NO. 2                                                           On page 3, at the end of line 36, change "$256,581" to "$250,562"
On page 3, line 17, after "plus" delete the remainder of the line and
on line 18, delete "($1,072.75)" and insert "Eight Hundred Seventy        AMENDMENT NO. 6
and 95/100 ($870.95)"                                                     On page 3, at the end of line 43, change "$800,434" to "$622,389"
    On motion of Senator Dardenne, the committee amendment was            AMENDMENT NO. 7
adopted. Under the provisions of Joint Rule No. 3 of the Rules of the     On page 3, at the end of line 46, change "$1,403,137" to
Senate, the amended bill was read by title and referred to the            "$1,396,615"
Legislative Bureau.
                                                                          AMENDMENT NO. 8
HOUSE BILL NO. 1673—                                                      On page 4, at the end of line 10, change "$142,672" to "$139,038"
     BY REPRESENTATIVE LAFLEUR
                            AN ACT                                        AMENDMENT NO. 9
To appropriate funds out of the General Fund of the state of              On page 4, at the end of line 20 change "$599,154" to "$608,908"
    Louisiana to be used to pay the consent judgment in the suit
    entitled "Natalie Ortego v. Crowell Lumber Company and St.            AMENDMENT NO. 10
    Paul Fire and Marine Insurance Company"; to provide for costs;        On page 4, at the end of line 21, change "$1,750,883" to
    to provide for an effective date; and to provide for related          "$1,743,184"
    matters.
                                                                          AMENDMENT NO. 11
     Reported favorably by the Committee on Finance. Under the            On page 4, delete lines 30 through 39 in their entirety
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
read by title and referred to the Legislative Bureau.                     AMENDMENT NO. 12
                                                                          On page 4, at the end of line 42, change "$32,790,975" to
HOUSE BILL NO. 1742—                                                      "$30,125,835"
     BY REPRESENTATIVE HUTTER
                              AN ACT                                      AMENDMENT NO. 13
To appropriate funds out of the General Fund of the state of              On page 5, delete lines 24 through 27 in their entirety
    Louisiana to be used to pay the consent judgment in the suit
    entitled "Walter Diggs, Jr., husband of/and Mary Diggs v.             AMENDMENT NO. 14
    Louisiana Department of Transportation and Development"; to           On page 5, line 28, change “22" to “21"
    provide for an effective date; and to provide for related matters.
                                                                          AMENDMENT NO. 15
     Reported favorably by the Committee on Finance. Under the            On page 5, line 33, change “23" to “22"
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
read by title and referred to the Legislative Bureau.                     AMENDMENT NO. 16
                                                                          On page 5, line 44, change “12,260,192" to “9,830,000"
HOUSE BILL NO. 1781—
     BY REPRESENTATIVES LEBLANC, DEWITT, AND TOWNSEND
                              AN ACT                                      AMENDMENT NO. 17
To appropriate funds to defray the expenses of the Louisiana              On page 5, at the end of line 45, change "$50,793,116" to
    Judiciary, including the Supreme Court, Courts of Appeal,             "$45,697,784"
    District Courts, Criminal District Court of Orleans Parish, and
    other courts; to provide for an effective date; and to provide for    AMENDMENT NO. 18
    related matters.                                                      On page 6, at the end of line 48, change "$7,013,520" to
                                                                          "$6,936,657"
     Reported with amendments by the Committee on Finance.
                                                                          AMENDMENT NO. 19
           SENATE COMMITTEE AMENDMENTS                                    On page 6, at the end of line 51, change "$3,881,031" to
                                                                          "$3,716,232"
Amendments proposed by Senate Committee on Finance to
Reengrossed House Bill No. 1781 by Representative LeBlanc, et al.         AMENDMENT NO. 20
                                                                          On page 7, at the end of line 3, change "$5,598,024" to "$5,476,345"
AMENDMENT NO. 1
On page 1, delete lines 7 and 8 in their entirety and insert the          AMENDMENT NO. 21
following:                                                                On page 7, at the end of line 6, change "$5,701,897" to "$5,480,268"
     "Section 1.A. The sum of One Hundred Ten Million Four
Hundred Forty-one Thousand Three Hundred Forty-two and No/100             AMENDMENT NO. 22
($110,441,342.00) Dollars, or so much thereof as may be"                  On page 7, at the end of line 9, change "$3,926,411" to "$3,824,770"

AMENDMENT NO. 2                                                           AMENDMENT NO. 23
Page 64 SENATE                                                                              46th DAY'S PROCEEDINGS
June 20, 2003
On page 7, at the end of line 10, change "$31,546,466" to                      Reported favorably by the Committee on Finance. Under the
"$30,859,855"                                                             provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
                                                                          read by title and referred to the Legislative Bureau.
AMENDMENT NO. 24
On page 9, at the end of line 18, change "$316,597" to "$301,380"         HOUSE BILL NO. 1873—
                                                                               BY REPRESENTATIVE JOHN SMITH
AMENDMENT NO. 25                                                                                       AN ACT
On page 9, at the end of line 20, change "$208,830" to "$203,053"         To appropriate funds out of the General Fund of the state of
                                                                              Louisiana for Fiscal Year 2003-2004 to be used to pay the
AMENDMENT NO. 26                                                              consent judgments in the suits entitled "Albert J. Rohlfs and
On page 9, at the end of line 23, change "$25,332,405" to                     Helen M. Rohlfs v. Great West Casualty Co., et al" and "James
"$25,311,411"                                                                 Luther, et ux. v. Janie Audra Mason, et al."; and to provide for
                                                                              related matters.
AMENDMENT NO. 27
On page 10, at the end of line 6, change "$556,699" to "$538,890"              Reported favorably by the Committee on Finance. Under the
                                                                          provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
AMENDMENT NO. 28                                                          read by title and referred to the Legislative Bureau.
On page 10, at the end of line 7, change "$444,431" to "$432,387"
                                                                          HOUSE BILL NO. 1875—
                                                                               BY REPRESENTATIVES DEWITT, BRUNEAU, LANCASTER, LEBLANC,
AMENDMENT NO. 29                                                               AND HUNTER AND SENATORS HAINKEL, LAMBERT, BARHAM,
On page 10, at the end of line 8, change "$129,885" to "$124,959"              DARDENNE, AND ULLO
                                                                                                        AN ACT
AMENDMENT NO. 30                                                          To appropriate the sum of Fifty-two Million Nine Hundred Forty
On page 10, at the end of line 10, change "$267,321" to "$263,837"            Thousand One Hundred Twenty-Nine and No/100
                                                                              ($52,940,129.00) Dollars, or so much thereof as may be
AMENDMENT NO. 31                                                              necessary, out of the state general fund and the sum of Three
On page 10, at the end of line 11, change "$4,184,109" to                     Hundred Fifty Thousand and No/100 ($350,000.00) Dollars out
"$4,145,846"                                                                  of the state general fund to provide for the Legislative Auditor
                                                                              Ancillary Enterprise Fund, and the sum of Eight Million Nine
AMENDMENT NO. 32                                                              Hundred Thirteen Thousand Nine Hundred Eighty-eight and
On page 10, at the end of line 20, change "$31,337,763" to                    No/100 ($8,913,988.00) Dollars out of self-generated funds, to
"$31,278,506"                                                                 defray the expenses of the Louisiana Legislature, including the
                                                                              expenses of the House of Representatives and the Senate, of
AMENDMENT NO. 33                                                              legislative service agencies, and of the Louisiana State Law
On page 10, at the end of line 36, change "$379,756" to "$367,017"            Institute; to provide with respect to appropriations to certain
                                                                              entities within the Department of Public Safety and Corrections;
AMENDMENT NO. 34                                                              and otherwise to provide with respect to the appropriations and
On page 10, at the end of line 40, change "$59,693" to "$57,928"              allocations herein made.
AMENDMENT NO. 35                                                               Reported favorably by the Committee on Finance. Under the
On page 11, at the end of line 4, change "$469,449" to "$454,945"         provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
                                                                          read by title and referred to the Legislative Bureau.
    On motion of Senator Dardenne, the committee amendment was
adopted. Under the provisions of Joint Rule No. 3 of the Rules of the     HOUSE BILL NO. 1918—
Senate, the amended bill was read by title and referred to the                 BY REPRESENTATIVE DOWNS
Legislative Bureau.                                                                                     AN ACT
                                                                          To amend and reenact R.S. 40:1849(D)(5), relative to the Liquefied
HOUSE BILL NO. 1792—                                                          Petroleum Gas Commission Rainy Day Fund; to provide for use
     BY REPRESENTATIVE HUDSON                                                 of certain monies in the fund; and to provide for related matters.
                               AN ACT
To appropriate funds out of the General Fund of the state of                   Reported favorably by the Committee on Finance. Under the
    Louisiana for Fiscal Year 2003-2004 to be used to pay certain         provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
    consent judgments against the state; to pay the consent judgment      read by title and referred to the Legislative Bureau.
    in the suit entitled "Joseph Powell v. State of Louisiana, through
    the Department of Transportation and Development"; to pay the         HOUSE BILL NO. 1919—
    consent judgment in the suit entitled "Nelda Powell v. State of            BY REPRESENTATIVE SCHWEGMANN
    Louisiana, through the Department of Transportation and                                            AN ACT
    Development"; and to provide for related matters.                     To amend and reenact R.S. 46:2633(D)(1) and 2634(D)(1), relative
                                                                              to the Traumatic Head and Spinal Cord Injury Trust Fund
     Reported favorably by the Committee on Finance. Under the                Advisory Board; to provide for use of monies in the Traumatic
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was       Head and Spinal Cord Injury Trust Fund; to provide for
read by title and referred to the Legislative Bureau.                         reimbursement of members' necessary travel expenses; and to
                                                                              provide for related matters.
HOUSE BILL NO. 1858—
     BY REPRESENTATIVES LEBLANC, LAFLEUR, MURRAY, AND WELCH                    Reported favorably by the Committee on Finance. Under the
                             AN ACT                                       provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was
To enact R.S. 17:419.2, relative to school support personnel; to          read by title and referred to the Legislative Bureau.
    provide for extra compensation paid by the state for school
    support personnel; to provide for the amount to be distributed to
    each employee; to provide for an effective date; and to provide
    for related matters.
46th DAY'S PROCEEDINGS                                                                                 Page 65 SENATE
                                                                                                                          June 20, 2003
HOUSE BILL NO. 1953—                                                      SENATE BILL NO. 320—
     BY REPRESENTATIVE ARNOLD                                                  BY SENATOR CHAISSON
                              AN ACT                                                                    AN ACT
To appropriate funds out of the General Fund of the state of              To amend and reenact R.S. 14:98(A)(1)(d) and (e), relative to the
    Louisiana for Fiscal Year 2003-2004 to be used to pay the                 offense of driving while intoxicated; to provide relative to
    consent judgments in the suits entitled "Leora Gernados, et al v.         driving under the influence of a drug which is not a controlled
    Toby E. Vallian and the Department of Transportation and                  dangerous substance; to provide an affirmative defense for such
    Development" and "Terri C. Gernados v. Toby E. Vallian, et                charge under certain conditions; to provide relative to driving
    al."; and to provide for related matters.                                 under the influence of a combination of alcohol and a drug
                                                                              which is not a controlled dangerous substance; to provide an
     Reported favorably by the Committee on Finance. Under the                affirmative defense for such charge under certain conditions; and
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was       to provide for related matters.
read by title and referred to the Legislative Bureau.
                                                                              The bill was read by title. Returned from the House of
HOUSE BILL NO. 1983—                                                      Representatives with the following amendments:
     BY REPRESENTATIVE MCDONALD
                              AN ACT                                                  HOUSE COMMITTEE AMENDMENTS
To appropriate funds out of the General Fund of the state of
    Louisiana for Fiscal Year 2003-2004 to be used to pay certain         Amendments proposed by House Committee on Administration of
    judgments against the state; to pay the judgment in the suit          Criminal Justice to Reengrossed Senate Bill No. 320 by Senator
    entitled "Stuart Hughes Smith, et ux. v. State of Louisiana,          Chaisson
    Department of Transportation and Development et al"; to pay
    the judgment in the suit entitled "Marcus Ray Bennett v. Ford         AMENDMENT NO. 1
    Motor Company and State of Louisiana, Department of                   On page 2, line 11, after "the" delete the remainder of the line and
    Transportation and Development"; to pay the judgment in the           delete lines 12 and 13 in their entirety and insert in lieu thereof the
    suit entitled "The Estate of Gabriel Taylor Murray, et al v. State    following: "label on the container of the prescription drug or the
    of Louisiana, Department of Transportation and Development";          manufacturer's package of the drug does not contain a warning
    and to provide for related matters.                                   against combining the medication with alcohol."
     Reported favorably by the Committee on Finance. Under the                 Senator Chaisson moved to concur in the amendments proposed
provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was   by the House.
read by title and referred to the Legislative Bureau.
                                                                                                    ROLL CALL
           Regular Order of the Day Resumed
                                                                               The roll was called with the following result:
                        Reconsideration
                                                                                                          YEAS
     On motion of Senator Michot, pursuant to the previous notice
given, the vote by which the following bill failed to pass on Thursday,   Mr. President                Gautreaux                McPherson
June 19, 2003 was reconsidered.                                           Adley                        Heitmeier                Michot
                                                                          Barham                       Hines                    Mount
HOUSE BILL NO. 1015—                                                      Bean                         Holden                   Romero
     BY REPRESENTATIVE DEVILLIER                                          Cain                         Hollis                   Smith
                             AN ACT                                       Chaisson                     Hoyt                     Theunissen
To amend and reenact R.S. 40:967(B)(1), (3), and (5), relative to         Dean                         Jones, B                 Thomas
    Schedule II controlled dangerous substances; to provide               Dupre                        Jones, CD                Ullo
    increased penalties for the distribution, dispensing, or              Ellington                    Lentini
    possession with intent to produce, manufacture, distribute, or        Fontenot                     Malone
    dispense amphetamines or methamphetamines; to clarify the              Total—28
    penalty provision for Schedule II non-narcotic controlled                                            NAYS
    dangerous substances not otherwise provided for by law; and to
    provide for related matters.                                           Total—0
                                                                                                        ABSENT
     On motion of Senator Michot, the bill was read by title and
returned to the Calendar, subject to call.                                Bajoie                       Fields                   Marionneaux
                                                                          Boissiere                    Irons                    Schedler
            Senate Bills and Joint Resolutions                            Cravins                      Johnson                  Tarver
                Returned from the House                                   Dardenne                     Lambert
          of Representatives with Amendments,                              Total—11
                     Subject to Call                                           The Chair declared the amendments proposed by the House were
                                                                          concurred in. Senator Chaisson moved to reconsider the vote by
     The following Senate Bills and Joint Resolutions returned from       which the amendments were concurred in and laid the motion on the
the House of Representatives with amendments, Subject to Call were        table.
taken up and acted upon as follows:
                                                                                            Called from the Calendar
                  Called from the Calendar
                                                                               Senator Chaisson asked that Senate Bill No. 406 be called from
     Senator Chaisson asked that Senate Bill No. 320 be called from       the Calendar at this time.
the Calendar at this time.
Page 66 SENATE                                                                              46th DAY'S PROCEEDINGS
June 20, 2003
SENATE BILL NO. 406—                                                           The Chair declared the amendments proposed by the House were
     BY SENATOR CHAISSON                                                  concurred in. Senator Chaisson moved to reconsider the vote by
                              AN ACT                                      which the amendments were concurred in and laid the motion on the
To amend and reenact R.S. 14:32.1(A)(5) and (6), 39.1(A)(4) and (5),      table.
    and 39.2(A)(4) and (5), relative to crimes related to assault and
    battery; to provide relative to vehicular homicide, vehicular                                Rules Suspended
    negligent injuring, and first degree vehicular negligent injuring;
    to eliminate certain elements of such crimes; to provide for the           Senator Adley asked for and obtained a suspension of the rules
    lack of such elements to be available as an affirmative defense       for the purpose of reverting to the order of
    to certain charges of such crimes; and to provide for related
    matters.
                                                                                          House Concurrent Resolutions
    The bill was read by title. Returned from the House of                                     on Second Reading
Representatives with the following amendments:
                                                                               The following House Concurrent Resolutions were taken up and
            HOUSE COMMITTEE AMENDMENTS                                    acted upon as follows:
Amendments proposed by House Committee on Administration of               HOUSE CONCURRENT RESOLUTION NO. 143—
Criminal Justice to Reengrossed Senate Bill No. 406 by Senator                 BY REPRESENTATIVE TUCKER
Chaisson                                                                                 A CONCURRENT RESOLUTION
                                                                          To direct the Department of Health and Hospitals to take all steps
AMENDMENT NO. 1                                                               necessary to maximize the reimbursement to schools of the cost
On page 2, line 12, after "the" delete the remainder of the line and          of administering and providing medical and related services
delete lines 13 and 14 in their entirety and insert in lieu thereof the       needed by Medicaid-eligible special education students.
following: "label on the container of the prescription drug or the
manufacturer's package of the drug does not contain a warning                  On motion of Senator Adley, the resolution was read by title and
against combining the medication with alcohol."                           referred to the Committee on Health and Welfare.

AMENDMENT NO. 2                                                                                  Rules Suspended
On page 3, line 10, after "the" delete the remainder of the line and
delete lines 11 and 12 in their entirety and insert in lieu thereof the        Senator Adley asked for and obtained a suspension of the rules
following: "label on the container of the prescription drug or the        for the purpose of advancing to the order of
manufacturer's package of the drug does not contain a warning
against combining the medication with alcohol."                                     House Bills and Joint Resolutions on
AMENDMENT NO. 3
                                                                                               Third Reading
On page 4, line 9, after "the" delete the remainder of the line and                    and Final Passage, Resumed
delete lines 10 and 11 in their entirety and insert in lieu thereof the
following: "label on the container of the prescription drug or the             The following House Bills and Joint Resolutions on third
manufacturer's package of the drug does not contain a warning             reading and final passage were taken up and acted upon as follows:
against combining the medication with alcohol."
                                                                          HOUSE BILL NO. 1726—
                                                                               BY REPRESENTATIVE MORRELL
     Senator Chaisson moved to concur in the amendments proposed                                         AN ACT
by the House.                                                             To enact R.S. 33:4071.1 and to repeal R.S. 33:4085(C), relative to
                                                                              the Sewerage and Water Board of New Orleans; to provide
                          ROLL CALL                                           relative to certain contracts of the Sewerage and Water Board of
                                                                              New Orleans; to provide for certain approvals of certain
     The roll was called with the following result:                           contracts of the Sewerage and Water Board of New Orleans; and
                                                                              to provide for related matters.
                                YEAS
                                                                              The bill was read by title. Senator Boissiere moved the final
Mr. President                Fontenot               Malone                passage of the bill.
Adley                        Gautreaux              McPherson
Barham                       Heitmeier              Michot                                         ROLL CALL
Bean                         Hines                  Mount
Cain                         Holden                 Romero                     The roll was called with the following result:
Chaisson                     Hollis                 Smith
Dardenne                     Hoyt                   Tarver                                               YEAS
Dean                         Jones, B               Theunissen
Dupre                        Jones, CD              Thomas                Mr. President               Fontenot                  Marionneaux
Ellington                    Lentini                Ullo                  Adley                       Gautreaux                 Michot
 Total—30                                                                 Bajoie                      Hines                     Mount
                               NAYS                                       Barham                      Holden                    Romero
 Total—0                                                                  Bean                        Hollis                    Schedler
                              ABSENT                                      Boissiere                   Hoyt                      Smith
                                                                          Cain                        Irons                     Tarver
Bajoie                       Fields                 Lambert               Cravins                     Johnson                   Theunissen
Boissiere                    Irons                  Marionneaux           Dardenne                    Jones, B                  Thomas
Cravins                      Johnson                Schedler              Dupre                       Jones, CD                 Ullo
 Total—9                                                                  Ellington                   Lentini
46th DAY'S PROCEEDINGS                                                                                   Page 67 SENATE
                                                                                                                           June 20, 2003
Fields                        Malone                                                                      ABSENT
 Total—34
                                NAYS                                        Mr. President                Irons                    Marionneaux
                                                                            Bajoie                       Johnson                  Schedler
Dean                                                                        Boissiere                    Jones, CD
 Total—1                                                                    Fields                       Lambert
                               ABSENT                                        Total—10
Chaisson                      Lambert                                            The Chair declared the amended bill was passed. The title was
Heitmeier                     McPherson                                     read and adopted. Senator Michot moved to reconsider the vote by
 Total—4                                                                    which the bill was passed and laid the motion on the table.
     The Chair declared the bill was passed. The title was read and         HOUSE BILL NO. 1761—
adopted. Senator Boissiere moved to reconsider the vote by which                 BY REPRESENTATIVE MORRELL
the bill was passed and laid the motion on the table.                                                      AN ACT
                                                                            To amend and reenact R.S. 33:4138 and to enact R.S. 33:4071.1,
HOUSE BILL NO. 1741—                                                            relative to the city of New Orleans; to remove the debt ceiling of
     BY REPRESENTATIVE PINAC                                                    eighteen million dollars for the Sewerage and Water Board of
                              AN ACT                                            New Orleans; to provide relative to certain contracts of the
To enact Chapter 8-A of Subtitle II of Title 47 of the Louisiana                Sewerage and Water Board of New Orleans; to provide for
    Revised Statutes of 1950, to be comprised of R.S. 47:871                    certain approvals of certain contracts of the Sewerage and Water
    through 878, relative to delivery sales of cigarettes; to provide           Board of New Orleans; and to provide for related matters.
    for definitions; to provide relative to the regulation of sales of
    cigarettes when such sale is made pursuant to an order placed by            The bill was read by title. Senator Boissiere moved the final
    means of telephone or other voice transmission, mail or other           passage of the bill.
    delivery service, or the Internet or online service or when
    delivery is made by mail or by delivery service; to provide for                                   ROLL CALL
    penalties for violations; to provide for an effective date; and to
    provide for related matters.                                                 The roll was called with the following result:
                 Floor Amendments Sent Up                                                                  YEAS
     Senator Michot sent up floor amendments which were read.               Adley                        Fontenot                 Marionneaux
                                                                            Bajoie                       Gautreaux                Michot
               SENATE FLOOR AMENDMENTS                                      Barham                       Hines                    Mount
                                                                            Bean                         Holden                   Romero
Amendments proposed by Senator Michot to Engrossed House Bill               Boissiere                    Hollis                   Schedler
No. 1741 by Representative Pinac                                            Cain                         Hoyt                     Smith
                                                                            Chaisson                     Irons                    Tarver
AMENDMENT NO. 1                                                             Cravins                      Johnson                  Theunissen
On page 3, line 4, after "service" delete the remainder of the line,        Dardenne                     Jones, B                 Thomas
delete line 5, and insert "that is a motor carrier of property registered   Dupre                        Jones, CD                Ullo
with the U. S. Department of Transportation and/or an air carrier           Ellington                    Lentini
certified by the U. S. Department of Transportation to provide all-         Fields                       Malone
cargo air transportation, when engaged in the business of"                   Total—34
                                                                                                           NAYS
     On motion of Senator Michot, the amendments were adopted.
                                                                            Dean
     The bill was read by title. Senator Michot moved final passage          Total—1
of the amended bill.                                                                                      ABSENT

                           ROLL CALL                                        Mr. President                Lambert
                                                                            Heitmeier                    McPherson
     The roll was called with the following result:                          Total—4

                                YEAS                                             The Chair declared the bill was passed. The title was read and
                                                                            adopted. Senator Boissiere moved to reconsider the vote by which
Adley                         Fontenot               McPherson              the bill was passed and laid the motion on the table.
Barham                        Gautreaux              Michot
Bean                          Heitmeier              Mount                  HOUSE BILL NO. 1762—
                                                                                 BY REPRESENTATIVE MORRELL
Cain                          Hines                  Romero
Chaisson                      Holden                 Smith                                                 AN ACT
Cravins                       Hollis                 Tarver                 To amend and reenact R.S. 33:4148 and to enact R.S. 33:4071.1,
Dardenne                      Hoyt                   Theunissen                 relative to the city of New Orleans; to remove the debt ceiling of
Dean                          Jones, B               Thomas                     sixty-eight million dollars for the Sewerage and Water Board of
Dupre                         Lentini                Ullo                       New Orleans; to provide relative to certain contracts of the
Ellington                     Malone                                            Sewerage and Water Board of New Orleans; to provide for
 Total—29                                                                       certain approvals of certain contracts of the Sewerage and Water
                                NAYS                                            Board of New Orleans; and to provide for related matters.

 Total—0
Page 68 SENATE                                                                            46th DAY'S PROCEEDINGS
June 20, 2003
     The bill was read by title. Senator Boissiere moved the final      §3578.6. Prohibited acts
passage of the bill.                                                         A licensee shall not:
                                                                             (1) Charge Except for reasonable attorney fees and costs
                         ROLL CALL                                      awarded by a court, charge, contract for, receive, or collect a loan
                                                                        finance charge or credit service charge, or any other fee or charge
     The roll was called with the following result:                     other than as provided in R.S. 9:3578.4.
                                                                                                  *      *       *"
                               YEAS
                                                                             On motion of Senator Holden, the amendments were adopted.
Adley                       Fontenot              Malone
Bajoie                      Gautreaux             Marionneaux                 On motion of Senator Ellington, the amended bill was read by
Barham                      Heitmeier             Michot                title and returned to the Calendar, subject to call.
Bean                        Hines                 Mount
Boissiere                   Holden                Romero                HOUSE BILL NO. 1808—
                                                                             BY REPRESENTATIVE JOHNS
Cain                        Hollis                Schedler
Chaisson                    Hoyt                  Smith                                               AN ACT
Cravins                     Irons                 Tarver                To amend and reenact Code of Evidence Article 1001(3), relative to
Dardenne                    Johnson               Theunissen                the contents of writings, recordings, and photographs; to include
Dupre                       Jones, B              Thomas                    certain data within the definition of "original"; and to provide
Ellington                   Jones, CD             Ullo                      for related matters.
Fields                      Lentini
 Total—35                                                                   The bill was read by title. Senator Mount moved the final
                               NAYS                                     passage of the bill.

Dean                                                                                             ROLL CALL
 Total—1
                             ABSENT                                          The roll was called with the following result:

Mr. President               Lambert               McPherson                                            YEAS
 Total—3
                                                                        Adley                       Fontenot                  Malone
     The Chair declared the bill was passed. The title was read and     Barham                      Gautreaux                 McPherson
adopted. Senator Boissiere moved to reconsider the vote by which        Bean                        Heitmeier                 Michot
the bill was passed and laid the motion on the table.                   Cain                        Hines                     Mount
                                                                        Chaisson                    Holden                    Romero
HOUSE BILL NO. 1794—                                                    Cravins                     Hollis                    Smith
     BY REPRESENTATIVE R. CARTER                                        Dardenne                    Hoyt                      Tarver
                              AN ACT                                    Dean                        Jones, B                  Theunissen
To amend and reenact Code of Civil Procedure Article 970(C),            Dupre                       Jones, CD                 Thomas
    relative to offer of judgment procedures; to provide for attorney   Ellington                   Lentini                   Ullo
    fees; and to provide for related matters.                            Total—30
                                                                                                       NAYS
                Floor Amendments Sent Up
                                                                         Total—0
     Senator Holden sent up floor amendments which were read.                                        ABSENT

                SENATE FLOOR AMENDMENTS                                 Mr. President               Fields                    Lambert
                                                                        Bajoie                      Irons                     Marionneaux
Amendments proposed by Senator Holden to Engrossed House Bill           Boissiere                   Johnson                   Schedler
No. 1794 by Representative R. Carter                                     Total—9

AMENDMENT NO. 1                                                              The Chair declared the bill was passed. The title was read and
On page 1, line 2, between "970(C)" and the comma "," insert "and       adopted. Senator Mount moved to reconsider the vote by which the
R.S. 9:3578.4(C) and 3578.6(A)(1)"                                      bill was passed and laid the motion on the table.

AMENDMENT NO. 2                                                         HOUSE BILL NO. 1811—
                                                                             BY REPRESENTATIVE TRICHE
On page 1, line 3 between "procedures" and the semicolon ";" insert
"and attorney fees"                                                                                  AN ACT
                                                                        To amend and reenact R.S. 11:752(A) and to enact R.S. 11:752(F)
AMENDMENT NO. 3                                                             and 754(C), relative to the Teachers' Retirement System of
On page 2, below line 3 insert the following:                               Louisiana; to provide relative to unused annual and sick leave;
     "Section 2. R.S. 9:3578.4(C) and 3578.6 (A)(1) are hereby              to require payment for unused accumulated leave which cannot
amended and reenacted to read as follows:                                   be converted to retirement credit; to provide for an effective
§3578.4. Finance charge and fees                                            date; and to provide for related matters.
                           *      *      *
     C. No Except for reasonable attorney fees and costs awarded by                     Floor Amendments Sent Up
a court, no other fees or charges may be assessed or collected on a
deferred presentment transaction or small loan, including any other          Senator Gautreaux sent up floor amendments which were read.
fees as may be provided for under this Chapter Code Title or any
other law.                                                                              SENATE FLOOR AMENDMENTS
                           *      *      *
46th DAY'S PROCEEDINGS                                                                                     Page 69 SENATE
                                                                                                                            June 20, 2003
Amendments proposed by Senator Gautreaux to Engrossed House
Bill No. 1811 by Representative Triche                                                                 ROLL CALL
AMENDMENT NO. 1                                                                    The roll was called with the following result:
In Senate Committee Amendment No. 2 proposed by the Committee
on Retirement and adopted by the Senate on June 11, 2003, on page                                            YEAS
1, at the end of line 6, after "leave." insert "In no case shall the total
leave converted pursuant to this Subsection and R.S. 11:754(C) be             Adley                       Heitmeier                 McPherson
more than two years."                                                         Barham                      Hines                     Michot
                                                                              Bean                        Holden                    Mount
AMENDMENT NO. 2                                                               Cain                        Hollis                    Romero
In Senate Committee Amendment No. 4 proposed by the Committee                 Chaisson                    Hoyt                      Smith
on Retirement and adopted by the Senate on June 11, 2003, on page             Cravins                     Johnson                   Tarver
1, at the end of line 12, after "leave." insert "In no case shall the total   Dardenne                    Jones, B                  Theunissen
leave converted pursuant to this Subsection and R.S. 11:752(F) be             Dupre                       Jones, CD                 Thomas
more than two years."                                                         Ellington                   Lentini                   Ullo
                                                                              Gautreaux                   Malone
AMENDMENT NO. 3                                                                Total—29
On page 2, between lines 21 and 22, insert the following:                                                    NAYS
      "Section 2. The provisions of this Act shall be null and void
after December 31, 2003."                                                     Dean                        Marionneaux
                                                                               Total—2
AMENDMENT NO. 4                                                                                            ABSENT
On page 2, line 22, change "Section 2" to "Section 3"
                                                                              Mr. President               Fields                    Lambert
                                Motion                                        Bajoie                      Fontenot                  Schedler
                                                                              Boissiere                   Irons
     Senator Barham moved to table the entire subject matter.                  Total—8
     Senator Gautreaux objected.                                                   The Chair declared the bill was passed. The title was read and
                                                                              adopted. Senator Adley moved to reconsider the vote by which the
                           ROLL CALL                                          bill was passed and laid the motion on the table.

     The roll was called with the following result:                           HOUSE BILL NO. 1846—
                                                                                   BY REPRESENTATIVE FAUCHEUX
                                 YEAS                                                                       AN ACT
                                                                              To amend and reenact R.S. 14:95.3, relative to the crime of unlawful
Adley                          Heitmeier               Michot                     use of body armor; to revise the provision of law which makes
Barham                         Hines                   Mount                      the use of body armor by persons who have been convicted of
Bean                           Hollis                  Romero                     certain crimes a criminal offense; to provide that the possession
Cravins                        Hoyt                    Smith                      of body armor by persons who have been convicted of certain
Dardenne                       Jones, B                Tarver                     crimes is a criminal offense; and to provide for related matters.
Dean                           Lentini                 Theunissen
Ellington                      Malone                  Ullo                       The bill was read by title. Senator Chaisson moved the final
Fontenot                       Marionneaux                                    passage of the bill.
 Total—23
                                 NAYS                                                                  ROLL CALL
Cain                           Dupre                   Holden                      The roll was called with the following result:
Chaisson                       Gautreaux               Jones, CD
 Total—6                                                                                                     YEAS
                                ABSENT
                                                                              Adley                       Gautreaux                 Marionneaux
Mr. President                  Irons                   Schedler               Barham                      Heitmeier                 McPherson
Bajoie                         Johnson                 Thomas                 Bean                        Hines                     Michot
Boissiere                      Lambert                                        Cain                        Holden                    Mount
Fields                         McPherson                                      Chaisson                    Hollis                    Romero
 Total—10                                                                     Cravins                     Hoyt                      Smith
                                                                              Dardenne                    Johnson                   Tarver
     The Chair declared the entire subject matter was tabled.                 Dean                        Jones, B                  Theunissen
                                                                              Dupre                       Jones, CD                 Thomas
HOUSE BILL NO. 1820—                                                          Ellington                   Lentini                   Ullo
     BY REPRESENTATIVE M. JACKSON                                             Fontenot                    Malone
                             AN ACT                                            Total—32
To enact Code of Evidence Article 518, relative to privileged                                                NAYS
    communications; to provide for a testimonial privilege for
    certain communications made to a trained peer support member;              Total—0
    to provide for definitions; and to provide for related matters.                                        ABSENT
     The bill was read by title. Senator Adley moved the final                Mr. President               Fields                    Schedler
passage of the bill.                                                          Bajoie                      Irons
Page 70 SENATE                                                                                 46th DAY'S PROCEEDINGS
June 20, 2003
Boissiere                     Lambert                                             (4) Class Actions Up to one thousand twenty-five dollars per
 Total—7                                                                                                class certified
                                                                                  (2) After public bids are let for the construction project the
     The Chair declared the bill was passed. The title was read and         amounts of costs and charges which may be imposed shall be as
adopted. Senator Chaisson moved to reconsider the vote by which             provided in this Paragraph.
the bill was passed and laid the motion on the table.                             Service Provided            Amount of Cost Authorized
                                                                                  (a) Recordings              Up to twenty dollars per recordation
                  Mr. President in the Chair                                      (b) Civil Fillings          Up to one hundred dollars per civil
                                                                                                              filing
HOUSE BILL NO. 1852—                                                              (c) Jury Trials             Up to two hundred dollars per jury
     BY REPRESENTATIVE R. CARTER                                                                              requested
                              AN ACT                                              (d) Class Actions           Up to two thousand fifty dollars per
To enact R.S. 13:996.60, relative to judicial expense funds of district                                       class certified
    courts; to establish a judicial expense fund for a district court             C. The monies generated pursuant to this Section shall be
    comprised of two parishes with one parish having a population           forwarded by the clerk of court and sheriff to the department of
    of between fourteen thousand seven hundred fifty and fifteen            finance for East Baton Rouge Parish and shall be placed within a
    thousand two hundred fifty and one parish having a population           separate account within the judicial expense fund created under the
    between twenty-one thousand two hundred eighty and twenty-              provisions of R.S. 13:992. These monies shall be dedicated to the
    one thousand five hundred according to the most recent federal          design, planning, feasibility, acquisition, construction, equipping,
    decennial census; to provide for assessment of fees in civil and        operating and maintaining a new facility to house the Nineteenth
    criminal matters; to require the clerks of court to place all sums      Judicial District Court, the Family Court of East Baton Rouge Parish,
    collected into a separate account designated as the judicial            the offices of the clerk of court for the Nineteenth Judicial District,
    expense fund; to require annual audits; to provide for uses of the      and such other ancillary agencies as may be necessary. No monies
    fund; to prohibit the use of the fund for salaries; and to provide      generated pursuant to this Section shall be used for payment of any
    for related matters.                                                    bonded indebtedness involving site acquisition or construction of a
                                                                            new facility unless approved by the Joint Legislative Committee on
                 Floor Amendments Sent Up                                   the Budget and the State Bond Commission. For the purposes of this
                                                                            Section, "equipping" shall include, but not be limited to, expenditures
     Senator Fields sent up floor amendments which were read.               for the purchase and maintenance of computer software and hardware
                                                                            for the agencies housed in the judicial facility.
               SENATE FLOOR AMENDMENTS                                            D. If public bids are not let for the construction of a new facility
                                                                            as provided in this Section within two years of the effective date of
Amendments proposed by Senators Fields, Holden and Marionneaux              this Act, then the authority provided in this Section to levy the
to Engrossed House Bill No. 1852 by Representative R.Carter                 additional costs and charges shall terminate and be null and void.
                                                                            Thereafter, no costs or charges authorized in this Section shall be
AMENDMENT NO. 1                                                             imposed or collected. Should the authority to levy such costs and
On page 1, line 2, change "13:996.60" to "13:992.1 and 996.60"              charges terminate as set forth herein, all funds collected and
                                                                            deposited in the separate account as provided in this Section shall be
AMENDMENT NO. 2                                                             used solely for capital improvements to the facility then housing the
On page 1, line 2, after "courts;" insert "to authorize the Nineteenth      Nineteenth Judicial Court.
Judicial District Court and the clerk of court of the Nineteenth                                        *         *       *"
Judicial District Court to impose additional costs of court and service
charges in certain civil matters; to provide for collection of such costs        Senator B. Jones asked for a ruling from the Chair as to whether
and charges; to establish a judicial building fund; to provide for the      the amendment was a fee or a tax.
dedication and disbursement of such funds;"
                                                                                 The Chair ruled that the amendment was a fee.
AMENDMENT NO. 3
On page 1, line 15, change "13:996.60 is" to "13:992.1 and 996.60                Senator Fields moved adoption of the amendments.
are"
                                                                                 Senator Ellington objected.
AMENDMENT NO. 4
On page 1, after lines 15, insert the following:                                                       ROLL CALL
"§992.1. Judicial building fund
      A. The Nineteenth Judicial District Court and the clerk of court           The roll was called with the following result:
of the Nineteenth Judicial District are hereby authorized to impose
the following additional costs of court and service charges provided                                         YEAS
for in Subsection B of this Section in all cases over which the court
has jurisdiction, until the bonded indebtedness provided for in             Bajoie                        Fontenot                Malone
Subsection C of this Section is paid. The costs and charges may be          Boissiere                     Gautreaux               Marionneaux
up to and include the maximum amount set forth and shall be                 Cain                          Heitmeier               McPherson
imposed on order of the judges en banc. Such costs and charges shall        Chaisson                      Hines                   Mount
be paid to the clerk of court when the filing is made.                      Cravins                       Holden                  Romero
      B.(1) Until such time that public bids are let for the construction   Dardenne                      Johnson                 Tarver
project the amounts of the costs and charges which may be imposed           Dupre                         Jones, CD               Theunissen
shall be as provided in this Paragraph.                                     Fields                        Lentini                 Thomas
      Service Provided Amount of Cost Authorized                             Total—24
      (1) Recordings      Up to ten dollars per recordation                                                  NAYS
      (2) Civil Filings Up to twenty-five dollars per civil filing
      (3) Jury Trials     Up to one hundred dollars per jury                Mr. President                 Dean                    Jones, B
                          requested                                         Adley                         Ellington               Michot
                                                                            Barham                        Hollis                  Smith
46th DAY'S PROCEEDINGS                                                                                  Page 71 SENATE
                                                                                                                         June 20, 2003
Bean                         Hoyt                                          AMENDMENT NO. 5
 Total—11                                                                  On page 7, delete lines 8 through 18, and on line 19, change "(4)" to
                              ABSENT                                       "(2)"
Irons                        Schedler                                                                   Motion
Lambert                      Ullo
 Total—4                                                                       Senator Cain moved to return the amended bill to the
                                                                           Involuntary Calendar.
     The Chair declared the amendments were adopted.
                                                                               Senator Johnson objected.
     On motion of Senator Barham, the amended bill was read by title
and recommitted to the Committee on Revenue and Fiscal Affairs.                                     ROLL CALL
HOUSE BILL NO. 1854—                                                           The roll was called with the following result:
     BY REPRESENTATIVE BOWLER
                               AN ACT
To amend and reenact R.S. 35:12 and 191(C)(2)(a) and to enact R.S.                                        YEAS
    35:202, 215, 216, and 409, relative to notaries public; to provide
    for the use of identification numbers on notarized documents; to       Mr. President                Dupre                   Mount
    require the filing of annual reports and filing fees; to provide for   Bean                         Fontenot                Smith
    late charges and penalties; to provide for uniform standards for       Cain                         Holden                  Thomas
    notary examinations; to provide for the authority and duties of        Dardenne                     Hollis                  Ullo
    the secretary of state; to provide for certain fees; to provide for    Dean                         Michot
    a database of all notaries; to provide for the authority of ex          Total—14
    officio notaries; and to provide for related matters.                                                 NAYS

                 Floor Amendments Sent Up                                  Bajoie                       Heitmeier               Marionneaux
                                                                           Barham                       Hoyt                    Romero
                                                                           Boissiere                    Irons                   Schedler
     Senator Johnson sent up floor amendments which were read.             Cravins                      Johnson                 Tarver
                                                                           Ellington                    Lentini                 Theunissen
               SENATE FLOOR AMENDMENTS                                     Fields                       Malone
                                                                            Total—17
Amendments proposed by Senator Johnson to Reengrossed House                                             ABSENT
Bill No. 1854 by Representative Bowler
                                                                           Adley                        Hines                   Lambert
AMENDMENT NO. 1                                                            Chaisson                     Jones, B                McPherson
On page 6, delete lines 17 through 24 and insert the following:            Gautreaux                    Jones, CD
     "(3) Maintain a bank of examination questions and model                Total—8
answers for the exclusive use of the secretary of state and the several
parish examining committees to be used for examinations required by             The Chair declared the Senate refused to return the amended bill
R.S. 35:191(C).                                                            to the Involuntary Calendar.
     (4) Publish and make available to the public a document
containing the material and sources from which each currently
maintained bank of examination questions are devised for use as a                                 Rules Suspended
study guide and charge a fee for the actual cost not to exceed one
hundred dollars."                                                              Senator Ellington asked for a suspension of the rules for the
                                                                           purpose of invoking 3 minute cloture.
     On motion of Senator Johnson, the amendments were adopted.
                                                                               Without objection, so ordered.
                 Floor Amendments Sent Up
                                                                                                        Motion
     Senator Cain sent up floor amendments which were read.
                                                                               Senator Johnson moved to table the amendment.
               SENATE FLOOR AMENDMENTS
                                                                               Senator Cain objected.
Amendments proposed by Senator Cain to Reengrossed House Bill
No. 1854 by Representative Bowler                                                                   ROLL CALL
AMENDMENT NO. 1                                                                The roll was called with the following result:
On page 1, line 2, after "R.S. 35:" delete the remainder of the line
                                                                                                          YEAS
AMENDMENT NO. 2
On page 1, line 4, after "documents;" delete "to require the filing of"    Bajoie                       Ellington               Johnson
and delete line 5                                                          Boissiere                    Fields                  Jones, B
                                                                           Chaisson                     Gautreaux               Marionneaux
AMENDMENT NO. 3                                                            Cravins                      Hoyt                    Theunissen
On page 1, line 12, after "R.S. 35:" delete "202,"                         Dupre                        Irons
                                                                            Total—14
AMENDMENT NO. 4                                                                                           NAYS
On page 3, delete lines 16 through 26, and delete page 4, and on page
5, delete lines 1 through 16                                               Adley                        Heitmeier               Romero
Page 72 SENATE                                                                             46th DAY'S PROCEEDINGS
June 20, 2003
Barham                      Holden                Schedler              Mr. President                Hollis                   Romero
Bean                        Hollis                Smith                 Bajoie                       Hoyt                     Tarver
Cain                        Malone                Tarver                Boissiere                    Irons                    Theunissen
Dardenne                    Michot                Thomas                Chaisson                     Johnson                  Thomas
Dean                        Mount                 Ullo                  Ellington                    Marionneaux
 Total—18                                                               Gautreaux                    Michot
                             ABSENT                                      Total—16
                                                                                                      ABSENT
Mr. President               Jones, CD             McPherson
Fontenot                    Lambert                                     Bean                         Lambert                  Schedler
Hines                       Lentini                                     Heitmeier                    McPherson
 Total—7                                                                Hines                        Mount
                                                                         Total—7
     The Chair declared the Senate refused to table the amendment.
                                                                             The Chair declared the Senate refused to suspend the rules.
     Senator Cain moved adoption of the amendments.
                                                                                                      Motion
     Senator Johnson objected.
                                                                             Senator Marionneaux moved the previous question on the entire
                         ROLL CALL                                      subject matter.
     The roll was called with the following result:                          Senator Dean objected.
                               YEAS                                                               ROLL CALL
Cain                        Hollis                Schedler                   The roll was called with the following result:
Cravins                     Irons                 Smith
Dardenne                    Malone                Thomas                                                YEAS
Fontenot                    Michot                Ullo
Holden                      Mount                                       Mr. President                Ellington                Marionneaux
 Total—14                                                               Adley                        Fontenot                 Michot
                               NAYS                                     Bajoie                       Gautreaux                Mount
                                                                        Bean                         Heitmeier                Romero
Mr. President               Dupre                 Jones, CD             Boissiere                    Holden                   Schedler
Adley                       Ellington             Lentini               Chaisson                     Hollis                   Smith
Bajoie                      Fields                Marionneaux           Cravins                      Hoyt                     Tarver
Barham                      Gautreaux             Romero                Dardenne                     Irons                    Theunissen
Bean                        Heitmeier             Tarver                Dean                         Jones, B                 Thomas
Boissiere                   Hoyt                  Theunissen            Dupre                        Lentini
Chaisson                    Johnson                                      Total—29
Dean                        Jones, B                                                                    NAYS
 Total—22
                             ABSENT                                     Barham                       Johnson                  Ullo
                                                                        Cain                         Jones, CD
Hines                       Lambert               McPherson             Fields                       Malone
 Total—3                                                                 Total—7
                                                                                                      ABSENT
     The Chair declared the amendments were rejected.
                                                                        Hines                        Lambert                  McPherson
                       Rules Suspended                                   Total—3
     Senator Cain asked for a suspension of the rules for the purpose        The Chair declared the previous question was called on the
of granting the speaker an additional 3 minutes.                        entire subject matter.
     Senator Cravins objected.                                                On motion of Senator Johnson, the amended bill was read by
                                                                        title and returned to the Calendar, subject to call.
                         ROLL CALL
                                                                                         Senator Fields in the Chair
     The roll was called with the following result:
                                                                        HOUSE BILL NO. 1859—
                               YEAS                                          BY REPRESENTATIVE WOOTON
                                                                                                     AN ACT
Adley                       Dupre                 Lentini               To amend and reenact R.S. 33:3001, relative to the limit on parish
Barham                      Fields                Malone                    governing authority appropriations for certain fairs and festivals;
Cain                        Fontenot              Smith                     to increase such limit; and to provide for related matters.
Cravins                     Holden                Ullo
Dardenne                    Jones, B                                        The bill was read by title. Senator Dupre moved the final
Dean                        Jones, CD                                   passage of the bill.
 Total—16
                               NAYS
46th DAY'S PROCEEDINGS                                                                              Page 73 SENATE
                                                                                                                      June 20, 2003
                         ROLL CALL                                      Total—4

     The roll was called with the following result:                         The Chair declared the bill was passed. The title was read and
                                                                       adopted. Senator Fontenot moved to reconsider the vote by which
                               YEAS                                    the bill was passed and laid the motion on the table.

Adley                       Fontenot              Lentini              HOUSE BILL NO. 1881—
                                                                            BY REPRESENTATIVE SCHNEIDER
Bajoie                      Gautreaux             Malone
Barham                      Heitmeier             Marionneaux                                         AN ACT
Bean                        Hines                 McPherson            To amend and reenact R.S. 11:449(C), 1152(F)(3), 1312(H),
Boissiere                   Holden                Michot                   1456(F)(1), 1530(F), 1641(C), 1763(F)(2), 1938(F)(2),
Cain                        Hollis                Mount                    2178.1(C)(9)(a), 2221(F)(2), and 2257(F)(2), relative to state
Chaisson                    Hoyt                  Romero                   and statewide retirement systems; to provide with respect to
Cravins                     Irons                 Smith                    Deferred Retirement Option Plans and Back-Deferred
Dupre                       Johnson               Tarver                   Retirement Option Plans; to provide for investment of the funds
Ellington                   Jones, B              Theunissen               in such plans; to require that any investment of such funds after
Fields                      Jones, CD             Ullo                     the member completes participation in the plan shall be in liquid
 Total—33                                                                  asset money market investments; to provide for an effective date;
                              NAYS                                         and to provide for related matters.

Dean                                                                        On motion of Senator Boissiere, the bill was read by title and
 Total—1                                                               returned to the Calendar, subject to call.
                             ABSENT
                                                                       HOUSE BILL NO. 1884—
                                                                            BY REPRESENTATIVE HEBERT
Mr. President               Lambert               Thomas                                            AN ACT
Dardenne                    Schedler                                   To amend and reenact R.S. 9:4753, relative to privileges; to provide
 Total—5                                                                   for the lien on proceeds recovered on account of injuries; to
                                                                           provide for the requirements necessary to effectuate the lien; and
      The Chair declared the bill was passed. The title was read and       to provide for related matters.
adopted. Senator Dupre moved to reconsider the vote by which the
bill was passed and laid the motion on the table.                          The bill was read by title. Senator Romero moved the final
                                                                       passage of the bill.
HOUSE BILL NO. 1862—
     BY REPRESENTATIVE PERKINS
                            AN ACT                                                               ROLL CALL
To amend and reenact R.S. 15:572(A) and (B), relative to pardons; to
    provide that a pardon shall not be issued to any person unless          The roll was called with the following result:
    that person has paid all of the fees and fines which were
    imposed in connection with the conviction of the crime for                                        YEAS
    which the pardon is to be issued; and to provide for related
    matters.                                                           Adley                        Fontenot                 Malone
                                                                       Bajoie                       Gautreaux                Marionneaux
     The bill was read by title. Senator Fontenot moved the final      Barham                       Heitmeier                McPherson
passage of the bill.                                                   Bean                         Hines                    Michot
                                                                       Cain                         Holden                   Mount
                         ROLL CALL                                     Chaisson                     Hollis                   Romero
                                                                       Cravins                      Hoyt                     Smith
     The roll was called with the following result:                    Dardenne                     Irons                    Tarver
                                                                       Dean                         Johnson                  Theunissen
                               YEAS                                    Dupre                        Jones, B                 Thomas
                                                                       Ellington                    Jones, CD                Ullo
Adley                       Fontenot              Malone               Fields                       Lentini
Bajoie                      Gautreaux             Marionneaux           Total—35
Barham                      Heitmeier             McPherson                                           NAYS
Bean                        Hines                 Michot
Boissiere                   Holden                Mount                 Total—0
Cain                        Hollis                Romero                                             ABSENT
Chaisson                    Hoyt                  Smith
Cravins                     Irons                 Tarver               Mr. President                Lambert
Dean                        Johnson               Theunissen           Boissiere                    Schedler
Dupre                       Jones, B              Thomas                Total—4
Ellington                   Jones, CD             Ullo
Fields                      Lentini                                         The Chair declared the bill was passed. The title was read and
 Total—35                                                              adopted. Senator Romero moved to reconsider the vote by which the
                              NAYS                                     bill was passed and laid the motion on the table.

 Total—0
                             ABSENT
Mr. President               Lambert
Dardenne                    Schedler
Page 74 SENATE                                                                             46th DAY'S PROCEEDINGS
June 20, 2003
HOUSE BILL NO. 1896—                                                                              ROLL CALL
     BY REPRESENTATIVE PITRE
                              AN ACT                                         The roll was called with the following result:
To enact R.S. 9:2800.13, relative to liability for damages related to
    transportation of material by carrier; to provide for specific                                      YEAS
    findings of fact; to provide for a determination of causation; to
    provide for evidence of negligence or fault; to provide for the     Mr. President                Fields                   Malone
    applicability of comparative fault; and to provide for related      Adley                        Fontenot                 Marionneaux
    matters.                                                            Bajoie                       Gautreaux                McPherson
                                                                        Barham                       Heitmeier                Michot
     The bill was read by title. Senator Adley moved the final          Bean                         Hines                    Mount
passage of the bill.                                                    Boissiere                    Holden                   Romero
                                                                        Cain                         Hollis                   Schedler
                         ROLL CALL                                      Chaisson                     Hoyt                     Smith
                                                                        Cravins                      Irons                    Tarver
     The roll was called with the following result:                     Dardenne                     Johnson                  Theunissen
                                                                        Dean                         Jones, B                 Thomas
                               YEAS                                     Dupre                        Jones, CD                Ullo
                                                                        Ellington                    Lentini
Mr. President               Fields                Malone                 Total—38
Adley                       Fontenot              Marionneaux                                           NAYS
Bajoie                      Gautreaux             McPherson
Barham                      Heitmeier             Michot                 Total—0
Bean                        Hines                 Mount                                               ABSENT
Boissiere                   Holden                Romero
Cain                        Hollis                Smith                 Lambert
Chaisson                    Hoyt                  Tarver                 Total—1
Cravins                     Irons                 Theunissen
Dardenne                    Johnson               Thomas                     The Chair declared the amended bill was passed. The title was
Dean                        Jones, B              Ullo                  read and adopted. Senator Chaisson moved to reconsider the vote by
Dupre                       Jones, CD                                   which the bill was passed and laid the motion on the table.
Ellington                   Lentini
 Total—37                                                               HOUSE BILL NO. 1969—
                               NAYS                                          BY REPRESENTATIVE SCHWEGMANN
                                                                                                      AN ACT
 Total—0                                                                To enact R.S. 33:9076, relative to improvement districts; to provide
                             ABSENT                                          for the continued levy of certain taxes and fees that support
                                                                             certain improvement districts; to provide for voting
Lambert                     Schedler                                         requirements; to provide for an effective date; and to provide for
 Total—2                                                                     related matters.
      The Chair declared the bill was passed. The title was read and        The bill was read by title. Senator Johnson moved the final
adopted. Senator Adley moved to reconsider the vote by which the        passage of the bill.
bill was passed and laid the motion on the table.
                                                                                                  ROLL CALL
HOUSE BILL NO. 1916—
     BY REPRESENTATIVE DARTEZ
                                                                             The roll was called with the following result:
                              AN ACT
To amend and reenact R.S. 33:2333(B)(2)(a) and to repeal R.S.                                           YEAS
    33:2333(B)(3), relative to the disposition of stolen, seized, or
    relinquished property; to provide with respect to the disposition   Mr. President                Fields                   Marionneaux
    of noncontraband property; and to provide for related matters.      Adley                        Fontenot                 Michot
                                                                        Bajoie                       Gautreaux                Mount
                Floor Amendments Sent Up                                Barham                       Heitmeier                Romero
                                                                        Bean                         Holden                   Schedler
     Senator Chaisson sent up floor amendments which were read.         Boissiere                    Hoyt                     Smith
                                                                        Cain                         Irons                    Tarver
                SENATE FLOOR AMENDMENTS                                 Chaisson                     Johnson                  Theunissen
                                                                        Dardenne                     Jones, B                 Thomas
Amendments proposed by Senator Chaisson to Engrossed House Bill         Dean                         Jones, CD                Ullo
No. 1916 by Representative Dartez                                       Dupre                        Lentini
                                                                        Ellington                    Malone
AMENDMENT NO. 1                                                          Total—34
On page 1, line 15, change "twenty" to "fifty"                                                          NAYS
     On motion of Senator Chaisson, the amendments were adopted.         Total—0
                                                                                                      ABSENT
     The bill was read by title. Senator Chaisson moved final passage
of the amended bill.                                                    Cravins                      Hollis                   McPherson
                                                                        Hines                        Lambert
                                                                         Total—5
46th DAY'S PROCEEDINGS                                                                                 Page 75 SENATE
                                                                                                                         June 20, 2003
                                                                                                   ROLL CALL
      The Chair declared the bill was passed. The title was read and
adopted. Senator Johnson moved to reconsider the vote by which the            The roll was called with the following result:
bill was passed and laid the motion on the table.
                                                                                                         YEAS
HOUSE BILL NO. 2016 (Substitute for House Bill No. 1060 by
   Representative Beard)—                                                Adley                        Fields                   Marionneaux
     BY REPRESENTATIVE BEARD
                                                                         Bajoie                       Fontenot                 McPherson
                               AN ACT                                    Barham                       Gautreaux                Michot
To enact Chapter 17 of Subtitle II of Title 30 of the Louisiana          Bean                         Heitmeier                Mount
    Revised Statutes of 1950, to be comprised of R.S. 30:2391            Boissiere                    Holden                   Romero
    through 2398, relative to reclaimed water; to establish a            Cain                         Hollis                   Schedler
    reclaimed water program; to provide for definitions; to prohibit     Chaisson                     Hoyt                     Smith
    the use of potable water for certain purposes if reclaimed water     Cravins                      Irons                    Tarver
    is available; to provide for the use of revenue collected from the   Dardenne                     Johnson                  Theunissen
    sale of reclaimed water; to create a drought-proof supply of         Dean                         Jones, CD                Thomas
    water for industry; and to provide for related matters.              Dupre                        Lentini                  Ullo
                                                                         Ellington                    Malone
                Floor Amendments Sent Up                                  Total—35
                                                                                                         NAYS
     Senator Hoyt sent up floor amendments which were read.
                                                                          Total—0
               SENATE FLOOR AMENDMENTS                                                                 ABSENT
Amendments proposed by Senator Hoyt to Reengrossed House Bill            Mr. President                Jones, B
No. 2016 by Representative Beard                                         Hines                        Lambert
                                                                          Total—4
AMENDMENT NO. 1
On page 4, line 8, after "grassy" and before "areas" insert "non-             The Chair declared the amended bill was passed. The title was
developed"                                                               read and adopted. Senator Fontenot moved to reconsider the vote by
                                                                         which the bill was passed and laid the motion on the table.
     On motion of Senator Hoyt, the amendments were adopted.
                                                                         HOUSE BILL NO. 2020 (Substitute for House Bill No. 1546 by
                Floor Amendments Sent Up                                    Representative Bowler)—
                                                                              BY REPRESENTATIVE BOWLER
     Senator Fontenot sent up floor amendments which were read.                                      AN ACT
                                                                         To amend and reenact R.S. 9:2273, relative to trusts; to provide for
               SENATE FLOOR AMENDMENTS                                       the definition of corporate trustee; and to provide for related
                                                                             matters.
Amendments proposed by Senator Fontenot to Reengrossed House
Bill No. 2016 by Representative Beard                                         On motion of Senator Adley, the bill was read by title and
                                                                         returned to the Calendar, subject to call.
AMENDMENT NO. 1
On page 1 lined 3 change "2398" to "2399"                                HOUSE BILL NO. 2022 (Substitute for House Bill No. 1932 by
                                                                            Representative Daniel)—
                                                                              BY REPRESENTATIVE DANIEL
AMENDMENT NO. 2
On page 1, line 11 change "2398" to "2399"                                                              AN ACT
                                                                         To enact R.S. 30:2015.1, relative to the remediation of usable ground
AMENDMENT NO. 3                                                              water; to provide for purpose; to provide for notice of actions to
On page 6, below line 15, insert the following:                              recover damages for usable ground water contamination; to
     "§2399. Design of Reclaimed Water System                                provide for certain state departments intervening or being made
     A. Reclaimed water systems shall be designed with the goal of           parties to such actions; to provide for remediation plans and
preventing the contamination of potable water.                               response by certain state agencies; to provide for damages to be
     B. All transmission and distribution piping for a reclaimed             placed into the registry of the court; to provide for certain court
water system shall comply with the requirements of Part XII (Water           costs; to provide for expenditure of funds from such registry; to
Supply) and Part XIV (Plumbing) of the Louisiana State Sanitary              provide for posting of bonds; and to provide for related matters.
Code relative to color-coding, non-potable water identification,
complete separation from potable water systems, separation distances                     Floor Amendments Sent Up
from potable water piping when run in parallel, separation distance
requirements when crossing potable water line, and such other                 Senator Adley sent up floor amendments which were read.
necessary items."
                                                                                         SENATE FLOOR AMENDMENTS
     On motion of Senator Fontenot, the amendments were adopted.
                                                                         Amendments proposed by Senator Adley to Engrossed House Bill
     The bill was read by title. Senator Fontenot moved final passage    No. 2022 by Representative Daniel
of the amended bill.
                                                                         AMENDMENT NO. 1
                                                                         Delete Senate Committee Amendments 1, 2, 4, 8, 9, 10, & 12.
                                                                         AMENDMENT NO. 2
                                                                         On page 2, delete lines 4 through 7 in their entirety.
Page 76 SENATE                                                                               46th DAY'S PROCEEDINGS
June 20, 2003
AMENDMENT NO. 3                                                            On page 6, line 2, delete "pursuant" and on line 3, delete "to
On page 2, line 8, after "pleading" delete ", or" and insert "by any       Subsections C and D of this Section"
plaintiff in the principal demand, or his"
                                                                           AMENDMENT NO. 14
AMENDMENT NO. 4                                                            On page 6, line 11, after "appeal. The" insert "review or"
On page 2, delete lines 11 and 12 in their entirety and insert the
following: "pollution that is alleged to impact or threaten usable         AMENDMENT NO. 15
ground water, such plaintiff"                                              On page 6, delete lines 14 through 25 in their entirety and insert the
                                                                           following:
AMENDMENT NO. 5                                                                 "H. The provisions of this Section are intended to ensure
On page 2, line 13, delete "or parties"                                    evaluation and remediation of usable ground water. When the court
                                                                           does not find contamination or pollution or a threat of contamination
AMENDMENT NO. 6                                                            or pollution to usable ground water the court may dismiss the
On page 2, line 25, after "Procedure." insert the following: "Such         Department of Natural Resources and the Department of
department shall not have the right to independently assert a plea for     Environmental Quality from the litigation."
damages to usable ground water beyond that stated by the plaintiff in
the principal demand. However, nothing in this Section shall               AMENDMENT NO. 16
diminish the authority of the departments from independently               On page 7, line 12, delete "a written" and insert "an expressed or
bringing any civil or administrative enforcement action.                   implied"
AMENDMENT NO. 7                                                            AMENDMENT NO. 17
On page 3, line 10, after "court" delete "shall also"                      On page 7, delete lines 14 through 22 in their entirety and on line 23
                                                                           change "K" to "J"
AMENDMENT NO. 8
On page 3, line 24, delete "source of"                                     AMENDMENT NO. 18
                                                                           On page 8, line 7, change "L" to "K"
AMENDMENT NO. 9
On page 4, delete lines 3 through 14 in their entirety and insert the          On motion of Senator Adley, the amendments were adopted.
following:
      "(4) No plan shall be adopted by the court without the court              The bill was read by title. Senator Adley moved final passage
having provided the Department of Natural Resources or the                 of the amended bill.
Department of Environmental Quality an opportunity to provide input
into the formulation of the plan and without the court having given                                 ROLL CALL
consideration to any input provided by the departments.
      D. After a trial on the merits, if the court makes a determination       The roll was called with the following result:
that contamination exists which poses a threat to public health as to
which evaluation or remediation is required to protect usable ground                                      YEAS
water and determines the party responsible, the court shall render
judgment adopting the plan which the court determines is the most          Mr. President                Ellington               Malone
feasible plan to evaluate or remediate the contamination and protect       Adley                        Fontenot                Marionneaux
the usable ground water consistent with the health, safety, and welfare    Bajoie                       Heitmeier               Michot
of the people. To the extent the judgment requires the evaluation or       Barham                       Hines                   Mount
remediation to protect usable ground water, the court shall order the      Bean                         Holden                  Romero
responsible party to deposit the estimated cost to implement the plan      Boissiere                    Hollis                  Schedler
in the registry of the court. The court shall order the Department of      Cain                         Hoyt                    Smith
Natural Resources or the Department of Environmental Quality to            Chaisson                     Irons                   Tarver
respond to any plan submitted within sixty days from the date of           Cravins                      Johnson                 Theunissen
submission. No plan shall be adopted by the court without the court        Dardenne                     Jones, B                Thomas
having provided the Department of Natural Resources or the                 Dean                         Jones, CD
Department of Environmental Quality an opportunity to provide input        Dupre                        Lentini
into the formulation of the plan and without the court having given         Total—34
consideration to any input provided by the departments."                                                  NAYS
AMENDMENT NO. 10                                                           Fields                       Gautreaux               Ullo
On page 4, line 17, after "payments" delete "awarded," and on line          Total—3
18, after "interest thereon," insert "awarded"                                                           ABSENT
AMENDMENT NO. 11                                                           Lambert                      McPherson
On page 4, line 19, after "pollution" delete the remainder of the line      Total—2
and delete lines 20 and 21 in their entirety and insert the following:
"that impacts or threatens to impact usable ground water shall be paid          The Chair declared the amended bill was passed. The title was
exclusively into the registry of the court as provided in this Section."   read and adopted. Senator Adley moved to reconsider the vote by
                                                                           which the bill was passed and laid the motion on the table.
AMENDMENT NO. 12
On page 5, line 24, after "attorney fees" insert "attributable to                           Mr. President in the Chair
producing that portion of evidence that directly relates to the claims
of contamination or pollution that impacts or threatens, to impact
usable ground water."
AMENDMENT NO. 13
46th DAY'S PROCEEDINGS                                                                              Page 77 SENATE
                                                                                                                       June 20, 2003
HOUSE BILL NO. 2026 (Substitute for House Bill No. 408 by              AMENDMENT NO. 1
   Representative Martiny)—                                            On page 1, line 2, after "27:317" insert "and 318(A)"
     BY REPRESENTATIVE MARTINY
                             AN ACT                                    AMENDMENT NO. 2
To enact R.S. 27:311(F), relative to the Video Draw Poker Devices      On page 1, line 9, after "27:317" delete "is" and insert "and 318(A)
    Control Law; to exempt device owners from maintaining a            are"
    minimum balance or security under certain conditions; to
    provide penalties; and to provide for related matters.             AMENDMENT NO. 3
                                                                       On page 2, after line 24, insert the following:
     The bill was read by title. Senator Cravins moved the final       "§318. Distribution of device revenues; particular licensed
passage of the bill.                                                         establishments; pari-mutuel wagering facilities
                                                                             A.(1) When the The owner of the licensed establishment is not
                         ROLL CALL                                     the licensed device owner of the devices placed in or on his premises,
                                                                       one-half of the monthly net device revenues received by the
     The roll was called with the following result:                    establishment owner, after deduction of one-twelfth the estimated
                                                                       total of the annual establishment fees plus one hundred dollars per
                               YEAS                                    device per month and any fee or tax levied by the local governing
                                                                       authority, shall pay twenty percent of the net device revenue derived
Adley                       Fontenot              Marionneaux          from the operation of devices at that licensed establishment to be
Bajoie                      Gautreaux             Mount                used to supplement purses for horsemen as provided in Subsection B
Bean                        Heitmeier             Romero               of this Section and shall be added to those presently available under
Boissiere                   Hines                 Schedler             R.S. 4:183. Such monies shall be made available for use as purses
Cain                        Holden                Tarver               monthly, prior to the twentieth day of the month following the month
Chaisson                    Hollis                Theunissen           in which they are earned.
Cravins                     Hoyt                  Thomas                     (2) When the owner of the licensed establishment is the licensed
Dean                        Irons                 Ullo                 device owner of the devices placed in or on his premises, one-half of
Dupre                       Johnson                                    the monthly net device revenues received by the establishment owner
Fields                      Jones, CD                                  in excess of five hundred dollars shall be used to supplement purses
 Total—28                                                              for horsemen as provided in Subsection B of this Section and shall be
                              NAYS                                     added to those presently available under R.S. 4:183. Such monies
                                                                       shall be made available for use as purses monthly, prior to the
Mr. President               Ellington             Malone               twentieth day of the month following the month in which they are
Barham                      Jones, B              Michot               earned.
Dardenne                    Lentini               Smith                                           *       *      *"
 Total—9
                             ABSENT                                         On motion of Senator Cravins, the amendments were adopted.
Lambert                     McPherson                                                  Floor Amendments Sent Up
 Total—2
                                                                            Senator Cravins sent up floor amendments which were read.
      The Chair declared the bill was passed. The title was read and
adopted. Senator Cravins moved to reconsider the vote by which the                    SENATE FLOOR AMENDMENTS
bill was passed and laid the motion on the table.
                                                                       Amendments proposed by Senator Cravins to Reengrossed House
                      Personal Privilege                               Bill No. 2027 by Representative Martiny
     Senator Cain asked for and obtained the floor of the Senate on    AMENDMENT NO. 1
a point of personal privilege, and stated he had voted in error on     Delete Senate Committee Amendment No. 1 proposed by the Senate
House Bill No. 2026. He voted yea on the bill and had intended to      Committee on Judiciary B and adopted by the Senate on June 11,
vote nay. He asked that the Official Journal so state.                 2003.
HOUSE BILL NO. 2027 (Substitute for House Bill No. 466 by              AMENDMENT NO. 2
   Representative Martiny)—                                            On page 1, line 2, after "R.S. 27:317" and before the comma ","
     BY REPRESENTATIVE MARTINY                                         delete "and to enact R.S. 27:302.1" and insert in lieu thereof "(B)"
                              AN ACT
To amend and reenact R.S. 27:317 and to enact R.S. 27:302.1,           AMENDMENT NO. 3
    relative to the Video Draw Poker Devices Control Law; to           On page 1, line 3, after "Law;" delete the remainder of the line and
    provide that certain parts for video draw poker devices can be     delete line 4 and at the beginning of line 5 delete "licensed
    purchased from sources other than licensed manufacturers and       manufacturer and distributor; to delete" and insert in lieu thereof "to
    distributors; to delete residence and domicile requirements for    provide with respect to"
    certain licensees; and to provide for related matters.
                                                                       AMENDMENT NO. 4
                Floor Amendments Sent Up                               On page 1, line 9, after "R.S. 27:317" and before "is" insert "(B)"
     Senator Cravins sent up floor amendments which were read.         AMENDMENT NO. 5
                                                                       Delete Senate Committee Amendment No. 4 proposed by the Senate
                SENATE FLOOR AMENDMENTS                                Committee on Judiciary B and adopted by the Senate on June 11,
                                                                       2003.
Amendments proposed by Senator Cravins to Reengrossed House Bill
No. 2027 by Representative Martiny                                     AMENDMENT NO. 6
Page 78 SENATE                                                                              46th DAY'S PROCEEDINGS
June 20, 2003
Delete Senate Committee Amendment No. 5 proposed by the Senate            Bajoie                       Gautreaux                Michot
Committee on Judiciary B and adopted by the Senate on June 11,            Barham                       Hines                    Mount
2003.                                                                     Bean                         Holden                   Romero
                                                                          Boissiere                    Hollis                   Schedler
AMENDMENT NO. 7                                                           Cain                         Hoyt                     Smith
On page 2, delete lines 2 through 13 and insert in lieu thereof           Chaisson                     Irons                    Tarver
                        "*      *       *"                                Cravins                      Johnson                  Theunissen
                                                                          Dardenne                     Jones, B                 Thomas
     On motion of Senator Cravins, the amendments were adopted.           Dupre                        Jones, CD                Ullo
                                                                          Ellington                    Lentini
     The bill was read by title. Senator Cravins moved final passage       Total—35
of the amended bill.                                                                                     NAYS

                          ROLL CALL                                       Dean
                                                                           Total—1
     The roll was called with the following result:                                                     ABSENT

                                YEAS                                      Heitmeier                    Lambert                  McPherson
                                                                           Total—3
Adley                        Hines                  Marionneaux
Bajoie                       Holden                 Mount                      The Chair declared the bill was passed. The title was read and
Bean                         Hollis                 Romero                adopted. Senator Schedler moved to reconsider the vote by which
Boissiere                    Hoyt                   Schedler              the bill was passed and laid the motion on the table.
Cain                         Irons                  Tarver
Cravins                      Johnson                Theunissen            HOUSE BILL NO. 2032 (Substitute for House Bill No. 1593 by
Dardenne                     Jones, B               Thomas                   Representative Flavin)—
                                                                               BY REPRESENTATIVE FLAVIN
Dupre                        Jones, CD              Ullo
Fields                       Lentini                                                                    AN ACT
Gautreaux                    Malone                                       To enact Subpart M of Part IV of Chapter 1 of Title 33 of the
 Total—28                                                                     Louisiana Revised Statutes of 1950, to be comprised of R.S.
                               NAYS                                           33:140.201 through 140.207, relative to physical development
                                                                              of parishes and municipalities; to provide with respect to the
Mr. President                Dean                   Smith                     creation of a metropolitan planning commission in the parish of
Barham                       Ellington                                        Calcasieu; to provide for the creation, organization, powers, and
Chaisson                     Michot                                           duties of a metropolitan planning commission; to provide with
 Total—7                                                                      respect to the regulation of the subdivision and zoning of land
                              ABSENT                                          in the metropolitan planning area; to provide for the adoption
                                                                              of ordinances prescribing minimum construction, health, and
Fontenot                     Lambert                                          sanitation standards; to provide for joint or correlated action by
Heitmeier                    McPherson                                        the governing authority of any municipality within the parish
 Total—4                                                                      and the police jury of Calcasieu Parish in the adoption of
                                                                              ordinances or other measures; and to provide for related matters.
     The Chair declared the amended bill was passed. The title was
read and adopted. Senator Cravins moved to reconsider the vote by             The bill was read by title. Senator Mount moved the final
which the bill was passed and laid the motion on the table.               passage of the bill.

HOUSE BILL NO. 2030 (Substitute for House Bill No. 1083 by                                         ROLL CALL
   Representative Powell)—
     BY REPRESENTATIVE POWELL                                                  The roll was called with the following result:
                               AN ACT
To enact Subpart B-33 of Part IV of Chapter 1 of Title 33 of the                                         YEAS
    Louisiana Revised Statutes of 1950, to be comprised of R.S.
    33:130.611 through 130.619, to create the Hammond Area                Mr. President                Ellington                Lentini
    Economic and Industrial Development District; to provide              Adley                        Fields                   Malone
    relative to the boundaries and purposes of the district; to provide   Bajoie                       Fontenot                 Marionneaux
    relative to the governing authority of the district and its powers    Barham                       Gautreaux                Michot
    and duties; to provide relative to taxes to be levied and collected   Bean                         Hines                    Mount
    in the district; to provide relative to the issuance of bonds; and    Boissiere                    Holden                   Romero
    to provide for related matters.                                       Cain                         Hollis                   Schedler
                                                                          Chaisson                     Hoyt                     Smith
     The bill was read by title. Senator Schedler moved the final         Cravins                      Irons                    Tarver
passage of the bill.                                                      Dardenne                     Johnson                  Theunissen
                                                                          Dean                         Jones, B                 Thomas
                          ROLL CALL                                       Dupre                        Jones, CD                Ullo
                                                                           Total—36
     The roll was called with the following result:                                                      NAYS

                                YEAS                                       Total—0
                                                                                                        ABSENT
Mr. President                Fields                 Malone
Adley                        Fontenot               Marionneaux           Heitmeier                    Lambert                  McPherson
46th DAY'S PROCEEDINGS                                                                                   Page 79 SENATE
                                                                                                                           June 20, 2003
 Total—3                                                                        before disposing of solid waste in a location outside the
                                                                                boundaries of the governing authority; to provide for criterion;
      The Chair declared the bill was passed. The title was read and            and to provide for related matters.
adopted. Senator Mount moved to reconsider the vote by which the
bill was passed and laid the motion on the table.                              On motion of Senator Cravins, the bill was read by title and
                                                                           withdrawn from the files of the Senate.
                        Rules Suspended
                                                                                             Called from the Calendar
      Senator Adley asked for and obtained a suspension of the rules
for the purpose of taking up at this time.                                      Senator Heitmeier asked that Senate Bill No. 668 be called from
                                                                           the Calendar at this time.
          Senate Bills and Joint Resolutions on
           Third Reading and Final Passage,                                SENATE BILL NO. 668—
                                                                                BY SENATOR HEITMEIER
                     Subject to Call                                                                      AN ACT
                                                                           To amend and reenact R.S. 45:844.12(4), relative to "telephone
     The following Senate Bills and Joint Resolutions on third                 solicitation"; to provide an exception for telemarketing calls that
reading and final passage, subject to call, were taken up and acted            do not complete a sale during the call; and to provide for related
upon as follows:                                                               matters.

                  Called from the Calendar                                     On motion of Senator Heitmeier, the bill was read by title and
                                                                           withdrawn from the files of the Senate.
    Senator Dupre asked that Senate Bill No. 28 be called from the
Calendar at this time.                                                                       Called from the Calendar
SENATE BILL NO. 28—                                                             Senator Malone asked that Senate Bill No. 883 be called from
     BY SENATOR DUPRE AND REPRESENTATIVE PITRE                             the Calendar at this time.
                               AN ACT
To enact R.S. 47:463.111, relative to motor vehicles; to provide           SENATE BILL NO. 883—
    relative to the issuance of license plates; to create the "America's        BY SENATOR MALONE
    WETLAND" prestige license plate to promote Louisiana's                                             AN ACT
    coastal wetlands and coastal wetland restoration; to provide           To enact R.S. 44:4(37), relative to records of the office of
    relative to the fee for such plates; to provide for the design of         conservation; to exempt certain records from public records
    such plates; to authorize the promulgation of rules and                   laws; to provide terms and conditions; and to provide for related
    regulations; and to provide for related matters.                          matters.
    On motion of Senator Dupre, the bill was read by title and                 On motion of Senator Malone, the bill was read by title and
withdrawn from the files of the Senate.                                    withdrawn from the files of the Senate.

                  Called from the Calendar                                                   Called from the Calendar
    Senator Dupre asked that Senate Bill No. 287 be called from the             Senator Adley asked that Senate Bill No. 1051 be called from
Calendar at this time.                                                     the Calendar at this time.
SENATE BILL NO. 287—                                                       SENATE BILL NO. 1051—
     BY SENATOR DUPRE                                                           BY SENATOR ADLEY
                              AN ACT                                                                    AN ACT
To amend and reenact R.S. 32:295(A),(B)(2), (C), and (D); and to           To amend and reenact R.S. 27:93(A)(1), (2)(introductory paragraph)
    enact R.S. 32:295(B)(3) and (I), relative to child passenger               and (a), (7)(a)(b)(c)(d) and (e), (8)(a)(b)(c)(d) and (e), and
    restraint systems in motor vehicles; to provide for the age at             93(B), to enact R.S. 27:93(A)(7)(f) and (9), and to repeal R.S.
    which certain child restraint systems shall be used; to provide            27:93(A)(2)(e), (f), and (i), relative to the Louisiana Gaming
    for definitions; to provide for situations in which passenger side         Control Law; to provide with respect to the Louisiana Riverboat
    airbag systems are activated; to provide for an effective date; and        Economic Development and Gaming Control Act; to provide for
    to provide for related matters.                                            admission fees for riverboats; to provide for allocation of funds
                                                                               derived from riverboat boarding fees on certain riverboats in
    On motion of Senator Dupre, the bill was read by title and                 Bossier Parish; to provide for the levying of boarding fees in
withdrawn from the files of the Senate.                                        Bossier Parish in certain cases; and to provide for related
                                                                               matters.
                  Called from the Calendar
                                                                               On motion of Senator Adley, the bill was read by title and
     Senator Cravins asked that Senate Bill No. 447 be called from         withdrawn from the files of the Senate.
the Calendar at this time.
                                                                                                   Rules Suspended
SENATE BILL NO. 447—
     BY SENATOR CRAVINS                                                         Senator Schedler asked for and obtained a suspension of the
                             AN ACT                                        rules for the purpose of hearing House Bill No. 1670 in the
To amend and reenact R.S. 30:2154(B)(7), and to enact R.S.                 Committee on Health and Welfare without the required 24 hour
    30:2154(B)(6), relative to the disposal of solid waste; to require     notice.
    local governing authorities in parishes with populations between
    seventy-seven thousand and eighty-eight thousand; to obtain an
    annual permit from the Department of Environmental Quality
Page 80 SENATE                                                                              46th DAY'S PROCEEDINGS
June 20, 2003
           House Bills and Joint Resolutions on                           Mr. President               Fields                 Marionneaux
                      Third Reading                                       Adley                       Gautreaux              Michot
                                                                          Bajoie                      Heitmeier              Mount
              and Final Passage, Resumed                                  Barham                      Holden                 Romero
                                                                          Bean                        Hollis                 Schedler
     The following House Bills and Joint Resolutions on third             Boissiere                   Hoyt                   Smith
reading and final passage were taken up and acted upon as follows:        Cain                        Irons                  Tarver
                                                                          Chaisson                    Johnson                Theunissen
HOUSE BILL NO. 107—                                                       Cravins                     Jones, B               Thomas
     BY REPRESENTATIVE WELCH
                            AN ACT                                        Dardenne                    Jones, CD              Ullo
To enact R.S. 9:3577.3(C), relative to credit card solicitation; to       Dupre                       Lentini
    prohibit credit card issuers from offering inducements to             Ellington                   Malone
    students; and to provide for related matters.                          Total—34
                                                                                                         NAYS
     The bill was read by title. Senator Fields moved the final            Total—0
passage of the bill.                                                                                   ABSENT
                          ROLL CALL                                       Dean                        Hines                  McPherson
                                                                          Fontenot                    Lambert
     The roll was called with the following result:                        Total—5
                                YEAS                                           The Chair declared the bill was passed. The title was read and
                                                                          adopted. Senator Irons moved to reconsider the vote by which the
Mr. President                Fields                 Malone                bill was passed and laid the motion on the table.
Adley                        Fontenot               Marionneaux
Bajoie                       Gautreaux              Michot                HOUSE BILL NO. 439—
Barham                       Heitmeier              Mount                      BY REPRESENTATIVE MARTINY
Bean                         Holden                 Romero                                             AN ACT
Boissiere                    Hollis                 Schedler              To amend and reenact R.S. 17:3048.1(A)(1)(c)(iii), relative to the
Cain                         Hoyt                   Smith                     Tuition Opportunity Program for Students Performance Award;
Chaisson                     Irons                  Tarver                    to provide eligibility requirements for an initial award; to
Cravins                      Johnson                Theunissen                provide conditions and limitations; to provide for effectiveness;
Dardenne                     Jones, B               Thomas                    to provide for an effective date; and to provide for related
Dupre                        Jones, CD              Ullo                      matters.
Ellington                    Lentini
 Total—35                                                                                 Floor Amendments Sent Up
                               NAYS
                                                                               Senator B. Jones sent up floor amendments which were read.
 Total—0
                              ABSENT                                                      SENATE FLOOR AMENDMENTS
Dean                         Lambert                                      Amendments proposed by Senator BJones to Engrossed House Bill
Hines                        McPherson                                    No. 439 by Representative Martiny
 Total—4
                                                                          AMENDMENT NO. 1
      The Chair declared the bill was passed. The title was read and      On page 4, between lines 4 and 5, insert the following:
adopted. Senator Fields moved to reconsider the vote by which the              "Section 2. The provisions of this Act shall become null and
bill was passed and laid the motion on the table.                         void and terminate on June 30, 2006."
HOUSE BILL NO. 404—                                                       AMENDMENT NO. 2
     BY REPRESENTATIVES HUDSON, CURTIS, LAFLEUR, MORRELL,
     NEVERS, JACK SMITH, TRICHE, WELCH, WINSTON, BRUCE, ROMERO,           On page 4, line 5, change "Section 2." to "Section 3."
     AND SNEED
                             AN ACT                                            On motion of Senator B. Jones, the amendments were adopted.
To enact R.S. 14:79.2 and R.S. 46:2143, relative to domestic abuse
    assistance; to authorize the use of electronic monitoring                             Floor Amendments Sent Up
    equipment in certain domestic violence cases; to require the
    court to specify the terms of electronic monitoring; to provide            Senator Theunissen sent up floor amendments which were read.
    for minimum requirements of electronic monitoring; to create
    the crime of tampering with electronic monitoring equipment; to                       SENATE FLOOR AMENDMENTS
    provide for criminal penalties; and to provide for related matters.
                                                                          Amendments proposed by Senator Theunissen to Engrossed House
     The bill was read by title. Senator Irons moved the final passage    Bill No. 439 by Representative Martiny
of the bill.
                                                                          AMENDMENT NO. 1
                          ROLL CALL                                       On page 3, line 4, change "5.0" to "5.0 4.0"
     The roll was called with the following result:                       AMENDMENT NO. 2
                                                                          On page 3, delete lines 17 through 26 and on page 4, delete lines 1
                                YEAS                                      through 3
46th DAY'S PROCEEDINGS                                                                                  Page 81 SENATE
                                                                                                                         June 20, 2003
    On motion of Senator Theunissen, the amendments were                   In Senate Committee Amendment No. 2 proposed by the Senate
adopted.                                                                   Committee on Commerce, Consumer Protection, and International
                                                                           Affairs and adopted by the Senate on June 12, 2003, on page 3, delete
     The bill was read by title. Senator Lentini moved final passage       lines 37 through 39.
of the amended bill.
                                                                           AMENDMENT NO. 3
                          ROLL CALL                                        In Senate Committee Amendment No. 2 proposed by the Senate
                                                                           Committee on Commerce, Consumer Protection, and International
     The roll was called with the following result:                        Affairs and adopted by the Senate on June 12, 2003, on page 4, at the
                                                                           beginning of line 44 delete "registration" and insert "license"
                                YEAS
                                                                               On motion of Senator Hollis, the amendments were adopted.
Mr. President                Ellington               Lentini
Adley                        Fields                  Malone                                 Floor Amendments Sent Up
Bajoie                       Fontenot                Marionneaux
Barham                       Gautreaux               Mount                     Senator Michot sent up floor amendments which were read.
Bean                         Heitmeier               Romero
Boissiere                    Holden                  Smith                                 SENATE FLOOR AMENDMENTS
Cain                         Hollis                  Tarver
Chaisson                     Hoyt                    Theunissen            Amendments proposed by Senator Michot to Reengrossed House Bill
Cravins                      Irons                   Thomas                No. 515 by Representative Pinac
Dardenne                     Johnson                 Ullo
Dean                         Jones, B                                      AMENDMENT NO. 1
Dupre                        Jones, CD                                     In Senate Committee Amendment No. 2 proposed by the Senate
 Total—34                                                                  Committee on Commerce, Consumer Protection and International
                                NAYS                                       Affairs and adopted by the Senate on June 12, 2003, on page 5, line
                                                                           17 thereof, change ""is found guilty after" to "enters"
 Total—0
                              ABSENT                                           On motion of Senator Michot, the amendments were adopted.
Hines                        McPherson               Schedler                   The bill was read by title. Senator Hollis moved final passage
Lambert                      Michot                                        of the amended bill.
 Total—5
                                                                                                    ROLL CALL
     The Chair declared the amended bill was passed. The title was
read and adopted. Senator Lentini moved to reconsider the vote by              The roll was called with the following result:
which the bill was passed and laid the motion on the table.
                                                                                                          YEAS
HOUSE BILL NO. 515—
     BY REPRESENTATIVE PINAC
                                                                           Adley                       Fields                   Malone
                              AN ACT                                       Bajoie                      Fontenot                 Marionneaux
To enact R.S. 14:331.1 and to repeal Part XV of Chapter 2 of Code          Barham                      Gautreaux                Michot
    Title XII of Code Book III of Title 9 of the Louisiana Revised         Bean                        Heitmeier                Mount
    Statutes of 1950, comprised of R.S. 9:3573.1 through 3573.16,          Boissiere                   Holden                   Romero
    relative to credit repair services; to prohibit the business of        Cain                        Hollis                   Schedler
    credit repair services in the state; to provide for exceptions; to     Chaisson                    Hoyt                     Smith
    provide for penalties for violations; to provide relative to the       Cravins                     Irons                    Tarver
    Office of Financial Institutions; to repeal licensing and              Dardenne                    Johnson                  Theunissen
    regulatory requirements; and to provide for related matters.           Dean                        Jones, B                 Thomas
                                                                           Dupre                       Jones, CD                Ullo
                 Floor Amendments Sent Up                                  Ellington                   Lentini
                                                                            Total—35
     Senator Hollis sent up floor amendments which were read.                                             NAYS
                SENATE FLOOR AMENDMENTS                                     Total—0
                                                                                                        ABSENT
Amendments proposed by Senator Hollis to Reengrossed House Bill
No. 515 by Representative Pinac                                            Mr. President               Lambert
                                                                           Hines                       McPherson
AMENDMENT NO. 1                                                             Total—4
In Senate Committee Amendment No. 2 proposed by the Senate
Committee on Commerce, Consumer Protection, and International                   The Chair declared the amended bill was passed. The title was
Affairs and adopted by the Senate on June 12, 2003, on page 1, line        read and adopted. Senator Hollis moved to reconsider the vote by
22 between "B." and "The Legislature of Louisiana" insert the              which the bill was passed and laid the motion on the table.
following: "The Legislature of Louisiana recognizes the right of the
citizens of the state to utilize the services of qualified credit repair                   Senator Ellington in the Chair
organizations for advice and assistance in improving their credit
matters."
AMENDMENT NO. 2
Page 82 SENATE                                                                               46th DAY'S PROCEEDINGS
June 20, 2003
HOUSE BILL NO. 576—                                                       Delete Senate Committee Amendments No.1 through No. 7 proposed
     BY REPRESENTATIVES LEBLANC, DEWITT, HAMMETT, AND MURRAY              by the Senate Committee on Insurance and adopted by the Senate on
                       A JOINT RESOLUTION                                 June 12, 2003
Proposing to amend Article III, Section 11 of the Constitution of
    Louisiana, relative to the legislative auditor; to prohibit certain   AMENDMENT NO. 2
    political activities by the legislative auditor and his employees;    On page 1, line 2, delete "1471 and" and insert in lieu thereof the
    to prohibit any former legislative auditor from qualifying for        following: "R.S. 40:1428(A)(4)(b)(i),"
    elected public office for a certain time period; to provide for
    submission of the proposed amendment to the electors; and to          AMENDMENT NO. 3
    provide for related matters.                                          On page 1, delete line 3 in its entirety and insert in lieu thereof
                                                                          "relative to"
     The bill was read by title. Senator Ullo moved the final passage
of the bill.                                                              AMENDMENT NO. 4
                                                                          On page 1, line 4, delete "cancellation of" and after "policies;" insert
                          ROLL CALL                                       "to provide for cancellation of policies;"
     The roll was called with the following result:                       AMENDMENT NO. 5
                                                                          On page 1, line 7, after "surcharges;" insert "to provide for
                                YEAS                                      investigations involving fraud and subsequent cancellation of
                                                                          policies;"
Adley                        Ellington              Jones, CD
Bajoie                       Gautreaux              Lentini               AMENDMENT NO. 6
Barham                       Heitmeier              Romero                On page 1, line 9, change "1466(A), and 1471 are" to "and 1466(A)
Bean                         Holden                 Schedler              are"
Boissiere                    Hollis                 Tarver
Chaisson                     Hoyt                   Thomas                AMENDMENT NO. 7
Dardenne                     Johnson                Ullo                  On page 1, line 10, and after "reenacted" delete the remainder of the
Dupre                        Jones, B                                     line in its entirety
 Total—23
                               NAYS                                       AMENDMENT NO. 8
                                                                          On page 1, line 11, delete "hereby enacted"
Cain                         Fontenot               Michot
Cravins                      Irons                  Mount                 AMENDMENT NO. 9
Dean                         Malone                 Smith                 On page 2, line 6, after "by" insert "the inclusion of a"
Fields                       Marionneaux            Theunissen
 Total—12                                                                 AMENDMENT NO. 10
                              ABSENT                                      On page 2, line 7, delete "increasing the existing" and delete "by up
                                                                          to"
Mr. President                Lambert
Hines                        McPherson                                    AMENDMENT NO. 11
 Total—4                                                                  On page 2, line 8, delete "five times"
     The Chair declared the bill failed to pass.                          AMENDMENT NO. 12
                                                                          On page 2, delete lines 25 and 26 in their entirety
                  Notice of Reconsideration
                                                                          AMENDMENT NO. 13
     Senator Ullo, pursuant to Senate Rule Number 11.12, gave             On page 3, delete lines 1 through 18 in their entirety
notice that before the expiration of the Morning Hour of the next
succeeding legislative day of the Senate, he would move to reconsider     AMENDMENT NO. 14
the vote by which the bill failed to pass.                                On page 4, line 5, after "period" insert "." and delete the remainder of
                                                                          the line in its entirety
HOUSE BILL NO. 725—
     BY REPRESENTATIVE BOWLER                                             AMENDMENT NO. 15
                              AN ACT                                      On page 4, delete lines 7 through 18 in their entirety and insert in lieu
To amend and reenact R.S. 22:636.1(B)(2), 636.2(D), 1466(A), and          thereof the following:
    1471 and to enact R.S. 22:636.2(E), 636.9, and 636.10, relative            "Section 2. R.S. 40:1428(A)(4)(b)(i) is hereby amended and
    to the cancellation of insurance policies; to provide for property    reenacted to read as follows:
    and casualty insurance; to provide for automobile insurance; to       §1428. Special assessment; creation of fund
    provide for homeowner's insurance; to provide for premiums,                A.(1)                 *       *       *
    deductibles, and surcharges; and to provide for related matters.           (4)(a)                *       *       *
                                                                               (b) Except as otherwise provided in Subparagraph (a) of this
                Floor Amendments Sent Up                                  Paragraph, the fees collected shall be used solely for the purposes of
                                                                          this Subpart and shall be allocated as follows:
     Senator Boissiere sent up floor amendments which were read.               (i) Seventy-five percent of the fees collected shall be allocated
                                                                          to the insurance fraud investigation unit within the office of state
                SENATE FLOOR AMENDMENTS                                   police. After paying the expenses of the Insurance Fraud
                                                                          Investigation Unit within the office of state police, all remaining
Amendments proposed by Senator Boissiere to Reengrossed House             monies derived from fees, not to exceed three hundred thousand
Bill No. 725 by Representative Bowler                                     dollars annually, shall be allocated to the State Police Pension and
                                                                          Retirement Systems to pay for the benefits granted by the provisions
AMENDMENT NO. 1
46th DAY'S PROCEEDINGS                                                                                Page 83 SENATE
                                                                                                                       June 20, 2003
of the Acts which originate as Senate Bill Nos. 281 and 283 of the       Dardenne                    Holden                    Romero
2003 regular legislative session.                                        Dean                        Irons
                          *       *    *"                                Ellington                   Malone
                                                                          Total—10
    Senator Cain asked for a ruling from the Chair as to whether the                                  ABSENT
amendment was germane to the bill.
                                                                         Bean                        Lambert
       The Chair ruled that the amendment was not germane to the bill.   Hines                       McPherson
                                                                          Total—4
       The amendment was withdrawn.
                                                                              The Chair declared the amended bill was passed. The title was
     On motion of Senator Boissiere, the bill was read by title and      read and adopted. Senator Chaisson moved to reconsider the vote by
returned to the Calendar, subject to call.                               which the bill was passed and laid the motion on the table.
HOUSE BILL NO. 802—                                                      HOUSE BILL NO. 892—
       BY REPRESENTATIVE TRICHE                                               BY REPRESENTATIVE HAMMETT
                              AN ACT                                                                  AN ACT
To enact Subpart B of Part VII of Chapter 6 of Title 40 of the           To amend and reenact R.S. 51:2453(4) and to enact R.S.
    Louisiana Revised Statutes of 1950, to be comprised of R.S.             47:6007(C)(4), relative to economic development incentives; to
    40:1485.1 through 1485.8, relative to carnivals and amusements;         provide that certain out-of-state employees locating in Louisiana
    to create the Louisiana Carnival and Amusement Rider Safety             qualify as "new direct jobs" when determining the amount of
    Act; to require riders of carnival and amusement rides to notify        rebates under the Quality Jobs Rebate Program; to provide
    carnival and amusement owners of injuries sustained on rides;           relative to certain transactions of motion picture investors; to
    to provide for a code of conduct for riders of carnival and             provide for an effective date; and to provide for related matters.
    amusement rides; to require owners of certain carnivals and
    amusements to post notices; to provide for criminal penalties for        The bill was read by title. Senator Hollis moved the final
    violations of certain rules; and to provide for related matters.     passage of the bill.

                  Floor Amendments Sent Up                                                        ROLL CALL
       Senator Heitmeier sent up floor amendments which were read.            The roll was called with the following result:
                SENATE FLOOR AMENDMENTS                                                                 YEAS
Amendments proposed by Senator Heitmeier to Reengrossed House            Adley                       Fields                    Malone
Bill No. 802 by Representative Triche                                    Bajoie                      Fontenot                  Marionneaux
                                                                         Barham                      Gautreaux                 Michot
AMENDMENT NO. 1                                                          Bean                        Heitmeier                 Mount
On page 7, line 3, after "upon conviction" insert "of a first offense"   Boissiere                   Holden                    Romero
                                                                         Cain                        Hollis                    Schedler
AMENDMENT NO. 2                                                          Chaisson                    Hoyt                      Smith
On page 7, line 4, delete "five hundred" and insert "twenty five"        Cravins                     Irons                     Tarver
                                                                         Dardenne                    Jones, B                  Theunissen
AMENDMENT NO. 3                                                          Dupre                       Jones, CD                 Thomas
On page 7, line 4, after "dollars" insert "and for subsequent            Ellington                   Lentini                   Ullo
convictions, up to one hundred dollars in fines"                          Total—33
                                                                                                        NAYS
       On motion of Senator Heitmeier, the amendments were adopted.
                                                                         Dean
     The bill was read by title. Senator Chaisson moved final passage     Total—1
of the amended bill.                                                                                  ABSENT

                           ROLL CALL                                     Mr. President               Johnson                   McPherson
                                                                         Hines                       Lambert
       The roll was called with the following result:                     Total—5

                                 YEAS                                         The Chair declared the bill was passed. The title was read and
                                                                         adopted. Senator Hollis moved to reconsider the vote by which the
Mr. President                 Gautreaux             Mount                bill was passed and laid the motion on the table.
Adley                         Heitmeier             Schedler
Bajoie                        Hollis                Smith                HOUSE BILL NO. 895—
                                                                              BY REPRESENTATIVE LANCASTER
Barham                        Hoyt                  Tarver
Boissiere                     Johnson               Theunissen                                        AN ACT
Chaisson                      Jones, B              Thomas               To amend and reenact R.S. 18:1483(11), relative to the definition of
Cravins                       Jones, CD             Ullo                     major office for the purposes of the Campaign Finance
Dupre                         Lentini                                        Disclosure Act; to remove the exclusion of certain judicial seats
Fontenot                      Michot                                         from the definition of "major office"; and to provide for related
 Total—25                                                                    matters.
                                NAYS
                                                                             The bill was read by title. Senator Dardenne moved the final
Cain                          Fields                Marionneaux          passage of the bill.
Page 84 SENATE                                                                           46th DAY'S PROCEEDINGS
June 20, 2003
                                                                       Total—5
                        ROLL CALL
                                                                           The Chair declared the bill was passed. The title was read and
    The roll was called with the following result:                    adopted. Senator Boissiere moved to reconsider the vote by which
                                                                      the bill was passed and laid the motion on the table.
                              YEAS
                                                                      HOUSE BILL NO. 973—
                                                                           BY REPRESENTATIVE DIEZ
Adley                      Ellington             Lentini
Bajoie                     Fields                Malone                                              AN ACT
Barham                     Gautreaux             Marionneaux          To enact Part XII of Chapter 2 of Code Title XII of Title 9 of the
Bean                       Heitmeier             Michot                   Louisiana Revised Statutes of 1950, to be comprised of R.S.
Boissiere                  Holden                Mount                    9:3568, and R.S. 9:3571.1(H)(3) and (I) through (L), relative to
Cain                       Hollis                Schedler                 consumer credit; to provide for protection of victims of identity
Chaisson                   Hoyt                  Smith                    theft; to provide for police reports; to provide for information to
Cravins                    Irons                 Theunissen               be made available by creditors; to provide for security alerts; to
Dardenne                   Johnson               Thomas                   provide for damages; and to provide for related matters.
Dean                       Jones, B              Ullo
Dupre                      Jones, CD                                       The bill was read by title. Senator Hoyt moved the final passage
 Total—32                                                             of the bill.
                              NAYS
                                                                                                ROLL CALL
Fontenot
 Total—1                                                                   The roll was called with the following result:
                            ABSENT
                                                                                                      YEAS
Mr. President              Lambert               Romero
Hines                      McPherson             Tarver               Adley                        Fields                   Malone
 Total—6                                                              Bajoie                       Fontenot                 Marionneaux
                                                                      Barham                       Gautreaux                Michot
     The Chair declared the bill was passed. The title was read and   Bean                         Heitmeier                Mount
adopted. Senator Dardenne moved to reconsider the vote by which       Boissiere                    Holden                   Romero
the bill was passed and laid the motion on the table.                 Cain                         Hollis                   Schedler
                                                                      Chaisson                     Hoyt                     Smith
HOUSE BILL NO. 914—                                                   Cravins                      Irons                    Theunissen
    BY REPRESENTATIVE SCHNEIDER                                       Dardenne                     Johnson                  Thomas
                            AN ACT                                    Dean                         Jones, B                 Ullo
To amend and reenact R.S. 11:1331(A), relative to the Louisiana       Dupre                        Jones, CD
    State Police Retirement System; to provide for cost-of-living     Ellington                    Lentini
    adjustments; to specify the circumstances under which such         Total—34
    adjustments may be granted; to provide for the calculation of                                     NAYS
    such adjustments; and to provide for related matters.
                                                                       Total—0
     The bill was read by title. Senator Boissiere moved the final                                  ABSENT
passage of the bill.
                                                                      Mr. President                Lambert                  Tarver
                        ROLL CALL                                     Hines                        McPherson
                                                                       Total—5
    The roll was called with the following result:
                                                                           The Chair declared the bill was passed. The title was read and
                              YEAS                                    adopted. Senator Hoyt moved to reconsider the vote by which the
                                                                      bill was passed and laid the motion on the table.
Adley                      Fields                Lentini
Bajoie                     Fontenot              Malone               HOUSE BILL NO. 1054—
                                                                           BY REPRESENTATIVE LANCASTER
Barham                     Gautreaux             Marionneaux
Bean                       Heitmeier             Michot                                             AN ACT
Boissiere                  Holden                Mount                To amend and reenact R.S. 18:1505.2(K)(2), 1511.3(C), and 1532
Cain                       Hollis                Romero                   and to enact R.S. 18:1491.1(B)(9) and 1505.2(K)(3), relative to
Chaisson                   Hoyt                  Schedler                 the campaign finance laws; to provide for certain information to
Cravins                    Irons                 Smith                    be included in the statement of organization of a political
Dardenne                   Johnson               Theunissen               committee; to prohibit certain political committees from
Dupre                      Jones, B              Thomas                   accepting contributions in excess of certain limits from any
Ellington                  Jones, CD             Ullo                     person; to provide for copies of reports filed with the
 Total—33                                                                 supervisory committee to be provided to the public upon
                              NAYS                                        request; to exempt political committees from filing election day
                                                                          expenditure reports if no election day expenditures are made;
Dean                                                                      and to provide for related matters.
 Total—1
                            ABSENT                                                    Floor Amendments Sent Up
Mr. President              Lambert               Tarver                    Senator Chaisson sent up floor amendments which were read.
Hines                      McPherson
46th DAY'S PROCEEDINGS                                                                                 Page 85 SENATE
                                                                                                                         June 20, 2003
                SENATE FLOOR AMENDMENTS                                  Boissiere                     Hollis                  Romero
                                                                         Cain                          Hoyt                    Schedler
Amendments proposed by Senator Chaisson to Reengrossed House             Chaisson                      Irons                   Smith
Bill No. 1054 by Representative Lancaster                                Cravins                       Johnson                 Tarver
                                                                         Dardenne                      Jones, B                Theunissen
AMENDMENT NO. 1                                                          Dupre                         Jones, CD               Ullo
On page 1, line 3, between "1505.2(K)(3)," and "relative" insert "and     Total—33
to repeal R.S. 18:1505.2(L)(3)(a)(ii),"                                                                  NAYS
AMENDMENT NO. 2                                                          Dean
On page 1, at the end of line 8, after "request;" insert "to repeal       Total—1
certain provisions that apply to any person who holds a license to                                     ABSENT
conduct gaming activities on a riverboat;"
                                                                         Fontenot                      Lambert                 Thomas
AMENDMENT NO. 3                                                          Hines                         McPherson
On page 4, between lines 21 and 22, insert the following:                 Total—5
     "Section 2. R.S. 18:1505.2(L)(3)(a)(ii) is hereby repealed in its
entirety."                                                                    The Chair declared the bill was passed. The title was read and
                                                                         adopted. Senator Chaisson moved to reconsider the vote by which
AMENDMENT NO. 4                                                          the bill was passed and laid the motion on the table.
On page 4, line 22, change "Section 2." to "Section 3."
                                                                                          Mr. President in the Chair
     Senator Chaisson moved adoption of the amendments.
                                                                         HOUSE BILL NO. 1055—
     Senator Hollis objected.                                                 BY REPRESENTATIVE LANCASTER
                                                                                                         AN ACT
                         ROLL CALL                                       To repeal R.S. 49:996(10), relative to the duties of the director of the
                                                                              division of administrative law; to remove the requirement that
     The roll was called with the following result:                           the director assure that agencies are properly promulgating rules.

                                YEAS                                         The bill was read by title. Senator Dardenne moved the final
                                                                         passage of the bill.
Bean                        Chaisson               Holden
Boissiere                   Cravins                Tarver                                          ROLL CALL
 Total—6
                                NAYS                                          The roll was called with the following result:
Mr. President               Gautreaux              Marionneaux                                           YEAS
Adley                       Heitmeier              Michot
Bajoie                      Hollis                 Mount                 Mr. President                 Ellington               Malone
Barham                      Hoyt                   Romero                Adley                         Fields                  Marionneaux
Cain                        Irons                  Schedler              Bajoie                        Gautreaux               Michot
Dardenne                    Johnson                Smith                 Barham                        Heitmeier               Mount
Dean                        Jones, B               Theunissen            Bean                          Holden                  Romero
Dupre                       Jones, CD              Ullo                  Boissiere                     Hollis                  Schedler
Ellington                   Lentini                                      Cain                          Hoyt                    Smith
Fields                      Malone                                       Chaisson                      Irons                   Tarver
 Total—28                                                                Cravins                       Johnson                 Theunissen
                              ABSENT                                     Dardenne                      Jones, B                Ullo
                                                                         Dean                          Jones, CD
Fontenot                    Lambert                Thomas                Dupre                         Lentini
Hines                       McPherson                                     Total—34
 Total—5                                                                                                 NAYS
     The Chair declared the amendments were rejected.                     Total—0
                                                                                                       ABSENT
     The bill was read by title. Senator Chaisson moved the final
passage of the bill.                                                     Fontenot                      Lambert                 Thomas
                                                                         Hines                         McPherson
                         ROLL CALL                                        Total—5

     The roll was called with the following result:                           The Chair declared the bill was passed. The title was read and
                                                                         adopted. Senator Dardenne moved to reconsider the vote by which
                                YEAS                                     the bill was passed and laid the motion on the table.

Mr. President               Ellington              Lentini               HOUSE BILL NO. 1199—
                                                                              BY REPRESENTATIVE LEBLANC
Adley                       Fields                 Malone
Bajoie                      Gautreaux              Marionneaux                                          AN ACT
Barham                      Heitmeier              Michot                To enact R.S. 42:460, relative to state administration; to authorize the
Bean                        Holden                 Mount                     promulgation of rules relative to the recoupment of
Page 86 SENATE                                                                             46th DAY'S PROCEEDINGS
June 20, 2003
     overpayments to certain state employees; to provide for an          Amendments proposed by Senator Michot to Reengrossed House Bill
     effective date; and to provide for related matters.                 No. 1202 by Representative Futrell
     The bill was read by title. Senator Michot moved the final          AMENDMENT NO. 1
passage of the bill.                                                     On page 4, between lines 12 and 13, insert the following:
                                                                              "(f) An HVACR license shall not apply to a retailer, who, in the
                         ROLL CALL                                       ordinary course of business, enters into a transaction with a buyer in
                                                                         which the retailer of a good and the services necessary for the
     The roll was called with the following result:                      installation of the good, contracts with a licensed contractor to
                                                                         provide the installation services."
                               YEAS
                                                                             Senator Michot moved adoption of the amendments.
Mr. President               Ellington              Malone
Adley                       Fields                 Marionneaux               Senator Dean objected.
Bajoie                      Gautreaux              Michot
Barham                      Heitmeier              Mount                                          ROLL CALL
Bean                        Holden                 Romero
Boissiere                   Hollis                 Schedler                  The roll was called with the following result:
Cain                        Hoyt                   Smith
Chaisson                    Irons                  Tarver                                               YEAS
Cravins                     Johnson                Theunissen
Dardenne                    Jones, B               Ullo                  Mr. President                Dupre                   Jones, CD
Dean                        Jones, CD                                    Adley                        Fields                  Lentini
Dupre                       Lentini                                      Bajoie                       Gautreaux               Michot
 Total—34                                                                Barham                       Heitmeier               Mount
                               NAYS                                      Boissiere                    Holden                  Romero
                                                                         Cain                         Hoyt                    Smith
 Total—0                                                                 Chaisson                     Irons                   Tarver
                              ABSENT                                     Cravins                      Johnson                 Theunissen
                                                                         Dardenne                     Jones, B                Ullo
Fontenot                    Lambert                Thomas                 Total—27
Hines                       McPherson                                                                   NAYS
 Total—5
                                                                         Dean
      The Chair declared the bill was passed. The title was read and      Total—1
adopted. Senator Michot moved to reconsider the vote by which the                                     ABSENT
bill was passed and laid the motion on the table.
                                                                         Bean                         Hollis                  McPherson
HOUSE BILL NO. 1202—                                                     Ellington                    Lambert                 Schedler
     BY REPRESENTATIVES FUTRELL AND MONTGOMERY                           Fontenot                     Malone                  Thomas
                               AN ACT                                    Hines                        Marionneaux
To amend and reenact R.S. 37:2150, 2150.1(4), 2156.1(C), (F), and         Total—11
    (H), 2156.2(D), and 2159(D) and to enact R.S. 37:2156.1(M),
    relative to the state Licensing Board for Contractors; to provide        The Chair declared the amendments were adopted.
    for legislative intent; to provide for licensure and regulation of
    persons who perform heating, ventilation, air conditioning, and                      Floor Amendments Sent Up
    refrigeration work; and to provide for related matters.
                                                                             Senator Barham sent up floor amendments which were read.
                Floor Amendments Sent Up
                                                                                         SENATE FLOOR AMENDMENTS
     Senator Hoyt sent up floor amendments which were read.
                                                                         Amendments proposed by Senator Barham to Reengrossed House
                SENATE FLOOR AMENDMENTS                                  Bill No. 1202 by Representative Futrell
Amendments proposed by Senator Hoyt to Reengrossed House Bill            AMENDMENT NO. 1
No. 1202 by Representatives Futrell and Montgomery                       On page 3, line 8, after "cost is" change "one dollar" to "two
                                                                         thousand five hundred dollars"
AMENDMENT NO. 1
Delete Senate Committee Amendments Nos. 1 through 4, proposed            AMENDMENT NO. 2
by the Senate Committee on Commerce, Consumer Protection and             On page 3, line 19, after "is" change "one dollar" to "two thousand
International Affairs and adopted by the Senate on June 12, 2003.        five hundred dollars"
     On motion of Senator Hoyt, the amendments were adopted.             AMENDMENT NO. 3
                                                                         On page 4, line 24, after "is" change "one dollar" to "two thousand
                Floor Amendments Sent Up                                 five hundred dollars"
     Senator Michot sent up floor amendments which were read.            AMENDMENT NO. 4
                                                                         On page 8, line 20, after "is" delete "one" and on line 21, delete
                SENATE FLOOR AMENDMENTS                                  "dollar" and insert "two thousand five hundred dollars"
46th DAY'S PROCEEDINGS                                                                            Page 87 SENATE
                                                                                                                    June 20, 2003
AMENDMENT NO. 5
On page 9, line 11, after "shall be" delete "less than" and insert    Total—0
"between two thousand five hundred dollars and"                                                    ABSENT
    Senator Barham moved adoption of the amendments.                 Dean                         Hines                    Thomas
                                                                     Ellington                    Lambert
    Senator Hoyt objected.                                           Fontenot                     McPherson
                                                                      Total—7
                        ROLL CALL
                                                                          The Chair declared the bill was passed. The title was read and
    The roll was called with the following result:                   adopted. Senator Dardenne moved to reconsider the vote by which
                                                                     the bill was passed and laid the motion on the table.
                              YEAS
                                                                     HOUSE BILL NO. 1348—
                                                                          BY REPRESENTATIVE PITRE
Adley                      Dean                  Malone
Bajoie                     Fields                Marionneaux                                      AN ACT
Barham                     Heitmeier             Romero              To amend and reenact R.S. 34:3254(C), relative to the Grand Isle
Bean                       Holden                Schedler                Port Commission; to provide with respect to the maximum
Boissiere                  Hollis                Smith                   amount of indebtedness which may be incurred by the
Cain                       Irons                 Tarver                  commission; to provide that indebtedness incurred by the
Chaisson                   Johnson               Theunissen              commission shall not be guaranteed by the town of Grand Isle;
Cravins                    Jones, B              Ullo                    and to provide for related matters.
Dardenne                   Jones, CD
 Total—26                                                                 The bill was read by title. Senator Ullo moved the final passage
                             NAYS                                    of the bill.

Dupre                      Hoyt                  Mount                                         ROLL CALL
Gautreaux                  Michot
 Total—5                                                                  The roll was called with the following result:
                             ABSENT
                                                                                                    YEAS
Mr. President              Hines                 McPherson
Ellington                  Lambert               Thomas              Mr. President                Dupre                    Malone
Fontenot                   Lentini                                   Adley                        Fields                   Marionneaux
 Total—8                                                             Bajoie                       Gautreaux                Michot
                                                                     Barham                       Heitmeier                Mount
    The Chair declared the amendments were adopted.                  Bean                         Holden                   Romero
                                                                     Boissiere                    Hoyt                     Schedler
     On motion of Senator Hoyt, the amended bill was read by title   Cain                         Irons                    Smith
and returned to the Calendar, subject to call.                       Chaisson                     Johnson                  Tarver
                                                                     Cravins                      Jones, B                 Theunissen
HOUSE BILL NO. 1231—                                                 Dardenne                     Jones, CD                Ullo
    BY REPRESENTATIVES FUTRELL AND NEVERS                            Dean                         Lentini
                           AN ACT                                     Total—32
To amend and reenact R.S. 17:427.2(B), relative to the Critical                                     NAYS
    Teacher Shortage Incentive Program; to provide relative to the
    definition of "newly certified teacher" for purposes of the       Total—0
    program; and to provide for related matters.                                                   ABSENT
     The bill was read by title. Senator Dardenne moved the final    Ellington                    Hollis                   Thomas
passage of the bill.                                                 Fontenot                     Lambert
                                                                     Hines                        McPherson
                        ROLL CALL                                     Total—7

    The roll was called with the following result:                       The Chair declared the bill was passed. The title was read and
                                                                     adopted. Senator Ullo moved to reconsider the vote by which the bill
                              YEAS                                   was passed and laid the motion on the table.

Mr. President              Fields                Malone                               Senator Fields in the Chair
Adley                      Gautreaux             Marionneaux
Bajoie                     Heitmeier             Michot              HOUSE BILL NO. 1350—
Barham                     Holden                Mount                    BY REPRESENTATIVES DOWNER, WALSWORTH, AND BALDONE
Bean                       Hollis                Romero                                             AN ACT
Boissiere                  Hoyt                  Schedler            To amend and reenact R.S. 36:4(A)(introductory paragraph), to enact
Cain                       Irons                 Smith                   R.S. 36:4(A)(21) and Chapter 21-A of Title 36 of the Louisiana
Chaisson                   Johnson               Tarver                  Revised Statutes of 1950, to be comprised of R.S. 36:781
Cravins                    Jones, B              Theunissen              through 787, and to repeal R.S. 36:4(B)(1)(o), to create and
Dardenne                   Jones, CD             Ullo                    provide for the Department of Veterans Affairs in the executive
Dupre                      Lentini                                       branch of state government; to provide for the department and
 Total—32                                                                its officers and offices, and their powers, duties, functions, and
                             NAYS                                        responsibilities; to provide for the transfer of the Veterans'
Page 88 SENATE                                                                              46th DAY'S PROCEEDINGS
June 20, 2003
     Affairs Commission to the department; to abolish the existing         Total—32
     Department of Veterans Affairs in the office of the governor; to                                    NAYS
     provide for the effectiveness of the Act; and to provide for
     related matters.                                                      Total—0
                                                                                                       ABSENT
     The bill was read by title. Senator Barham moved the final
passage of the bill.                                                      Cravins                     Hines                     Thomas
                                                                          Ellington                   Lambert
                          ROLL CALL                                       Fontenot                    McPherson
                                                                           Total—7
     The roll was called with the following result:
                                                                               The Chair declared the bill was passed. The title was read and
                                YEAS                                      adopted. Senator Dardenne moved to reconsider the vote by which
                                                                          the bill was passed and laid the motion on the table.
Mr. President                Fields                 Malone
Adley                        Gautreaux              Michot                HOUSE BILL NO. 1393—
                                                                               BY REPRESENTATIVE DURAND
Bajoie                       Heitmeier              Mount
Barham                       Holden                 Romero                                              AN ACT
Cain                         Hoyt                   Schedler              To amend and reenact R.S. 37:919 and to enact R.S. 37:918(18),
Chaisson                     Irons                  Smith                     relative to the Louisiana State Board of Nursing; to provide for
Cravins                      Johnson                Tarver                    the authority of the board relative to the purchase or sale of
Dardenne                     Jones, B               Theunissen                immovable property and any improvements; to provide for the
Dean                         Jones, CD              Ullo                      domicile of the offices that administer the provisions adopted by
Dupre                        Lentini                                          the board; and to provide for related matters.
 Total—29
                               NAYS                                           The bill was read by title. Senator Dardenne moved the final
                                                                          passage of the bill.
 Total—0
                              ABSENT                                                               ROLL CALL
Bean                         Hines                  McPherson                  The roll was called with the following result:
Boissiere                    Hollis                 Thomas
Ellington                    Lambert                                                                     YEAS
Fontenot                     Marionneaux
 Total—10                                                                 Mr. President               Dupre                     Lentini
                                                                          Adley                       Fields                    Malone
      The Chair declared the bill was passed. The title was read and      Bajoie                      Gautreaux                 Marionneaux
adopted. Senator Barham moved to reconsider the vote by which the         Barham                      Heitmeier                 Michot
bill was passed and laid the motion on the table.                         Bean                        Holden                    Mount
                                                                          Boissiere                   Hollis                    Romero
HOUSE BILL NO. 1388—                                                      Cain                        Hoyt                      Schedler
     BY REPRESENTATIVES LANCASTER AND BOWLER                              Chaisson                    Irons                     Smith
                               AN ACT                                     Cravins                     Johnson                   Tarver
To amend and reenact Chapter 13-B of Title 49 of the Louisiana            Dardenne                    Jones, B                  Theunissen
    Revised Statutes of 1950, to be comprised of R.S. 49:991              Dean                        Jones, CD                 Ullo
    through 999.25, relative to the creation and operation of a            Total—33
    division of administrative law; to provide for the employment,                                       NAYS
    qualifications, duties, and authority of administrative law judges;
    to provide for exceptions; to make technical changes; and to           Total—0
    provide for related matters.                                                                       ABSENT
     The bill was read by title. Senator Dardenne moved the final         Ellington                   Hines                     McPherson
passage of the bill.                                                      Fontenot                    Lambert                   Thomas
                                                                           Total—6
                          ROLL CALL
                                                                               The Chair declared the bill was passed. The title was read and
     The roll was called with the following result:                       adopted. Senator Dardenne moved to reconsider the vote by which
                                                                          the bill was passed and laid the motion on the table.
                                YEAS
                                                                          HOUSE BILL NO. 1397—
                                                                               BY REPRESENTATIVE DIEZ
Mr. President                Fields                 Malone
Adley                        Gautreaux              Marionneaux                                      AN ACT
Bajoie                       Heitmeier              Michot                To enact R.S. 38:2212(A)(3)(f), relative to public contracts; to
Barham                       Holden                 Mount                     prohibit allowances in certain contracts; and to provide for
Bean                         Hollis                 Romero                    related matters.
Boissiere                    Hoyt                   Schedler
Cain                         Irons                  Smith                                 Floor Amendments Sent Up
Chaisson                     Johnson                Tarver
Dardenne                     Jones, B               Theunissen                 Senator Romero sent up floor amendments which were read.
Dean                         Jones, CD              Ullo
Dupre                        Lentini                                                      SENATE FLOOR AMENDMENTS
46th DAY'S PROCEEDINGS                                                                                  Page 89 SENATE
                                                                                                                          June 20, 2003
Amendments proposed by Senator Romero to Engrossed House Bill                 The bill was read by title. Senator Heitmeier moved final
No. 1397 by Representative Diez                                           passage of the amended bill.
AMENDMENT NO. 1                                                                                     ROLL CALL
Delete Senate Committee Amendment Nos. 1, 2 and 3 proposed by
the Senate Committee on Transportation, Highways & Public Works                The roll was called with the following result:
and adopted by the Senate on June 12, 2003.
                                                                                                          YEAS
AMENDMENT NO. 2
On page 1, delete line 2 and insert the following:                        Mr. President                Dupre                    Malone
"To amend and reenact R.S. 38:2212(A)(3)(d) and to enact R.S.             Adley                        Fields                   Michot
    38:2212(A)(3)(f) and (g), relative to public contracts; to provide    Bajoie                       Gautreaux                Mount
    for contracts providing construction management services; to          Barham                       Heitmeier                Romero
    provide relative to attendance at pre-bid conferences; to restrict"   Boissiere                    Holden                   Schedler
                                                                          Cain                         Hoyt                     Smith
AMENDMENT NO. 3                                                           Chaisson                     Irons                    Theunissen
On page 1, delete line 5 and insert the following:                        Cravins                      Johnson                  Ullo
     "Section 1. R.S. 38:2212(A)(3)(d) is hereby amended and              Dardenne                     Jones, CD
reenacted and R.S. 38:2212(A)(3)(f) and (g) is hereby enacted to read     Dean                         Lentini
as follows:"                                                               Total—28
                                                                                                          NAYS
AMENDMENT NO. 4
On page 1, between lines 11 and 12, insert the following:                  Total—0
      "(d)(1) When a design professional or public entity mandates                                      ABSENT
attendance by bidders at pre-bid conferences as a prerequisite to bid,
the date, place, and time of the pre-bid conference shall be stated in    Bean                         Hollis                   McPherson
the first advertisement notice.                                           Ellington                    Jones, B                 Tarver
      (2) All prospective bidders in orphan well plug and                 Fontenot                     Lambert                  Thomas
abandonment program within the Louisiana Department of Natural            Hines                        Marionneaux
Resources shall be present at the beginning of the pre-bid conference      Total—11
and shall remain in attendance for the duration of the conference.
Any prospective bidder who fails to attend the conference or remain            The Chair declared the amended bill was passed. The title was
for the duration shall be prohibited from submitting a bid for the        read and adopted. Senator Heitmeier moved to reconsider the vote
project.                                                                  by which the bill was passed and laid the motion on the table.
                          *        *      *"
                                                                          HOUSE BILL NO. 1419—
     Senator Romero moved adoption of the amendments.                          BY REPRESENTATIVE ERDEY
                                                                                                         AN ACT
     Senator Malone objected.                                             To amend and reenact R.S. 22:1404(3)(c)(i) and (d)(i), relative to
                                                                              insurance rates and defensive driving courses; to authorize the
                          ROLL CALL                                           office of state police to promulgate rules and regulations to
                                                                              establish criteria and standards for the approval and certification
     The roll was called with the following result:                           of defensive driving courses; to authorize agreements for the
                                                                              funding of the approval and certification process for defensive
                                YEAS                                          driving courses; to provide for related matters.

Bajoie                       Fields                 Lentini                   The bill was read by title. Senator Malone moved the final
Barham                       Gautreaux              Michot                passage of the bill.
Boissiere                    Heitmeier              Mount
Cain                         Holden                 Romero                                          ROLL CALL
Chaisson                     Hoyt                   Schedler
Cravins                      Irons                  Smith                      The roll was called with the following result:
Dardenne                     Johnson                Theunissen
Dupre                        Jones, CD              Ullo                                                  YEAS
 Total—24
                               NAYS                                       Adley                        Fields                   Malone
                                                                          Bajoie                       Gautreaux                Marionneaux
Dean                         Malone                                       Barham                       Heitmeier                Michot
 Total—2                                                                  Bean                         Holden                   Mount
                              ABSENT                                      Boissiere                    Hollis                   Romero
                                                                          Cain                         Hoyt                     Schedler
Mr. President                Hines                  McPherson             Chaisson                     Johnson                  Smith
Adley                        Hollis                 Tarver                Cravins                      Jones, B                 Tarver
Bean                         Jones, B               Thomas                Dardenne                     Jones, CD                Theunissen
Ellington                    Lambert                                      Dupre                        Lentini                  Ullo
Fontenot                     Marionneaux                                   Total—30
 Total—13                                                                                                 NAYS
     The Chair declared the amendments were adopted.                      Dean
                                                                           Total—1
                                                                                                        ABSENT
Page 90 SENATE                                                                            46th DAY'S PROCEEDINGS
June 20, 2003
Mr. President               Hines                 McPherson            Amendments proposed by Senator Boissiere to Reengrossed House
Ellington                   Irons                 Thomas               Bill No. 1538 by Representative Tucker
Fontenot                    Lambert
 Total—8                                                               AMENDMENT NO. 1
                                                                       On page 1, line 2, after "R.S. 22:2010(C)(1)" insert the following: ",
      The Chair declared the bill was passed. The title was read and   2010(G), and 2013(E) and (F)"
adopted. Senator Malone moved to reconsider the vote by which the
bill was passed and laid the motion on the table.                      AMENDMENT NO. 2
                                                                       On page 1, line 6, after "organizations;" insert the following: "to
HOUSE BILL NO. 1476—                                                   provide relative to the liquidation or windup of a health maintenance
     BY REPRESENTATIVES HEBERT, FRUGE, AND BOWLER                      organization; to provide for the priority of payments from the estate
                             AN ACT                                    of an insolvent health maintenance organization;"
To amend and reenact R.S. 22:1254 and 1255(A), relative to the use
    of courts by unauthorized insurers; to provide for approval; to    AMENDMENT NO. 3
    provide for bonds; to provide for exemption; and to provide for    On page 1, line 11, change "R.S. 22:2010(C)(1) is" to "R.S.
    related matters.                                                   22:2010(C)(1), 2010(G), and 2013(E) and (F) are"
     The bill was read by title. Senator Hainkel moved the final       AMENDMENT NO. 4
passage of the bill.                                                   On page 2, between lines 7 and 8, insert the following:
                                                                       §2010. Protection against insolvency
                         ROLL CALL                                                                *        *       *
                                                                             G. In the liquidation or windup of the affairs of the health
     The roll was called with the following result:                    maintenance organization, the following schedule of preferences shall
                                                                       be followed by notwithstanding any provision of law to the contrary,
                               YEAS                                    the commissioner shall assure any payments authorized by the
                                                                       Department of Insurance and issued prior to any order of liquidation
Mr. President               Dupre                 Lentini              are honored; thereafter, the following schedule of preferences shall
Adley                       Fields                Malone               be followed: by the commissioner.
Barham                      Gautreaux             Michot                     (1)    Salaries of employees of the health maintenance
Bean                        Heitmeier             Mount                organization up to two thousand five hundred dollars per employee.
Boissiere                   Holden                Romero                     (2) Unpaid federal and state employment and withholding taxes.
Cain                        Hollis                Smith                      (3) Accrued annual license taxes due the state of Louisiana.
Chaisson                    Hoyt                  Tarver                     (4) Amounts due and owing providers.
Cravins                     Johnson               Theunissen                 (5) All other creditors based on date of claim. Where several
Dardenne                    Jones, B              Ullo                 claims arise on the same date, preference shall be given based on the
Dean                        Jones, CD                                  date and time such claim was received by the commissioner.
 Total—29                                                                    (1) The commissioner's costs and expenses of administration,
                              NAYS                                     including unpaid federal and state employment withholding taxes.
                                                                             (2) Compensation actually owing to employees other than
Bajoie                      Irons                                      officers of a health maintenance organization for services rendered
 Total—2                                                               within three months prior to the commencement of a proceeding
                             ABSENT                                    against the health maintenance organization under this Part, but not
                                                                       exceeding two thousand five hundred dollars for such employee, shall
Ellington                   Lambert               Schedler             be paid prior to the payment of any other debt or claim and in the
Fontenot                    Marionneaux           Thomas               discretion of the commissioner may be paid as soon as practicable
Hines                       McPherson                                  after the proceeding has commenced. However, at all times the
 Total—8                                                               commissioner shall reserve such funds as will in his opinion be
                                                                       sufficient for the payment of all claims in Paragraphs (1) through (3)
      The Chair declared the bill was passed. The title was read and   of this Subsection. This priority shall be in lieu of any other similar
adopted. Senator Hainkel moved to reconsider the vote by which the     priority which may be authorized by law as to wages or compensation
bill was passed and laid the motion on the table.                      of such employees.
                                                                             (3) Claims for covered benefits prior to cancellation that are
HOUSE BILL NO. 1538—                                                   filed within ninety days of an order of liquidation. The commissioner
     BY REPRESENTATIVE TUCKER                                          shall, within one hundred twenty days, present a plan for timely
                              AN ACT                                   payment of such claims to the court for approval. The Department of
To amend and reenact R.S. 22:2010(C)(1) and to enact Part XII-B of     Insurance shall not require refiling any claim received for covered
    Chapter 2 of Title 22 of the Louisiana Revised Statutes of 1950,   benefits or provision of any proof of claim that would otherwise be
    to be comprised of R.S. 22:2036.1 through 2036.10, relative to     applicable to non-benefit claims. The maximum amount paid shall
    health maintenance organizations; to implement risk-based          not exceed the amount that would be paid under Title XVIII of the
    capital requirements for health maintenance organizations; to      Social Security Act, 42 U.S.C. §301 et seq. The department shall
    provide with respect to the authority of the commissioner of       establish reasonable amounts for any services or supplies covered
    insurance to enforce such requirements; to provide for hearings;   under a health policy or contract for which an amount has not been
    to provide for confidentiality; to provide for immunity; to        determined under the federal Medicare program.
    provide for regulations; and to provide for related matters.             (4) Claims for unearned premiums or other premium refunds.
                                                                             (5) All other claims, including claims for covered benefits
                Floor Amendments Sent Up                               provided prior to cancellation that are not filed within ninety days of
                                                                       an order of liquidation.
     Senator Boissiere sent up floor amendments which were read.                                   *        *      *
                                                                       §2013. Suspension or revocation of certificate of authority
                SENATE FLOOR AMENDMENTS                                                           *        *       *
46th DAY'S PROCEEDINGS                                                                                Page 91 SENATE
                                                                                                                       June 20, 2003
     E. Where a certificate of authority is revoked or in the             Dardenne                   Jones, CD                 Theunissen
liquidation or windup of the affairs of a health maintenance              Dupre                      Lentini                   Ullo
organization, the commissioner shall have the right to enforce, for the    Total—30
benefit of the enrollees, contract performance by any provider or                                       NAYS
other third party who had contracted with the health maintenance
organization.                                                             Dean
     F. The commissioner is specifically empowered to take over and        Total—1
liquidate the affairs of any health maintenance organization                                          ABSENT
experiencing financial difficulty at such time as he deems it necessary
by applying to the Nineteenth Judicial District Court for permission      Mr. President              Hines                     McPherson
to take over and fix the conditions thereof. The Nineteenth Judicial      Ellington                  Hollis                    Thomas
District Court shall have exclusive jurisdiction over any suit arising    Fontenot                   Lambert
from such takeover and liquidation. He shall The commissioner shall        Total—8
be authorized to issue appropriate regulations to implement an
orderly procedure to wind up the affairs of any financially troubled           The Chair declared the amended bill was passed. The title was
health maintenance organization.                                          read and adopted. Senator Boissiere moved to reconsider the vote by
                           *       *        *"                            which the bill was passed and laid the motion on the table.
     Senator Boissiere moved adoption of the amendments.                                  Mr. President in the Chair
     Senator Dean objected.                                               HOUSE BILL NO. 1547—
                                                                              BY REPRESENTATIVE SALTER
                          ROLL CALL                                                                    AN ACT
                                                                          To enact R.S. 51:2303(11) and 2315(D), relative to special treasury
     The roll was called with the following result:                           funds; to establish the Rural Economic Development Account
                                                                              within the Louisiana Economic Development Fund; to provide
                                YEAS                                          for deposit and use of monies in the account; to provide for
                                                                              definitions; to provide for effectiveness; and to provide for
Adley                        Gautreaux              Michot                    related matters.
Bajoie                       Heitmeier              Mount
Barham                       Holden                 Romero                    The bill was read by title. Senator Smith moved the final
Bean                         Hoyt                   Schedler              passage of the bill.
Boissiere                    Irons                  Smith
Cain                         Johnson                Tarver                                        ROLL CALL
Chaisson                     Jones, B               Theunissen
Cravins                      Jones, CD              Thomas                    The roll was called with the following result:
Dardenne                     Lentini                Ullo
Dupre                        Malone                                                                     YEAS
Fields                       Marionneaux
 Total—31                                                                 Mr. President              Fields                    Marionneaux
                               NAYS                                       Adley                      Gautreaux                 Michot
                                                                          Bajoie                     Heitmeier                 Mount
Dean                                                                      Barham                     Holden                    Romero
 Total—1                                                                  Bean                       Hollis                    Schedler
                              ABSENT                                      Boissiere                  Hoyt                      Smith
                                                                          Cain                       Irons                     Tarver
Mr. President                Hines                  McPherson             Chaisson                   Johnson                   Theunissen
Ellington                    Hollis                                       Cravins                    Jones, B                  Ullo
Fontenot                     Lambert                                      Dardenne                   Jones, CD
 Total—7                                                                  Dupre                      Malone
                                                                           Total—31
     The Chair declared the amendments were adopted.                                                    NAYS
     The bill was read by title. Senator Boissiere moved final            Dean
passage of the amended bill.                                               Total—1
                                                                                                      ABSENT
                          ROLL CALL
                                                                          Ellington                  Lambert                   Thomas
     The roll was called with the following result:                       Fontenot                   Lentini
                                                                          Hines                      McPherson
                                YEAS                                       Total—7

Adley                        Fields                 Malone                     The Chair declared the bill was passed. The title was read and
Bajoie                       Gautreaux              Marionneaux           adopted. Senator Smith moved to reconsider the vote by which the
Barham                       Heitmeier              Michot                bill was passed and laid the motion on the table.
Bean                         Holden                 Mount
Boissiere                    Hoyt                   Romero
Cain                         Irons                  Schedler
Chaisson                     Johnson                Smith
Cravins                      Jones, B               Tarver
Page 92 SENATE                                                                           46th DAY'S PROCEEDINGS
June 20, 2003
HOUSE BILL NO. 1555—                                                        On motion of Senator B. Jones, the amendments were adopted.
     BY REPRESENTATIVE BOWLER
                           AN ACT                                           The bill was read by title. Senator Smith moved final passage of
To enact R.S. 22:3071(32), relative to medical necessity review        the amended bill.
    organizations; to provide for definitions; and to provide for
    related matters.                                                                             ROLL CALL
     The bill was read by title. Senator Boissiere moved the final          The roll was called with the following result:
passage of the bill.
                                                                                                      YEAS
                         ROLL CALL
                                                                       Mr. President                Fields                   Malone
     The roll was called with the following result:                    Adley                        Gautreaux                Marionneaux
                                                                       Bajoie                       Heitmeier                Michot
                               YEAS                                    Barham                       Holden                   Mount
                                                                       Bean                         Hollis                   Romero
Mr. President               Dupre                 Jones, CD            Chaisson                     Hoyt                     Schedler
Adley                       Fields                Lentini              Cravins                      Irons                    Smith
Bajoie                      Gautreaux             Malone               Dardenne                     Johnson                  Tarver
Barham                      Heitmeier             Michot               Dean                         Jones, B                 Theunissen
Boissiere                   Holden                Mount                Dupre                        Jones, CD                Ullo
Cain                        Hollis                Schedler              Total—30
Chaisson                    Hoyt                  Smith                                               NAYS
Cravins                     Irons                 Theunissen
Dardenne                    Johnson               Ullo                 Cain
Dean                        Jones, B                                    Total—1
 Total—29                                                                                            ABSENT
                              NAYS
                                                                       Boissiere                    Hines                    McPherson
 Total—0                                                               Ellington                    Lambert                  Thomas
                             ABSENT                                    Fontenot                     Lentini
                                                                        Total—8
Bean                        Lambert               Tarver
Ellington                   Marionneaux           Thomas                    The Chair declared the amended bill was passed. The title was
Fontenot                    McPherson                                  read and adopted. Senator Smith moved to reconsider the vote by
Hines                       Romero                                     which the bill was passed and laid the motion on the table.
 Total—10
                                                                       HOUSE BILL NO. 1584—
     The Chair declared the bill was passed. The title was read and         BY REPRESENTATIVES WELCH, CAZAYOUX, GALLOT, GLOVER,
adopted. Senator Boissiere moved to reconsider the vote by which            GUILLORY, L. JACKSON, M. JACKSON, KENNEY, LUCAS, MURRAY,
the bill was passed and laid the motion on the table.                       TOWNSEND, AND WRIGHT AND SENATORS IRONS AND TARVER
                                                                                                       AN ACT
HOUSE BILL NO. 1562—                                                   To enact Part LVIII of Chapter 5 of Title 40 of the Louisiana Revised
     BY REPRESENTATIVE WALSWORTH                                            Statutes of 1950, to be comprised of R.S. 40:1300.191, relative
                             AN ACT                                         to state funds; to establish the Community-based Primary Health
To amend and reenact R.S. 37:3118(A)(1)(f), 3129(A), and 3130 and           Care Initiative Fund in the state treasury; to provide for the
    to enact R.S. 37:3115.1 and 3129(C), relative to auctioneers; to        deposit of monies into the fund; to provide for uses of monies in
    provide for educational requirements for auctioneers and auction        the fund; to provide for grants from the fund to community
    businesses; to authorize auctioneers to bid on behalf of an             health centers for operations and various community health
    absentee bidder under certain circumstances; to authorize the           programs and other purposes; to create the Community-based
    taking of bids by telephone or other electronic means; and to           Primary Health Care Initiative within the Department of Health
    provide for related matters.                                            and Hospitals; to provide for an effective date; and to provide
                                                                            for related matters.
                Floor Amendments Sent Up                                   The bill was read by title. Senator Heitmeier moved the final
     Senator B. Jones sent up floor amendments which were read.        passage of the bill.

                SENATE FLOOR AMENDMENTS                                                          ROLL CALL
Amendments proposed by Senator B. Jones to Engrossed House Bill             The roll was called with the following result:
No. 1562 by Representative Walsworth
                                                                                                      YEAS
AMENDMENT NO. 1
Delete Senate Committee Amendment Nos. 1 through 3 proposed by         Mr. President                Fields                   Malone
the Senate Committee on Commerce, Consumer Protection and              Adley                        Gautreaux                Marionneaux
International Affairs and adopted by the Senate on June 12, 2003.      Bajoie                       Heitmeier                Michot
                                                                       Barham                       Holden                   Mount
AMENDMENT NO. 2                                                        Boissiere                    Hollis                   Romero
Delete Amendment No. 1 proposed by Legislative Bureau and              Cain                         Hoyt                     Schedler
adopted by the Senate on June 13, 2003.                                Chaisson                     Irons                    Smith
                                                                       Cravins                      Johnson                  Tarver
46th DAY'S PROCEEDINGS                                                                                Page 93 SENATE
                                                                                                                       June 20, 2003
Dardenne                    Jones, B               Theunissen                 On motion of Senator Adley, the bill was read by title and
Dupre                       Jones, CD              Ullo                  returned to the Calendar, subject to call.
 Total—30
                               NAYS                                      HOUSE BILL NO. 1690—
                                                                              BY REPRESENTATIVE DIEZ
Dean                                                                                                    AN ACT
 Total—1                                                                 To amend and reenact R.S. 48:81(A)(1) and (2) and (B)(2) and (4),
                              ABSENT                                         82(B)(4), (C), (D)(4), (6), and (10), and (E), and 83(A)(1),
                                                                             relative to the Louisiana Infrastructure Bank; to authorize loans
Bean                        Hines                  McPherson                 from the bank to fund Department of Transportation and
Ellington                   Lambert                Thomas                    Development approved infrastructure projects of public entities;
Fontenot                    Lentini                                          to require the state treasurer to serve as president and chairman
 Total—8                                                                     of the board; and to provide for related matters.

     The Chair declared the bill was passed. The title was read and          The bill was read by title. Senator Heitmeier moved the final
adopted. Senator Heitmeier moved to reconsider the vote by which         passage of the bill.
the bill was passed and laid the motion on the table.
                                                                                                  ROLL CALL
HOUSE BILL NO. 1681—
     BY REPRESENTATIVE FLAVIN                                                 The roll was called with the following result:
                            AN ACT
To amend and reenact R.S. 37:1449(A) and (B), relative to real                                          YEAS
    estate; to require registrants to provide copies of certain
    documents to parties of real estate transactions; and to provide     Mr. President               Fields                    Malone
    for related matters.                                                 Adley                       Gautreaux                 Marionneaux
                                                                         Bajoie                      Heitmeier                 Michot
     The bill was read by title. Senator Hollis moved the final          Barham                      Holden                    Mount
passage of the bill.                                                     Boissiere                   Hollis                    Romero
                                                                         Cain                        Hoyt                      Schedler
                         ROLL CALL                                       Chaisson                    Irons                     Smith
                                                                         Cravins                     Johnson                   Tarver
     The roll was called with the following result:                      Dardenne                    Jones, B                  Theunissen
                                                                         Dean                        Jones, CD                 Ullo
                               YEAS                                      Dupre                       Lentini
                                                                          Total—32
Mr. President               Fields                 Malone                                               NAYS
Adley                       Gautreaux              Marionneaux
Bajoie                      Heitmeier              Michot                 Total—0
Barham                      Holden                 Mount                                              ABSENT
Bean                        Hollis                 Romero
Boissiere                   Hoyt                   Schedler              Bean                        Hines                     Thomas
Cain                        Irons                  Smith                 Ellington                   Lambert
Chaisson                    Johnson                Tarver                Fontenot                    McPherson
Cravins                     Jones, B               Theunissen             Total—7
Dardenne                    Jones, CD              Ullo
Dupre                       Lentini                                           The Chair declared the bill was passed. The title was read and
 Total—32                                                                adopted. Senator Heitmeier moved to reconsider the vote by which
                               NAYS                                      the bill was passed and laid the motion on the table.
Dean                                                                     HOUSE BILL NO. 1708—
 Total—1                                                                      BY REPRESENTATIVES HAMMETT AND FAUCHEUX
                              ABSENT                                                                    AN ACT
                                                                         To enact Part V of Chapter 9 of Title 56 of the Louisiana Revised
Ellington                   Hines                  McPherson                 Statutes of 1950, to be comprised of R.S. 56:1950.1 and 1950.2,
Fontenot                    Lambert                Thomas                    relative to historic roads and Louisiana byways; to designate the
 Total—6                                                                     Louisiana Great River Road as a Louisiana byway; and to
                                                                             provide for related matters.
      The Chair declared the bill was passed. The title was read and
adopted. Senator Hollis moved to reconsider the vote by which the            The bill was read by title. Senator Heitmeier moved the final
bill was passed and laid the motion on the table.                        passage of the bill.

HOUSE BILL NO. 1688—                                                                              ROLL CALL
     BY REPRESENTATIVE LAFLEUR
                               AN ACT                                         The roll was called with the following result:
To amend and reenact R.S. 18:424(E) and 425(E), relative to
    compensation of commissioners and commissioners-in-charge;                                          YEAS
    to provide for commissioners and commissioners-in-charge to be
    paid timely for their services on election day; and to provide for   Mr. President               Fields                    Malone
    related matters.                                                     Adley                       Gautreaux                 Marionneaux
                                                                         Bajoie                      Heitmeier                 Michot
                                                                         Barham                      Holden                    Mount
Page 94 SENATE                                                                              46th DAY'S PROCEEDINGS
June 20, 2003
Bean                         Hollis                 Romero                Bajoie                      Heitmeier                Mount
Boissiere                    Hoyt                   Schedler              Barham                      Holden                   Romero
Cain                         Irons                  Smith                 Bean                        Hollis                   Schedler
Chaisson                     Johnson                Tarver                Boissiere                   Hoyt                     Smith
Cravins                      Jones, B               Theunissen            Cain                        Irons                    Tarver
Dardenne                     Jones, CD              Ullo                  Chaisson                    Johnson                  Theunissen
Dupre                        Lentini                                      Cravins                     Jones, B                 Ullo
 Total—32                                                                 Dardenne                    Jones, CD
                               NAYS                                       Dean                        Lentini
                                                                           Total—31
Dean                                                                                                    NAYS
 Total—1
                              ABSENT                                       Total—0
                                                                                                      ABSENT
Ellington                    Hines                  McPherson
Fontenot                     Lambert                Thomas                Dupre                       Hines                    McPherson
 Total—6                                                                  Ellington                   Lambert                  Thomas
                                                                          Fontenot                    Marionneaux
     The Chair declared the bill was passed. The title was read and        Total—8
adopted. Senator Heitmeier moved to reconsider the vote by which
the bill was passed and laid the motion on the table.                          The Chair declared the amended bill was passed. The title was
                                                                          read and adopted. Senator Irons moved to reconsider the vote by
HOUSE BILL NO. 1838—                                                      which the bill was passed and laid the motion on the table.
     BY REPRESENTATIVE PINAC
                             AN ACT                                       HOUSE BILL NO. 1840—
To amend and reenact R.S. 9:1131.2(20) and (22), 1131.4(A), (B),              BY REPRESENTATIVE DARTEZ
    (C)(2), (5), and (6), and (D), 1131.8, 1131.9(B) and (C),                                          AN ACT
    1131.10.1, 1131.12(B), (C)(3), (D)(introductory paragraph),           To amend and reenact R.S. 37:1104(A), (B)(1) and (2)(a) and (C),
    (E)(6), (F), and (G)(2) and (3), 1131.13(A) (B), and (E),                 1116(B)(introductory paragraph)          and (C)(introductory
    1131.20(B), (C), (D), (J), and (K), 1131.21(B) and (C),                   paragraph), 1120(A)(introductory paragraph), and 1121 and to
    1131.23(A)(introductory paragraph) and (G), 1131.28(A) and                repeal R.S. 37:1104(B)(2)(d) and 1106(A)(9), relative to
    R.S. 37:1437.1(B)(1)(a) and (C), to enact R.S. 9:1131.3(E)                licensed marriage and family therapists; to provide for changes
    through (H), 1131.4(F), 1131.9.1, 1131.9.2, 1131.12(D)(3)                 to the content of the board; to delete the examination fee for
    through (7), 1131.16.1 and R.S. 37:1437.1(G), and to repeal               marriage and family license applicants; to provide for
    R.S. 9:1131.4(C)(7) through (13), 1131.10, 1131.12(E)(14) and             replacements for vacancies that arise in the board; and to
    (18), 1131.12(G)(4) through (8), 1131.13(F), 1131.14, 1131.15,            provide for related matters.
    1131.16, 1131.20(E) through (I), 1131.21(D), and 1131.28(B)
    and (C), relative to the Louisiana Timesharing Act; to provide            The bill was read by title. Senator Michot moved the final
    for various revisions to the Act; to repeal certain provisions of     passage of the bill.
    the Act; and to provide for related matters.
                                                                                                  ROLL CALL
                Floor Amendments Sent Up
                                                                              The roll was called with the following result:
     Senator Irons sent up floor amendments which were read.
                                                                                                        YEAS
                SENATE FLOOR AMENDMENTS
                                                                          Mr. President               Gautreaux                Marionneaux
Amendments proposed by Senator Michot to Reengrossed House Bill           Adley                       Heitmeier                Michot
No. 1838 by Representative Pinac                                          Bajoie                      Holden                   Mount
                                                                          Barham                      Hollis                   Romero
AMENDMENT NO. 1                                                           Boissiere                   Hoyt                     Schedler
On page 4, line 12, change "situs state" to "state in which the plan is   Cain                        Irons                    Smith
located"                                                                  Chaisson                    Johnson                  Tarver
                                                                          Cravins                     Jones, B                 Theunissen
AMENDMENT NO. 2                                                           Dardenne                    Jones, CD                Ullo
On page 10, lines 4 and 5, change "the effective date of this             Dupre                       Lentini
legislation" to "August 30, 1983"                                         Fields                      Malone
                                                                           Total—31
     On motion of Senator Irons, the amendments were adopted.                                           NAYS
     The bill was read by title. Senator Irons moved final passage of     Dean
the amended bill.                                                          Total—1
                                                                                                      ABSENT
                          ROLL CALL
                                                                          Bean                        Hines                    Thomas
     The roll was called with the following result:                       Ellington                   Lambert
                                                                          Fontenot                    McPherson
                                YEAS                                       Total—7

Mr. President                Fields                 Malone
Adley                        Gautreaux              Michot
46th DAY'S PROCEEDINGS                                                                              Page 95 SENATE
                                                                                                                     June 20, 2003
      The Chair declared the bill was passed. The title was read and        legislative oversight of the commission; and to provide for
adopted. Senator Michot moved to reconsider the vote by which the           related matters.
bill was passed and laid the motion on the table.
                                                                           The bill was read by title. Senator Heitmeier moved the final
HOUSE BILL NO. 1889—                                                   passage of the bill.
     BY REPRESENTATIVES LUCAS AND MURRAY
                             AN ACT                                                             ROLL CALL
To amend and reenact R.S. 9:3516(16)(b) and (23)(b), relative to the
    Louisiana Consumer Credit Law; to provide with respect to               The roll was called with the following result:
    certain fees and charges; and to provide for related matters.
                                                                                                      YEAS
     On motion of Senator Adley, the bill was read by title and
returned to the Calendar, subject to call.                             Mr. President               Fields                    Lentini
                                                                       Adley                       Gautreaux                 Malone
HOUSE BILL NO. 1923—                                                   Bajoie                      Heitmeier                 Michot
     BY REPRESENTATIVES HUDSON AND NEVERS
                            AN ACT                                     Barham                      Holden                    Mount
To enact R.S. 17:427.3, to provide for the Teach Louisiana First       Boissiere                   Hollis                    Romero
    Program to reduce the shortage of certified teachers in certain    Cain                        Hoyt                      Schedler
    schools; to provide for program purposes, eligibility criteria,    Chaisson                    Irons                     Smith
    incentive payments, reports, administration, and funding; and      Cravins                     Johnson                   Tarver
    to provide for related matters.                                    Dardenne                    Jones, B                  Theunissen
                                                                       Dupre                       Jones, CD                 Ullo
     The bill was read by title. Senator B. Jones moved the final       Total—30
passage of the bill.                                                                                  NAYS
                                                                       Dean
                         ROLL CALL                                      Total—1
                                                                                                    ABSENT
     The roll was called with the following result:
                                                                       Bean                        Hines                     McPherson
                               YEAS                                    Ellington                   Lambert                   Thomas
                                                                       Fontenot                    Marionneaux
Mr. President               Fields                Malone                Total—8
Adley                       Gautreaux             Marionneaux
Bajoie                      Heitmeier             Michot                    The Chair declared the bill was passed. The title was read and
Barham                      Holden                Mount                adopted. Senator Heitmeier moved to reconsider the vote by which
Boissiere                   Hollis                Romero               the bill was passed and laid the motion on the table.
Cain                        Hoyt                  Schedler
Chaisson                    Irons                 Smith                HOUSE BILL NO. 1984—
Cravins                     Johnson               Tarver                    BY REPRESENTATIVE GARY SMITH
Dardenne                    Jones, B              Theunissen                                        AN ACT
Dean                        Jones, CD             Ullo                 To enact R.S. 14:30(A)(8), relative to homicide; to provide with
Dupre                       Lentini                                        respect to the crime of first degree murder; and to provide for
 Total—32                                                                  related matters.
                              NAYS
                                                                            On motion of Senator Adley, the bill was read by title and
 Total—0                                                               returned to the Calendar, subject to call.
                             ABSENT
                                                                       HOUSE BILL NO. 1987—
Bean                        Hines                 Thomas                    BY REPRESENTATIVE SCALISE
Ellington                   Lambert                                                                 AN ACT
Fontenot                    McPherson                                  To amend and reenact R.S. 15:831(A) and to enact R.S. 15:831(D),
 Total—7                                                                   relative to medical care of inmates; to prohibit the use of state
                                                                           funds for medical costs associated with organ transplants; and to
      The Chair declared the bill was passed. The title was read and       provide for related matters.
adopted. Senator B. Jones moved to reconsider the vote by which the
bill was passed and laid the motion on the table.                                      Floor Amendments Sent Up
HOUSE BILL NO. 1945—                                                        Senator Lentini sent up floor amendments which were read.
     BY REPRESENTATIVE DIEZ
                            AN ACT                                                     SENATE FLOOR AMENDMENTS
To amend and reenact R.S. 56:1948.1, 1948.3, 1948.4, and
   1948.7(A) and to enact R.S. 36:209(X) and 802.18 and Part III-      Amendments proposed by Senator Lentini to Reengrossed House Bill
   A of Chapter 9 of Title 56 of the Louisiana Revised Statutes of     No. 1987 by Representative Scalise
   1950, to be comprised of R.S. 56:1948.11 through 1948.13,
   relative to the Louisiana Byways Program; to provide relative       AMENDMENT NO. 1
   to selection of byways; to create the Louisiana Byways              On page 2, line 14, after "murder" insert "or the crime of aggravated
   Commission as a state agency in the Department of Culture,          rape"
   Recreation and Tourism; to provide for the jurisdiction and
   purpose of the commission; to provide for membership of such             On motion of Senator Lentini, the amendments were adopted.
   commission, and its powers, duties, and functions; to provide for
Page 96 SENATE                                                                             46th DAY'S PROCEEDINGS
June 20, 2003
                Floor Amendments Sent Up                                House Bill No. 1987. He voted yea on the bill and had intended to
                                                                        vote nay. He asked that the Official Journal so state.
     Senator Bajoie sent up floor amendments which were read.
                                                                        HOUSE BILL NO. 1994—
                                                                             BY REPRESENTATIVES WELCH, ALEXANDER, BALDONE, BRUCE,
                SENATE FLOOR AMENDMENTS                                      CROWE, DOERGE, FANNIN, FRITH, PINAC, GARY SMITH, AND SNEED
                                                                                                     AN ACT
Amendments proposed by Senator Bajoie to Reengrossed House Bill         To amend and reenact R.S. 37:1861(B)(introductory paragraph) and
No. 1987 by Representative Scalise                                          to enact R.S. 37:1869.1, relative to secondhand dealers; to
                                                                            prohibit the sale of certain articles of clothing by secondhand
AMENDMENT NO. 1                                                             dealers; and to provide for related matters.
On page 2, at the end of line 7, insert the following: "However,
nothing in this Section shall prohibit an inmate from donating his          The bill was read by title. Senator Fields moved the final
vital organs for transplant purposes."                                  passage of the bill.
     On motion of Senator Bajoie, the amendments were adopted.
                                                                                                  ROLL CALL
     The bill was read by title. Senator Lentini moved final passage
of the amended bill.                                                         The roll was called with the following result:
                                                                                                        YEAS
                         ROLL CALL
                                                                        Mr. President                Dupre                    Lentini
     The roll was called with the following result:                     Adley                        Fields                   Malone
                                                                        Bajoie                       Heitmeier                Michot
                               YEAS                                     Barham                       Holden                   Mount
                                                                        Boissiere                    Hollis                   Romero
Mr. President               Gautreaux             Michot                Cain                         Hoyt                     Schedler
Adley                       Heitmeier             Mount                 Chaisson                     Irons                    Smith
Barham                      Hollis                Romero                Cravins                      Johnson                  Tarver
Boissiere                   Hoyt                  Schedler              Dardenne                     Jones, B                 Theunissen
Cain                        Irons                 Smith                 Dean                         Jones, CD                Ullo
Chaisson                    Jones, B              Tarver                 Total—30
Dardenne                    Jones, CD             Theunissen                                            NAYS
Dean                        Lentini               Ullo
Dupre                       Malone                                       Total—0
 Total—26                                                                                             ABSENT
                               NAYS
                                                                        Bean                         Gautreaux                Marionneaux
Fields                      Holden                Johnson               Ellington                    Hines                    McPherson
 Total—3                                                                Fontenot                     Lambert                  Thomas
                             ABSENT                                      Total—9
Bajoie                      Fontenot              McPherson                  The Chair declared the bill was passed. The title was read and
Bean                        Hines                 Thomas                adopted. Senator Fields moved to reconsider the vote by which the
Cravins                     Lambert                                     bill was passed and laid the motion on the table.
Ellington                   Marionneaux
 Total—10                                                               HOUSE BILL NO. 2002—
                                                                             BY REPRESENTATIVE PITRE
     The Chair declared the amended bill was passed. The title was                                     AN ACT
read and adopted. Senator Lentini moved to reconsider the vote by       To enact R.S. 45:858, relative to carriers; to provide that an owner of
which the bill was passed and laid the motion on the table.                 goods, products, or commodities is not automatically an offeror;
                                                                            to provide for definitions; to provide for an effective date; and
                      Personal Privilege                                    to provide for related matters.

     Senator C. Jones asked for and obtained the floor of the Senate                    Floor Amendments Sent Up
on a point of personal privilege, and stated he had voted in error on
House Bill No. 1987. He voted yea on the bill and had intended to            Senator Heitmeier sent up floor amendments which were read.
vote nay. He asked that the Official Journal so state.
                                                                                        SENATE FLOOR AMENDMENTS
                      Personal Privilege
                                                                        Amendments proposed by Senator Heitmeier to Engrossed House
     Senator Irons asked for and obtained the floor of the Senate on    Bill No. 2002 by Representative Pitre
a point of personal privilege, and stated she had voted in error on
House Bill No. 1987. She voted yea on the bill and had intended to      AMENDMENT NO. 1
vote nay. She asked that the Official Journal so state.                 On page 1, line 2, change "45:858" to "45:164(E) and 858"

                      Personal Privilege                                AMENDMENT NO. 2
                                                                        On page 1, line 2, after "carriers;" insert the following: "to provide
     Senator Boissiere asked for and obtained the floor of the Senate   relative to movers of household goods; to require all movers of
on a point of personal privilege, and stated he had voted in error on   household goods to comply with certain requirements;"
46th DAY'S PROCEEDINGS                                                                                     Page 97 SENATE
                                                                                                                             June 20, 2003
AMENDMENT NO. 3                                                              forest products; to provide for a safety inspection program for certain
On page 1, line 7, change "45:858 is" to "45:164(E) and 858 are"             vehicles transporting general freight and commodities;"
AMENDMENT NO. 4                                                              AMENDMENT NO. 2
On page 1, between lines 7 and 8, insert the following:                      On page 1, between lines 6 and 7, insert the following:
"§164. Common carrier's certificate; contract carrier's permit                     "Section 1. R.S. 32:386(D) is hereby amended and reenacted
                            *        *       *                               and R.S. 32:386(L) and 1305(H) and (I) are hereby enacted to read
      E.(1) All movers of household goods shall be required to apply         as follows:
for and secure a registration permit from the Louisiana Public Service       §386. Weight
Commission, shall secure and maintain the insurance policies                                            *       *        *
required by the Louisiana Public Service Commission for movers of                  D. The total gross weight of any tandem axle or tandem steering
household goods, shall comply with all other requirements of the             axle attached to any vehicle and equipped with low pressure
Louisiana Public Service Commission, shall carry motor truck cargo           pneumatic tires shall not exceed thirty-four thousand pounds.
carriers insurance of at least fifty thousand dollars per truck and one      However on any vehicle carrying forest products in their natural state,
hundred thousand dollars per catastrophe, shall secure and maintain          the weight limitation shall be thirty-seven thousand pounds per
workers' compensation insurance, and shall file a surety bond by a           tandem axle and equipped with low pressure pneumatic tires except
qualified surety company with the Louisiana Public Service                   on the Interstate system.
Commission in the amount of five thousand dollars, prior to engaging                                    *       *        *
in any activities related to moving household goods.                               (L) Notwithstanding any other provision of law to the contrary,
      (2)(a) Any carrier providing the intrastate transportation of          the only limitation on any vehicle transporting forest products in their
household goods shall maintain a permanent establishment in the              natural state shall be that the total gross weight shall not exceed
state. A permanent establishment shall mean a fixed place of business        eighty-six thousand six hundred pounds regardless of the total gross
through which the business of the carrier is wholly or partly carried        weight of any tandem axle or tandem steering axle.
on. The place of business shall be a particular building or physical                                    *       *        *
location used by the carrier for the conduct of its business, and it shall         §1305. Appointment of official inspection stations
be foreseeable that the carrier’s use of this building or other physical                                *       *        *
location shall be more than temporary. The permanent establishment                 H. The department shall provide for a safety inspection program
may include a place of management, a branch, an office, or a                 for the purpose of inspecting and certifying vehicles which transport
terminal. The permanent establishment may be operated by an                  forest products in their natural state in compliance with the Federal
employee of the carrier or an agent of the carrier provided that the         Motor Carrier Safety Regulations. The program shall include a
agent has and habitually exercises the authority to conclude                 mobile unit which will function as an official inspection station and
transportation contracts in the name of the carrier.                         which will conduct safety inspections, on a voluntary basis, at or near
      (b) The carrier shall register the address and telephone number        sawmills, chip mills, and paper mills in the state. The secretary shall
of its permanent establishment with the secretary of state and the           adopt and promulgate rules and regulations in accordance with the
Public Service Commission. Service of process with respect to all            Administrative Procedure Act necessary to implement the provisions
civil, criminal, or administrative proceedings brought before any            of this Subsection.
court or administrative agency located in the state may be served on               I. The department shall provide for a safety inspection program
the carrier at its permanent establishment by any means provided by          for the purpose of inspecting and certifying vehicles that transport
the applicable rules or procedure for that court or agency providing         general freight and commodities in compliance with the Federal
service of process.                                                          Motor Carrier Safety Regulations. The program shall include a
      (c) Should the carrier cease to maintain a permanent                   mobile unit that will function as an official inspection station and
establishment in the state, its right to conduct business in the state       which will conduct motor carrier safety inspections, on a voluntary
shall be immediately suspended.                                              basis, at the permanent weight scales in the state. The secretary shall
      (3) The Louisiana Public Service Commission shall adopt and            adopt and promulgate rules and regulations in accordance with the
promulgate rules and regulations necessary to the proper                     Administrative Procedure Act necessary to implement the provisions
implementation and administration of this Subsection, subject to the         of this Subsection."
oversight of the standing committees on transportation, highways and
public works of the Senate and the House of Representatives pursuant         AMENDMENT NO. 3
to the Administrative Procedure Act. The provisions of this Section          On page 1, line 7, change "Section 1." to "Section 2."
shall apply only when the contract for moving household goods
exceeds two hundred fifty dollars.                                           AMENDMENT NO. 4
      Section 2. This Act shall be effective on January 1, 2004."            On page 2, line 11, change "Section 2." to "Section 3."
     On motion of Senator Heitmeier, the amendments were adopted.            AMENDMENT NO. 5
                                                                             On page 2, line 13, change "Section 3." to "Section 4."
                Floor Amendments Sent Up
                                                                                  On motion of Senator Smith, the amendments were adopted.
     Senator Smith sent up floor amendments which were read.
                                                                                 The bill was read by title. Senator Heitmeier moved final
               SENATE FLOOR AMENDMENTS                                       passage of the amended bill.

Amendments proposed by Senator Smith to Engrossed House Bill                                           ROLL CALL
No. 2002 by Representative Pitre
                                                                                  The roll was called with the following result:
AMENDMENT NO. 1
On page 1, line 2, change "enact R.S. 45:858," to "amend and reenact                                         YEAS
R.S. 32:386(D) and to enact R.S. 32:386(L) and 1305(H) and (I), and
R.S. 45:858," and between "carriers;" and "to" insert the following "to      Mr. President                Fields                   Michot
provide for weight limits on vehicles transporting forest products; to       Adley                        Heitmeier                Mount
provide for a safety inspection program for vehicles which transport         Bajoie                       Holden                   Romero
                                                                             Barham                       Hollis                   Schedler
Page 98 SENATE                                                                                  46th DAY'S PROCEEDINGS
June 20, 2003
Cain                          Hoyt                    Smith                                            ROLL CALL
Chaisson                      Johnson                 Tarver
Cravins                       Jones, B                Theunissen                  The roll was called with the following result:
Dardenne                      Jones, CD               Ullo
Dean                          Lentini                                                                        YEAS
Dupre                         Malone
 Total—28                                                                    Mr. President                Gautreaux                Malone
                                 NAYS                                        Adley                        Heitmeier                Michot
                                                                             Bajoie                       Holden                   Mount
 Total—0                                                                     Barham                       Hollis                   Romero
                               ABSENT                                        Boissiere                    Hoyt                     Schedler
                                                                             Cain                         Irons                    Smith
Bean                          Gautreaux               Marionneaux            Chaisson                     Johnson                  Tarver
Boissiere                     Hines                   McPherson              Cravins                      Jones, B                 Theunissen
Ellington                     Irons                   Thomas                 Dardenne                     Jones, CD                Ullo
Fontenot                      Lambert                                        Fields                       Lentini
 Total—11                                                                     Total—29
                                                                                                             NAYS
     The Chair declared the amended bill was passed. The title was
read and adopted. Senator Heitmeier moved to reconsider the vote             Dean
by which the bill was passed and laid the motion on the table.                Total—1
                                                                                                           ABSENT
HOUSE BILL NO. 2004 (Substitute for House Bill No. 386 by
   Representative Crowe)—                                                    Bean                         Fontenot                 Marionneaux
     BY REPRESENTATIVE CROWE
                                                                             Dupre                        Hines                    McPherson
                               AN ACT                                        Ellington                    Lambert                  Thomas
To enact R.S. 22:10, relative to life insurance policies; to provide for      Total—9
    a central database; to provide for a search for policies; to
    provide for the Department of Insurance; to provide for                       The Chair declared the amended bill was passed. The title was
    procedures; and to provide for related matters.                          read and adopted. Senator Schedler moved to reconsider the vote by
                                                                             which the bill was passed and laid the motion on the table.
                 Floor Amendments Sent Up
                                                                             HOUSE BILL NO. 2010 (Substitute for House Bill No. 1044 by
     Senator Schedler sent up floor amendments which were read.                 Representative Murray) —
                                                                                  BY REPRESENTATIVE MURRAY
               SENATE FLOOR AMENDMENTS                                                                   AN ACT
                                                                             To authorize the Milne Home for Girls to operate as an adult
Amendments proposed by Senator Thomas to Engrossed House Bill                    residential care home; and to provide for related matters.
No. 2004 by Representative Crowe
                                                                                             Floor Amendments Sent Up
AMENDMENT NO. 1
On page 1, line 2, after "22:10" insert the following: "and amend and             Senator Boissiere sent up floor amendments which were read.
reenact R.S. 22:1138.1(A)(2)"
                                                                                             SENATE FLOOR AMENDMENTS
AMENDMENT NO. 2
On page 1, line 7, after "enacted" insert "and R.S. 22:1138.1(A)(2) is       Amendments proposed by Senator Hines to Reengrossed House Bill
amended and reenacted"                                                       No. 2010 by Representative Murray
AMENDMENT NO. 3                                                              AMENDMENT NO. 1
On page 2, after line 10, insert the following:                              Delete Senate Committee Amendment No. 3 proposed by Senate
"§1138.1. Specialty limited lines credit insurance                           Committee on Health and Welfare and adopted by the Senate on June
     (2) No producer shall sell, solicit, or negotiate credit life, credit   12, 2003.
health and accident, or credit property and casualty insurance
pursuant to a specialty limited lines credit insurance producer license      AMENDMENT NO. 2
other than (i) in connection with retail sales transactions not              On page 1, delete lines 16, 17, and 18 and insert "assist residents with
exceeding ten thousand dollars per retail sales transaction; or (ii) in      the self administration of oral, inhalant, topical applications,
connection with retail sales wherein the transaction exceeds ten             suppository, eye and ear drops, prescription and non-prescription
thousand dollars as provided in rules and regulations promulgated by         medication, in accordance with the resident's medical needs and
the commissioner of insurance.                                               orders of an authorized prescriber provided that the facility maintains
                           *        *        *                               documentation of training of certain home staff regarding resident
                                                                             specific medications and abides by the services plan and regulations
     On motion of Senator Schedler, the amendments were adopted.             of the home, approved by a medical doctor;"
     The bill was read by title. Senator Schedler moved final passage             On motion of Senator Boissiere, the amendments were adopted.
of the amended bill.
                                                                                 The bill was read by title. Senator Boissiere moved final
                                                                             passage of the amended bill.
46th DAY'S PROCEEDINGS                                                                                    Page 99 SENATE
                                                                                                                            June 20, 2003
                           ROLL CALL                                                                  ROLL CALL
     The roll was called with the following result:                              The roll was called with the following result:
                                YEAS                                                                        YEAS
Mr. President                 Fields                 Lentini                Mr. President                Fields                   Malone
Adley                         Gautreaux              Malone                 Adley                        Gautreaux                Michot
Bajoie                        Heitmeier              Michot                 Bajoie                       Heitmeier                Mount
Barham                        Holden                 Mount                  Barham                       Holden                   Romero
Cain                          Hollis                 Romero                 Boissiere                    Hollis                   Schedler
Chaisson                      Hoyt                   Schedler               Cain                         Hoyt                     Smith
Cravins                       Irons                  Smith                  Chaisson                     Irons                    Tarver
Dardenne                      Johnson                Tarver                 Cravins                      Johnson                  Theunissen
Dean                          Jones, B               Theunissen             Dardenne                     Jones, B                 Ullo
Dupre                         Jones, CD              Ullo                   Dean                         Jones, CD
 Total—30                                                                   Dupre                        Lentini
                                NAYS                                         Total—31
                                                                                                            NAYS
 Total—0
                               ABSENT                                        Total—0
                                                                                                          ABSENT
Bean                          Fontenot               Marionneaux
Boissiere                     Hines                  McPherson              Bean                         Hines                    McPherson
Ellington                     Lambert                Thomas                 Ellington                    Lambert                  Thomas
 Total—9                                                                    Fontenot                     Marionneaux
                                                                             Total—8
     The Chair declared the amended bill was passed. The title was
read and adopted. Senator Boissiere moved to reconsider the vote by              The Chair declared the amended bill was passed. The title was
which the bill was passed and laid the motion on the table.                 read and adopted. Senator Michot moved to reconsider the vote by
                                                                            which the bill was passed and laid the motion on the table.
HOUSE BILL NO. 2015 (Substitute for House Bill No. 993 by
   Representative LaFleur)—                                                 HOUSE BILL NO. 2019 (Substitute for House Bill No. 1715 by
     BY REPRESENTATIVES LAFLEUR, CAZAYOUX, HUTTER, AND                         Representative Glover)—
     SCALISE                                                                     BY REPRESENTATIVES GLOVER AND L. JACKSON
                             AN ACT                                                                   AN ACT
To enact Chapter 19-C of Title 51 of the Louisiana Revised Statutes         To enact R.S. 40:31.2, relative to public health; creates the
     of 1950, to be comprised of R.S. 51:1741 through 1741.3,                  Interagency Task Force on Health Literacy; and to provide for
     relative to telecommunications; to provide relative to unsolicited        related matters.
     commercial electronic mail advertisements; to provide for
     definitions; to prohibit certain activities; to require certain             On motion of Senator Adley, the bill was read by title and
     disclosures and the maintenance of certain electronic mail             returned to the Calendar, subject to call.
     addresses; to provide relative to electronic mail addresses
     provided by an employer; to provide for civil actions and              HOUSE BILL NO. 2025 (Substitute for House Bill No. 112 by
     damages; and to provide for related matters.                              Representative Guillory)—
                                                                                 BY REPRESENTATIVE GUILLORY
                 Floor Amendments Sent Up                                                                  AN ACT
                                                                            To enact R.S. 33:1236.23, relative to naming a senior citizens'
     Senator Michot sent up floor amendments which were read.                   services administrative building; to authorize the governing
                                                                                authority of certain parishes to name a senior citizens' services
                SENATE FLOOR AMENDMENTS                                         administrative building in honor of a living public officer of the
                                                                                parish; to provide limitations; and to provide for related matters.
Amendments proposed by Senator Michot to Reengrossed House Bill
No. 2015 by Representative LaFleur                                                          Floor Amendments Sent Up
AMENDMENT NO. 1                                                                  Senator Cain sent up floor amendments which were read.
On page 7, line 1 after "electronic" delete "or written"
                                                                                            SENATE FLOOR AMENDMENTS
AMENDMENT NO. 2
On page 7, line 19 at the end of the line after "other electronic" delete   Amendments proposed by Senator Cain and Senator Fontenot to
"or" and at the beginning of line 20 delete "written"                       Engrossed House Bill No. 2025 by Representative Guillory
     On motion of Senator Michot, the amendments were adopted.              AMENDMENT NO. 1
                                                                            On page 1, line 2, after "R.S. 33:1236.23" insert "and to enact R.S.
     The bill was read by title. Senator Michot moved final passage         49:150.21"
of the amended bill.
                                                                            AMENDMENT NO. 2
                                                                            On page 1, line 2, after "naming" insert "and displaying names and
                                                                            symbols on public buildings; to name"
                                                                            AMENDMENT NO. 3
Page 100 SENATE                                                                              46th DAY'S PROCEEDINGS
June 20, 2003
On page 1, line 5, after "parish'" insert the following: "to authorize     Bean                        Hines                  McPherson
the board of commissioners of the Louisiana Stadium and Exposition         Ellington                   Lambert                Thomas
District to contract with a private entity to paint and display the flag   Fontenot                    Marionneaux
of the United States of America and "God Bless America" on the roof         Total—8
of the Louisiana Superdome;"
                                                                               The Chair declared the bill was passed. The title was read and
AMENDMENT NO. 4                                                            adopted. Senator Cain moved to reconsider the vote by which the bill
On page 1, line 8, delete "is" and insert "R.S. 49:150.21 are"             was passed and laid the motion on the table.
AMENDMENT NO. 5                                                                                   Rules Suspended
On page 2, between lines 2 and 3 insert the following:
"§150.21. Displaying the United States flag and "God Bless                      Senator Adley asked for and obtained a suspension of the rules
      America" on a public building                                        for the purpose of reverting to the Morning Hour.
      A. Notwithstanding any other provision of law to the contrary,
the board of commissioners of the Louisiana Stadium and Exposition                            Privilege Report of the
District may contract with a private entity to paint, at no cost to the
district nor the state of Louisiana, the flag of the United States of                           Legislative Bureau
America and the phrase "God Bless America", on the roof of the
Louisiana Superdome. Said contract shall stipulate that the district                                  June 20, 2003
and the state of Louisiana shall be held harmless for any liability
incurred as a result of the painting process, and the contractor shall     To the President and Members of the Senate:
be responsible for removal of the paint in the event that the naming
rights to the Superdome are sold to a sponsor who desires that the             I am directed by your Legislative Bureau to submit the following
painting be removed. The contractor shall post a bond for                  report:
performance payable, as appropriate, to the board of commissioners
of the Louisiana Stadium and Exposition District, with good and                The following bills are approved as to construction and
sufficient sureties approved by the board of commissioners,                duplication.
conditioned on the faithful performance of all duties surrounding the
painting process.                                                          HOUSE CONCURRENT RESOLUTION NO. 235—
                                                                                BY REPRESENTATIVE CRANE AND SENATOR THEUNISSEN
      B. Prior to the commencement of the painting process, the                            A CONCURRENT RESOLUTION
contractor must present, for district approval, detailed plans for the     To provide for legislative approval of the formula to determine the
painting project, which shall include the names of those people                cost of a minimum foundation program of education in all public
involved in the project, the exact color of paint to be used as well as        elementary and secondary schools as well as to equitably
a small scale replica of the proposed finished product.                        allocate the funds to parish and city school systems as developed
      C. Any contract authorized under the provisions of this Section          by the State Board of Elementary and Secondary Education and
shall not be subject to public bidding requirements under the public           adopted by the board on March 12, 2003, and as subsequently
bid law, R.S. 38:2181 et seq., or the Louisiana Procurement Code,              revised pursuant to board action on May 15, 2003.
R.S. 39:1551 et seq."
     Senator Mount asked for a ruling from the Chair as to whether              Reported without amendments.
the amendment was germane to the bill.
                                                                           HOUSE BILL NO. 61—
                                                                                BY REPRESENTATIVE LANCASTER
     The Chair ruled that the amendment was not germane to the bill.                                    AN ACT
                                                                           To appropriate funds out of the General Fund of the state of
     The amendment was withdrawn.                                              Louisiana for Fiscal Year 2003-2004 to be used to pay the
                                                                               consent judgment in the suit entitled "Wayne B. Posey v.
     The bill was read by title. Senator Cain moved the final passage          Department of Transportation and Development for the State of
of the bill.                                                                   Louisiana, and Aluminum Company of America, Inc."; to
                                                                               provide for interest; and to provide for related matters.
                          ROLL CALL
                                                                                Reported without amendments.
     The roll was called with the following result:
                                                                           HOUSE BILL NO. 62—
                                YEAS                                            BY REPRESENTATIVE GALLOT
                                                                                                        AN ACT
Mr. President                Fields                  Malone                To appropriate funds out of the General Fund of the state of
Adley                        Gautreaux               Michot                    Louisiana for Fiscal Year 2003-2004 to be used to pay the
Bajoie                       Heitmeier               Mount                     consent judgment in the suit entitled "Paula Jo Odom v. State of
Barham                       Holden                  Romero                    Louisiana, through the Louisiana Department of Transportation
Boissiere                    Hollis                  Schedler                  and Development"; to provide for court costs; and to provide for
Cain                         Hoyt                    Smith                     related matters.
Chaisson                     Irons                   Tarver
Cravins                      Johnson                 Theunissen                 Reported without amendments.
Dardenne                     Jones, B                Ullo
Dean                         Jones, CD                                     HOUSE BILL NO. 73—
Dupre                        Lentini                                            BY REPRESENTATIVE BRUCE
 Total—31                                                                                                AN ACT
                                NAYS                                       To appropriate funds out of the General Fund of the state of
                                                                               Louisiana for Fiscal Year 2003-2004 to be used to pay the final
 Total—0                                                                       judgment in the suit entitled "Thomas Adams, et ux v. The State
                              ABSENT                                           of Louisiana through the Department of Transportation and
46th DAY'S PROCEEDINGS                                                                              Page 101 SENATE
                                                                                                                        June 20, 2003
     Development"; to provide for interest; to provide for court costs;   HOUSE BILL NO. 237—
     and to provide for related matters.                                       BY REPRESENTATIVE CROWE
                                                                                                     AN ACT
     Reported without amendments.                                         To appropriate funds out of the General Fund of the state of
                                                                              Louisiana for Fiscal Year 2003-2004 to be used to pay the
HOUSE BILL NO. 74—                                                            consent judgment in the suit entitled "Gladys Breland and
     BY REPRESENTATIVE ROMERO                                                 Kenneth Breland v. David A. McKenzie, Aleman's Auto Sales,
                             AN ACT                                           Inc., Herbert McKenzie Auto Sales, Canal Indemnity Insurance
To appropriate funds out of the General Fund of the state of                  Company, First Oak Brook Syndicate, and Louisiana
    Louisiana for Fiscal Year 2003-2004 to be used to pay the                 Department of Transportation and Development"; and to provide
    consent judgment in the suit entitled "Dora Salazar, et al v. State       for related matters.
    of Louisiana, Department of Transportation and Development";
    and to provide for related matters.                                        Reported without amendments.
     Reported without amendments.                                         HOUSE BILL NO. 274—
                                                                               BY REPRESENTATIVE WALKER
HOUSE BILL NO. 79—                                                                                     AN ACT
     BY REPRESENTATIVE BRUNEAU                                            To appropriate funds out of the General Fund of the state of
                              AN ACT                                          Louisiana for Fiscal Year 2003-2004 to be used to pay certain
To appropriate funds out of the General Fund of the state of                  judgments against the state; to pay the judgments rendered in
    Louisiana for Fiscal Year 2003-2004 to be used to pay the final           "Mary A. Brouillette v. Gilchrist Construction Company and the
    judgment in the suit entitled "Ralph Buras v. Darryl M. Schultz,          state of Louisiana through the Department of Transportation and
    Judges of Orleans Parish Criminal District Court and the State            Development" c/w Billy Hendrix, et al v. Gilchrist Construction
    of Louisiana"; to provide for interest; to provide for court costs;       Company, et al; to pay the consent judgments in "Janice Marie
    and to provide for related matters.                                       Miller, et ux and Amanda Heather Belgard, et ux v. State of
                                                                              Louisiana, through the Department of Transportation and
     Reported without amendments.                                             Development"; to provide for interest; to provide for costs; and
                                                                              to provide for related matters.
HOUSE BILL NO. 88—
     BY REPRESENTATIVES STRAIN, NEVERS, POWELL, SCHWEGMANN,                    Reported without amendments.
     SHAW, FLAVIN, GUILLORY, JOHNS, LANCASTER, JOHN SMITH,
     WADDELL, WALKER, WINSTON, AND WOOTON AND SENATORS
     DUPRE, GAUTREAUX, ADLEY, CAIN, ROMERO, AND THEUNISSEN                HOUSE BILL NO. 275—
                              AN ACT                                           BY REPRESENTATIVE ALARIO
To amend and reenact R.S. 27:392(B)(2)(b) and (3) through (6) and                                       AN ACT
    to enact R.S. 27:392(B)(7), relative to the Pari-mutuel Live          To appropriate funds out of the General Fund of the state of
    Racing Facility Economic Redevelopment and Gaming Control                 Louisiana for Fiscal Year 2003-2004 to be used to pay the final
    Act; to provide for the distribution of certain revenues; to make         judgment in the suit entitled "Sizeler Architects, A Professional
    certain technical corrections; to establish the Equine Health             Corporation, and J. Caldarera Company, Inc. v. The State of
    Studies Program Fund in the state treasury; to provide for a              Louisiana through the Louisiana Stadium and Exposition
    portion of the monies in the Pari-mutuel Live Racing Facility             District"; to provide for interest; and to provide for related
    Gaming Control Fund to be deposited into the Equine Health                matters.
    Studies Program Fund; to provide for the use of the monies in
    such fund; to provide for an effective date; and to provide for            Reported without amendments.
    related matters.
                                                                          HOUSE BILL NO. 289—
                                                                               BY REPRESENTATIVE TUCKER
     Reported without amendments.                                                                      AN ACT
                                                                          To appropriate funds out of the General Fund of the state of
HOUSE BILL NO. 159—                                                           Louisiana for Fiscal Year 2003-2004 to be used to pay the
     BY REPRESENTATIVE ERDEY
                            AN ACT                                            consent judgment in the suit entitled "Cassandra Fontenette v.
To appropriate funds out of the General Fund of the state of                  State of Louisiana through the Department of Transportation and
    Louisiana for Fiscal Year 2003-2004 to be used to pay the                 Development and ABC Insurance Company"; and to provide for
    judgment in the suit entitled "Mary E. Shackelford, et al v.              related matters.
    Cheryl A. Harris, et al c/w Cheryl A. Harris v. State of
    Louisiana, Department of Transportation and Development"; to               Reported without amendments.
    provide for interest and court costs; and to provide for related
    matters.                                                              HOUSE BILL NO. 305—
                                                                               BY REPRESENTATIVE CAZAYOUX
                                                                                                    AN ACT
     Reported without amendments.                                         To appropriate funds out of the General Fund of the state of
                                                                              Louisiana for Fiscal Year 2003-2004 to Ronald Tassin, to
HOUSE BILL NO. 202—                                                           provide for reimbursement of his legal expenses.
     BY REPRESENTATIVE FAUCHEUX
                              AN ACT
To appropriate funds out of the General Fund of the state of                   Reported without amendments.
    Louisiana for Fiscal Year 2003-2004 to be used to pay the final
    judgment in favor of J. Caldarera & Co., Inc. in the suit entitled    HOUSE BILL NO. 371—
                                                                               BY REPRESENTATIVE FAUCHEUX
    "Sizeler Architects, et al v. State of Louisiana through the                                        AN ACT
    Louisiana Stadium and Exposition District"; to provide for            To appropriate funds out of the General Fund of the state of
    interest; and to provide for related matters.                             Louisiana for Fiscal Year 2003-2004 to be used to pay the final
                                                                              judgment in the suit entitled "Rhonda Johnson, on behalf of her
     Reported without amendments.                                             minor daughter, Renata Johnson v. Melvin Dumas, Sr., his
Page 102 SENATE                                                                            46th DAY'S PROCEEDINGS
June 20, 2003
     employer, St. James Catholic Church, and their liability                 Sonnier, et ux. v. Allstate Insurance Co., et al." to provide for
     insurance company, Virginia Surety Company, Randy Folse, and             interest; to provide for court costs; and to provide for related
     the Louisiana Department of Transportation and Development";             matters.
     to provide for interest; to provide for costs; and to provide for
     related matters.                                                         Reported without amendments.
     Reported without amendments.                                        HOUSE BILL NO. 838—
                                                                              BY REPRESENTATIVE QUEZAIRE
HOUSE BILL NO. 458—                                                                                   AN ACT
     BY REPRESENTATIVES CAZAYOUX AND BROOME                              To appropriate funds out of the General Fund of the state of
                              AN ACT                                         Louisiana for Fiscal Year 2003-2004 to be used to pay the
To amend and reenact R.S. 38:301(A)(3) as amended and reenacted              consent judgment in the suit entitled "Virgil Joffrion, Sr. v. The
    by Act No. 243 of the 2003 Regular Session of the Louisiana              State of Louisiana, through the Department of Transportation
    Legislature, relative to the authority of levee boards and levee         and Development, consolidated with Joan Grissafe v. The State
    and drainage boards; to authorize the construction of bicycle            of Louisiana, through the Department of Transportation and
    paths and walkways along the main line levees of the                     Development"; and to provide for related matters.
    Mississippi River in West Baton Rouge Parish; and to provide
    for related matters.                                                      Reported without amendments.
     Reported without amendments.                                        HOUSE BILL NO. 843—
                                                                              BY REPRESENTATIVE FARRAR
HOUSE BILL NO. 611—                                                                                   AN ACT
     BY REPRESENTATIVE FAUCHEUX                                          To appropriate funds out of the General Fund of the state of
                             AN ACT                                          Louisiana for Fiscal Year 2003-2004 to be used to pay consent
To amend and reenact R.S. 40:531(A), (C), and (D), 534, and 537,             judgments against the state in the suits entitled "Ann Hickman,
    relative to local housing authorities; to provide relative to the        Douglas L. Hickman, and Emily Hickman v. State of Louisiana,
    appointment and removal of commissioners of certain local                through the Department of Transportation and Development";
    housing authorities established pursuant to resolution of certain        "Terry L. Westbrooks, et al. v. State of Louisiana, Department
    parish governing bodies; to provide that the appointment and             of Transportation and Development"; "Vickie Gayle Evans v.
    removal of commissioners of such housing authorities shall be            State of Louisiana, Department of Transportation and
    made by the parish governing body; to provide relative to the            Development, et al."; "Bobby Allison v. Highlands Insurance
    certificate of appointment or reappointment for such                     Company, et al."; "Billy Hendrix, et al. v. Gilchrist Construction
    commissioners; and to provide for related matters.                       Company, et al."; "Joseph Wiltz v. City of Alexandria Public
                                                                             Works Division and Charlisle Contracting"; and "Melvin Smith
     Reported without amendments.                                            and Lenora Smith v. State of Louisiana Department of
                                                                             Transportation and Development, et al."; to provide for costs;
HOUSE BILL NO. 643—                                                          and to provide for related matters.
     BY REPRESENTATIVE BRUNEAU
                           AN ACT                                             Reported without amendments.
To appropriate funds out of the General Fund of the state of
    Louisiana for Fiscal Year 2003-2004 to be used to pay the            HOUSE BILL NO. 863—
    consent judgment in the suit entitled "Nellie L. Smith, Mother            BY REPRESENTATIVE DURAND
    of Tron E. Smith, Deceased v. State of Louisiana, through the                                     AN ACT
    Department of Transportation and Development"; and to provide        To appropriate funds out of the General Fund of the state of
    for related matters.                                                     Louisiana for Fiscal Year 2003-2004 to be used to pay the
                                                                             consent judgment in the suit entitled "Alison Bond and Dennis
     Reported without amendments.                                            W. Bond v. Blake E. Ewen, Kelley P. Ewen, State of Louisiana
                                                                             through the Department of Transportation and Development,
HOUSE BILL NO. 798—                                                          City of Baton Rouge/Parish of East Baton Rouge, Boston Old
     BY REPRESENTATIVE PERKINS                                               Colony Insurance Co., and ABC Insurance Company"; and to
                           AN ACT                                            provide for related matters.
To appropriate funds out of the General Fund of the state of
    Louisiana to be used to pay the consent judgment in the suit              Reported without amendments.
    entitled "Linda Berthelot v. Linda F. Jones, and State of
    Louisiana, through the Department of Transportation and              HOUSE BILL NO. 867—
    Development"; to provide for interest; and to provide for related         BY REPRESENTATIVES MORRELL AND PEYCHAUD
    matters.                                                                                           AN ACT
                                                                         To amend and reenact Section 4 of Act No. 762 of the 1986 Regular
     Reported without amendments.                                            Session of the Legislature, as amended by Act No. 875 of the
                                                                             1988 Regular Session of the Legislature, and as amended by Act
HOUSE BILL NO. 831—                                                          No. 1227 of the 1995 Regular Session of the Legislature,
     BY REPRESENTATIVE LEBLANC                                               relative to the Greater New Orleans Expressway Commission; to
                              AN ACT                                         provide for use of surplus funds; and to provide for related
To appropriate funds out of the General Fund of the state of                 matters.
    Louisiana for Fiscal Year 2003-2004 to be used to pay the final
    judgment in the suit entitled "Christine Vallien, Individually, on        Reported without amendments.
    behalf of the estate of her husband, Leonard C. Vallien, and on
    behalf of her minor children, Joy Renee Vallien, Tiffany
    Rochelle Vallien, and Leonard C. Vallien, Jr. v. State of
    Louisiana through the Department of Transportation and
    Development"; to pay the consent judgment in "Kim Fitch, et al.
    v. Eddie Lewis, et al."; and to pay the consent judgment in "Kim
46th DAY'S PROCEEDINGS                                                                              Page 103 SENATE
                                                                                                                         June 20, 2003
HOUSE BILL NO. 881—                                                      HOUSE BILL NO. 938—
     BY REPRESENTATIVE ALARIO                                                 BY REPRESENTATIVE GARY SMITH
                             AN ACT                                                                    AN ACT
To appropriate funds out of the General Fund of the state of             To appropriate funds out of the General Fund of the state of
    Louisiana for Fiscal Year 2003-2004 to be used to pay certain            Louisiana for Fiscal Year 2003-2004 to the Department of
    judgments against the state; to pay the consent judgment in the          Education, State Activities, for payment or reimbursement for
    suit entitled "Louis Merhige v. Board of Commissioners for the           payment of legal expenses of James P. Dukes; to provide for an
    East Jefferson Levee District, C. "Bud" Taulli Construction              effective date; and to provide for related matters.
    Company, Inc., Manual Anaya, The Transportation Insurance
    Company, Parish of Jefferson, and the Department of                       Reported without amendments.
    Transportation and Development, State of Louisiana"; to pay
    the judgment in "Yvonne Updegraff v. State of Louisiana,             HOUSE BILL NO. 984—
    through the Department of Transportation and Development"; to             BY REPRESENTATIVE SALTER
    provide for interest; and to provide for related matters.                                        AN ACT
                                                                         To appropriate funds out of the General Fund of the state of
     Reported without amendments.                                            Louisiana to be used to pay the consent judgment in the suit
                                                                             entitled "Lashondria Howard, et al. v. State of Louisiana, et al.
HOUSE BILL NO. 882—                                                          consolidated with Julia Faye Hamilton Guice, et al. v. Zurich
     BY REPRESENTATIVE ALARIO                                                American Insurance Company, et al., Lyndon Property
                              AN ACT                                         Insurance Co., et al. v. Union Parish Police Jury, et al.,
To appropriate funds out of the General Fund of the state of                 consolidated with Darrell Foster, et al. v. State of Louisiana, et
    Louisiana to be used to pay the consent judgment in the suit             al."; to provide for court costs; and to provide for related
    entitled "Louis Bravo, individually, and for and on behalf of the        matters.
    community of acquets and gains, and Betty Bravo v. Parish of
    Jefferson, Board of Commissioners for the East Jefferson Levee            Reported without amendments.
    District, C."Bud" Taulli Construction Company, Inc., Manual
    Anaya, and the XYZ Insurance Company"; to provide for                HOUSE BILL NO. 1075—
    interest; and to provide for related matters.                             BY REPRESENTATIVES BROOME, MORRELL, AND MURRAY
                                                                                                       AN ACT
     Reported without amendments.                                        To enact R.S. 17:421.9, relative to public school social workers; to
                                                                             provide a salary supplement for certain public school social
HOUSE BILL NO. 891—                                                          workers who have acquired certification by the National
     BY REPRESENTATIVE GALLOT                                                Association of Social Workers; to provide conditions and
                              AN ACT                                         guidelines for receiving the supplement; to provide for payment;
To appropriate funds out of the General Fund of the state of                 to provide limitations; to provide definitions; to provide for
    Louisiana for Fiscal Year 2003-2004 to be used to pay the                effectiveness; and to provide for related matters.
    consent judgment in the suit entitled "Regan Taylor, et al v.
    Rhett B. Price, et al"; and to provide for related matters.               Reported without amendments.
     Reported without amendments.                                        HOUSE BILL NO. 1095—
                                                                              BY REPRESENTATIVE WRIGHT
HOUSE BILL NO. 902—                                                                                   AN ACT
     BY REPRESENTATIVE SCHNEIDER                                         To appropriate funds out of the General Fund of the state of
                              AN ACT                                         Louisiana to be used to pay the consent judgment in the suit
To appropriate funds out of the General Fund of the state of                 entitled "Louis D. Cockerham, Sr. v. State of Louisiana,
    Louisiana for Fiscal Year 2003-2004 to be used to pay the final          Department of Transportation and Development"; to provide for
    judgment in the suit entitled "David P. Lanasa, Clare P. Lanasa,         court costs; and to provide for related matters.
    for/on behalf of the Estate of Debra Ann Lanasa, and her minor
    child, Tommy Jonathan Lanasa v. Michele A. Harrison, Allstate             Reported without amendments.
    Insurance Company, and the State of Louisiana through the
    Department of Transportation and Development, c/w Michele A.         HOUSE BILL NO. 1139—
    Harrison v. State of Louisiana through the Department of                  BY REPRESENTATIVE ERDEY
    Transportation and Development"; to provide for interest; to                                      AN ACT
    provide for court costs; and to provide for related matters.         To appropriate funds out of the General Fund of the state of
                                                                             Louisiana to be used to pay the consent judgment in the suit
     Reported without amendments.                                            entitled "James E. Leonard, et al. v. State of Louisiana through
                                                                             the Dept. of Transportation and Development"; to provide for
HOUSE BILL NO. 934—                                                          costs; and to provide for related matters.
     BY REPRESENTATIVE BROOME
                              AN ACT                                          Reported without amendments.
To appropriate funds out of the General Fund of the state of
    Louisiana for Fiscal Year 2003-2004 to be used to pay the            HOUSE BILL NO. 1176—
    consent judgment in the suit entitled "Latasha Butler,                    BY REPRESENTATIVE DOWNER
    Individually and as Administratrix of the Estate of Her Minor                                     AN ACT
    Children, Tamara Butler and Lexie Butler v. State of Louisiana,      To appropriate funds out of the General Fund of the state of
    through the Department of Transportation and Development"; to            Louisiana to be used to pay the consent judgment in the suit
    provide for an effective date; and to provide for related matters.       entitled "Troy A. Rousse, et al. v. State of Louisiana, through the
                                                                             Department of Transportation and Development, et al."; and to
     Reported without amendments.                                            provide for related matters.
                                                                              Reported without amendments.
Page 104 SENATE                                                                           46th DAY'S PROCEEDINGS
June 20, 2003
HOUSE BILL NO. 1235—                                                        Development, et al"; to pay the consent judgments in "Don
     BY REPRESENTATIVE CAZAYOUX                                             Gross, individually and as natural tutor of his minor children,
                             AN ACT                                         Don Terrell Spears and Adarian Dante Spears, and Mitchell
To enact R.S. 33:4574.1-A(I), relative to the occupancy taxes levied        Dominic v. State of Louisiana, through the Department of
    by certain tourist commissions; to authorize certain tourist            Transportation and Development"; and to provide for related
    commissions to increase such taxes; to provide for an effective         matters.
    date; and to provide for related matters.
                                                                            Reported without amendments.
     Reported without amendments.
                                                                       HOUSE BILL NO. 1281—
HOUSE BILL NO. 1239—                                                        BY REPRESENTATIVE BALDONE
     BY REPRESENTATIVE FRITH                                                                         AN ACT
                             AN ACT                                    To amend and reenact R.S. 13:2586(C)(2) and 2587.1, R.S.
To appropriate funds out of the General Fund of the state of              32:414(A)(3)(a) and (b), and R.S. 30:2522(3), 2531, 2531.5(D),
    Louisiana for Fiscal Year 2003-2004 to be used to pay the             2531.6(A)(2), 2535(E), and 2544(D) and to repeal R.S.
    consent judgment in the suit entitled "Gwendolyn Derouen, Brad        30:2531.2, relative to littering; to provide for definitions; to
    Lee Derouen, Wendy Lynn Guidry and Kurt Lee Derouen v.                prohibit intentional and simple littering; to provide for criminal
    State of Louisiana, Department of Transportation and                  and civil penalties; to provide for special court costs; to provide
    Development"; and to provide for related matters.                     for jurisdiction of justices of the peace; to provide for
                                                                          prosecutorial powers of constables; to provide for enforcement;
     Reported without amendments.                                         to provide for litter receptacles; to provide for litter-free zones;
                                                                          and to provide for related matters.
HOUSE BILL NO. 1247—
     BY REPRESENTATIVE MURRAY                                               Reported without amendments.
                             AN ACT
To appropriate funds out of the General Fund of the state of           HOUSE BILL NO. 1285—
    Louisiana for Fiscal Year 2003-2004 to be used to pay consent           BY REPRESENTATIVE DOWNER
    judgments in the suits against the state entitled "Thelonious                                   AN ACT
    Dukes v. The State of Louisiana Department of Transportation       To appropriate funds out of the General Fund of the state of
    and Development"; "Virginia Serpas v. the State of Louisiana,          Louisiana to be used to pay the amended judgment in the claim
    through the Department of Transportation and Development";             against the state entitled "National Beverage Company v.
    and "Anna Landry v. State of Louisiana through the Department          Secretary, Department of Revenue and Taxation, State of
    of Transportation and Development"; to provide for interest; to        Louisiana"; and to provide for related matters.
    provide for costs; and to provide for related matters.
                                                                            Reported without amendments.
     Reported without amendments.
                                                                       HOUSE BILL NO. 1286—
HOUSE BILL NO. 1248—                                                        BY REPRESENTATIVE DIEZ
     BY REPRESENTATIVES HUTTER AND ODINET                                                            AN ACT
                           AN ACT                                      To amend and reenact R.S. 39:1482(A)(1), relative to state contracts
To appropriate funds out of the General Fund of the state of               for professional, personal, consulting, and social services; to
    Louisiana to be used to pay the consent judgment in the suit           exempt certain consulting service contracts relating to
    entitled "Evelyn Deffes v. State of Louisiana through the              acquisition of rights-of-way from certain requirements related to
    Department of Transportation and Development"; and to provide          consulting contract procurements; to provide for an effective
    for related matters.                                                   date; and to provide for related matters.
     Reported without amendments.                                           Reported without amendments.
HOUSE BILL NO. 1249—                                                   HOUSE BILL NO. 1290—
     BY REPRESENTATIVE ROMERO                                               BY REPRESENTATIVE TOWNSEND
                            AN ACT                                                                   AN ACT
To appropriate funds out of the General Fund of the state of           To appropriate funds out of the General Fund of the state of
    Louisiana to be used to pay the consent judgment in the suit           Louisiana to be used to pay certain judgments against the state;
    entitled "Julaine C. LeBlanc, et al. v. State Farm Insurance           to pay the judgments in the suits entitled "Jonelle Clark v. Julie
    Company, et al."; and to provide for related matters.                  B. Roy, Allstate Insurance Company and State of Louisiana
                                                                           through the Department of Transportation and Development";
     Reported without amendments.                                          "Joe Farley, Jr., Mary Ann Farley Brooks, Rosetta Farley
                                                                           Fontenot, Elma Farley Alexander, Matthew Farley, Mose Farley,
HOUSE BILL NO. 1261—                                                       Henry E. Farley, Brenda Farley, Ollie Mae Farley Bell, and
     BY REPRESENTATIVE DANIEL                                              Robert L. Farley v. State of Louisiana, Department of
                             AN ACT                                        Transportation and Development, et al."; "Lisa M. John v.
To appropriate funds out of the General Fund of the state of               Rodney G. Freeman, Financial Indemnity Insurance, Valerie J.
    Louisiana for Fiscal Year 2003-2004 to be used to pay certain          Hill, Progressive Security Insurance Co., and State of Louisiana,
    judgments against the state; to pay the consent judgment in            through the Department of Transportation and Development";
    "Kasey J. Kidder v. State of Louisiana, through the Department         "Rosemount, Inc. v. Secretary, Department of Revenue, State of
    of Transportation and Development"; to pay the consent                 Louisiana"; "Automatic Switch Company v. John Neely
    judgment in "Louisiana United Businesses Self Insured Fund v.          Kennedy, Secretary, Department of Revenue, State of
    the State of Louisiana, Department of Transportation                   Louisiana"; "Herman H. Boyett et ux v. State of Louisiana,
    consolidated with David L. Blount v. the State of Louisiana,           Etc."; "Joseph Roy Lyons, husband of/and Myra Leger Lyons,
    through the Department of Transportation and Development"; to          individually and on behalf of his minor children, Joseph Roy
    pay the consent judgment in "Patrick Outlaw v. State of                Lyons, Jr. and Andrew Robert Lyons v. State of Louisiana,
    Louisiana, through the Department of Transportation and                through the Department of Transportation and Development,
46th DAY'S PROCEEDINGS                                                                                 Page 105 SENATE
                                                                                                                            June 20, 2003
     Daimler/Chrysler Corporation, Southside Chrysler Corporation,         HOUSE BILL NO. 1369—
     d/b/a North Loop Dodge"; and "Brenda Whirl v. State of                     BY REPRESENTATIVE M. JACKSON
     Louisiana, through the Department of Transportation and                                            AN ACT
     Development, et al"; to provide for interest; to provide for costs;   To appropriate funds out of the General Fund of the state of
     and to provide for related matters.                                       Louisiana for Fiscal Year 2003-2004 to be used to pay consent
                                                                               judgments in the suits against the state entitled "Nakisha Rogers
     Reported without amendments.                                              v. Kenyatta Thomas, Allstate Insurance Company and the State
                                                                               of Louisiana through the Department of Transportation and
HOUSE BILL NO. 1304—                                                           Development"; "Kenyatta Thomas v. the State of Louisiana,
     BY REPRESENTATIVES STELLY, FLAVIN, GUILLORY, JOHNS, AND                   through the Department of Transportation and Development";
     MORRISH AND SENATORS CAIN, MOUNT, AND THEUNISSEN                          and "Wiley Boyett, Elaine Boyett Rachal, Roger Van Boyett and
                              AN ACT                                           Debra Boyett Allen v. Kemper Insurance Group, et al."; to
To amend and reenact R.S. 27:392(B)(2)(b), (3)(b) and (c), (4), and            provide for costs; and to provide for related matters.
    (5), relative to the distribution of revenues derived under the
    Pari-mutuel Live Racing Facility Economic Redevelopment and                 Reported without amendments.
    Gaming Control Act; to provide for the distribution of such
    revenues in Calcasieu Parish; to make certain technical                HOUSE BILL NO. 1461—
    corrections; to provide for an effective date; and to provide for           BY REPRESENTATIVE GARY SMITH
    related matters.                                                                                      AN ACT
                                                                           To appropriate funds out of the General Fund of the state of
     Reported without amendments.                                              Louisiana for Fiscal Year 2003-2004 to be used to pay certain
                                                                               judgments against the state; to pay the consent judgment in the
HOUSE BILL NO. 1314—                                                           suit entitled "Levar Green, et al. v. Department of Transportation
     BY REPRESENTATIVE DEVILLIER                                               and Development, et al."; to pay the consent judgment in the suit
                             AN ACT                                            entitled "John Kolwe and Sheila Kolwe v. State of Louisiana,
To appropriate funds out of the General Fund of the state of                   through the Department of Transportation and Development"; to
    Louisiana to be used to pay certain judgments against the state;           pay the final judgment in "Mathilda Curry v. Mutual Services
    to pay certain judgments against the state; to pay the consent             Casualty Insurance Co., Hung Vu, and Department of
    judgment in the suit entitled "McKinley Thompson v. State of               Transporation and Development, State of Louisiana"; to provide
    Louisiana through the Department of Transportation and                     for interest; to provide for costs; to provide for an effective date;
    Development and East Feliciana Parish Sheriff's Office"; to pay            and to provide for related matters.
    the consent judgment in the suit entitled "Curtis K. Stafford, Jr.,
    Bonnie Bridges Stafford and Kendall R. Stafford v. State Farm               Reported without amendments.
    Mutual Automobile Insurance Company and State of Louisiana,
    through the Department of Transportation and Development"; to          HOUSE BILL NO. 1481—
    pay the consent judgment in the suit entitled "Curtis K. Stafford,          BY REPRESENTATIVE LANCASTER
    Jr., Bonnie Bridges Stafford and Kendall R. Stafford v. State                                        AN ACT
    Farm Mutual Automobile Insurance Company and State of                  To appropriate funds out of the General Fund of the state of
    Louisiana, through the Department of Transportation and                    Louisiana for Fiscal Year 2003-2004 to be used to pay certain
    Development; and to provide for related matters.                           judgments against the state; to pay the consent judgment in the
                                                                               suit entitled "Carl Walther, et al. v. Department of Labor and
     Reported without amendments.                                              Department of State Civil Service"; to pay the consent judgment
                                                                               in the suit entitled "Justin Phillips, et al. v. Elwood Matherne,
HOUSE BILL NO. 1317—                                                           Jr., et al."; to pay the consent judgment in the suit entitled
     BY REPRESENTATIVE BROOME                                                  "Gramercy Insurance Company v. Louisiana Department of
                             AN ACT                                            Economic Development, Louisiana Small Business Bonding
To enact R.S. 17:421.9, relative to public school speech-language              Assistance Program and Hibernia National Bank"; to pay certain
    pathologists and audiologists; to provide a salary supplement for          judgments of the Board of Tax Appeals in the claims of
    certain public school speech-language pathologists and                     "Newpark Environmental Services, Inc. v. State of Louisiana";
    audiologists who have acquired certification by the American               to provide for interest; and to provide for related matters.
    Speech-Language Hearing Association; to provide conditions
    and guidelines for receiving the supplement; to provide                     Reported without amendments.
    limitations; to provide procedures for payment of such
    supplement; to provide definitions; to provide for effectiveness;      HOUSE BILL NO. 1518—
    and to provide for related matters.                                         BY REPRESENTATIVE LANDRIEU
                                                                                                         AN ACT
     Reported without amendments.                                          To appropriate funds out of the General Fund of the state of
                                                                               Louisiana for Fiscal Year 2003-2004 to be used to pay certain
HOUSE BILL NO. 1335—                                                           judgments against the state for fees and costs associated with
     BY REPRESENTATIVE R. CARTER                                               legal representation of certain juveniles; to provide for interest;
                            AN ACT                                             to provide for an effective date; and to provide for related
To appropriate funds out of the General Fund of the state of                   matters.
    Louisiana for Fiscal Year 2003-2004 to be used to pay the
    consent judgment in the suit entitled "Keith E. Ridgel and Tara             Reported without amendments.
    Ridgel v. Emile G. Hardin, ABC Insurance Company, Illinois
    Central Railroad Company d/b/a Canadian National/Illinois              HOUSE BILL NO. 1622—
    Central Railroad, DEF Insurance Company, and the State of                   BY REPRESENTATIVE LAFLEUR
    Louisiana through the Department of Transportation and                                             AN ACT
    Development"; and to provide for related matters.                      To appropriate funds out of the General Fund of the state of
                                                                               Louisiana to be used to pay the consent judgment in the suit
     Reported without amendments.                                              entitled "Derrick Shane Miller v. State of Louisiana through the
                                                                               Department of Transportation and Development and Prairie
Page 106 SENATE                                                                             46th DAY'S PROCEEDINGS
June 20, 2003
     Construction Company"; to provide for costs; to provide for an      HOUSE BILL NO. 1742—
     effective date; and to provide for related matters.                      BY REPRESENTATIVE HUTTER
                                                                                                       AN ACT
     Reported without amendments.                                        To appropriate funds out of the General Fund of the state of
                                                                             Louisiana to be used to pay the consent judgment in the suit
HOUSE BILL NO. 1651—                                                         entitled "Walter Diggs, Jr., husband of/and Mary Diggs v.
     BY REPRESENTATIVE LANDRIEU AND SENATOR JOHNSON                          Louisiana Department of Transportation and Development"; to
                             AN ACT                                          provide for an effective date; and to provide for related matters.
To appropriate funds out of the General Fund of the state of
    Louisiana for Fiscal Year 2003-2004 to be used to pay certain             Reported without amendments.
    judgments against the state; to pay the final judgment in the suit
    entitled "Darlene Rogers and Carol Barnes v. State of Louisiana,     HOUSE BILL NO. 1781—
    through the Department of Transportation and Development"; to             BY REPRESENTATIVES LEBLANC, DEWITT, AND TOWNSEND
    pay the final judgment in the suit entitled "William W. Rosen v.                                   AN ACT
    State of Louisiana through the Department of Transportation and      To appropriate funds to defray the expenses of the Louisiana
    Development, ABC Construction Company, and ABC Insurance                 Judiciary, including the Supreme Court, Courts of Appeal,
    Company"; to pay the consent judgment in the suit entitled               District Courts, Criminal District Court of Orleans Parish, and
    "Michael Perry v. the State of Louisiana, through the                    other courts; to provide for an effective date; and to provide for
    Department of Transportation and Development and Parish of               related matters.
    St. Bernard;" to pay the consent judgment in the suit entitled
    "William Serigne v. State of Louisiana, through the Department            Reported without amendments.
    of Transportation and Development, et al.;" to pay the consent
    judgment in the suit entitled "Jerry L. Fox v. Alton B.              HOUSE BILL NO. 1792—
                                                                              BY REPRESENTATIVE HUDSON
    Honeycutt, et al.;" to pay the consent judgment in "Tina Marie
    Hebert v. Robert Metzler, Barriere Construction Co., Inc., St.                                      AN ACT
    Paul Fire & Marine Insurance Company and Atlanta Casualty            To appropriate funds out of the General Fund of the state of
    Companies"; to provide for interest; to provide for costs; and to        Louisiana for Fiscal Year 2003-2004 to be used to pay certain
    provide for related matters.                                             consent judgments against the state; to pay the consent judgment
                                                                             in the suit entitled "Joseph Powell v. State of Louisiana, through
     Reported without amendments.                                            the Department of Transportation and Development"; to pay the
                                                                             consent judgment in the suit entitled "Nelda Powell v. State of
HOUSE BILL NO. 1654—                                                         Louisiana, through the Department of Transportation and
     BY REPRESENTATIVE LAFLEUR                                               Development"; and to provide for related matters.
                              AN ACT
To appropriate funds out of the General Fund of the state of                  Reported without amendments.
    Louisiana to be used to pay certain judgments against the state;
    to pay the consent judgments in the suits entitled "Kerry Kathryn    HOUSE BILL NO. 1817—
                                                                              BY REPRESENTATIVES ODINET, RICHMOND, AND SWILLING
    Gordon Benoit and Breanna Hope Benoit v. The Hartford
    Casualty Insurance, et al."; "Betty Frady Huddleston v. State of                                    AN ACT
    Louisiana, Department of Transportation and Development;             To amend and reenact R.S. 47:322.38(A)(1) and to enact R.S.
    "Dorothy Calico and Kelly Calico v. Angelo Iafrate, Louisiana            47:322.38(E), relative to the state sales and use tax on hotel
    Department of Transportation and Development, ABC                        occupancy levied in Orleans Parish; to revise the dedication of
    Contracting Company, DEF Insurance Company and XYZ                       a portion of the avails of the tax; to provide for an effective date;
    Insurance Company; "Dale Rice, individually and on behalf of             and to provide for related matters.
    Jonathan T. Rice v. Zulema VA. Miller, Johnny C. Miller, the
    Parish of East Feliciana, the State of Louisiana through the              Reported without amendments.
    Department       of    Transportation      and      Development,
    Transcontinental Pipeline Gas Company and XYZ Insurance              HOUSE BILL NO. 1858—
                                                                              BY REPRESENTATIVES LEBLANC, LAFLEUR, MURRAY, AND WELCH
    Company"; "Linda Rainey, as the tutor of Kody Michel v. State                                     AN ACT
    of Louisiana, Department of Transportation and Development           To enact R.S. 17:419.2, relative to school support personnel; to
    and Department of Public Works; the Parish of St. Tammany;               provide for extra compensation paid by the state for school
    Town of Abita Springs; Wal-Mart, Inc., and XYZ Engineering               support personnel; to provide for the amount to be distributed to
    Company"; and "Pique-Weinstein-Pique-Architects, Inc. v.                 each employee; to provide for an effective date; and to provide
    Louisiana Stadium and Exposition District"; to provide for               for related matters.
    interest; to provide for court costs; to provide for an effective
    date; and to provide for related matters.                                 Reported without amendments.
     Reported without amendments.                                        HOUSE BILL NO. 1873—
                                                                              BY REPRESENTATIVE JOHN SMITH
HOUSE BILL NO. 1673—                                                                                  AN ACT
     BY REPRESENTATIVE LAFLEUR                                           To appropriate funds out of the General Fund of the state of
                            AN ACT                                           Louisiana for Fiscal Year 2003-2004 to be used to pay the
To appropriate funds out of the General Fund of the state of                 consent judgments in the suits entitled "Albert J. Rohlfs and
    Louisiana to be used to pay the consent judgment in the suit             Helen M. Rohlfs v. Great West Casualty Co., et al" and "James
    entitled "Natalie Ortego v. Crowell Lumber Company and St.               Luther, et ux. v. Janie Audra Mason, et al."; and to provide for
    Paul Fire and Marine Insurance Company"; to provide for costs;           related matters.
    to provide for an effective date; and to provide for related
    matters.                                                                  Reported without amendments.
     Reported without amendments.
46th DAY'S PROCEEDINGS                                                                              Page 107 SENATE
                                                                                                                         June 20, 2003
HOUSE BILL NO. 1875—                                                     HOUSE BILL NO. 1996—
     BY REPRESENTATIVES DEWITT, BRUNEAU, LANCASTER, LEBLANC,                  BY REPRESENTATIVE HONEY
     AND HUNTER AND SENATORS HAINKEL, LAMBERT, BARHAM,                                                 AN ACT
     DARDENNE, AND ULLO                                                  To amend and reenact R.S. 40:490(B)(introductory paragraph) and to
                              AN ACT                                         enact R.S. 40:490(C), relative to payments in lieu of taxes; to
To appropriate the sum of Fifty-two Million Nine Hundred Forty               grant certain parishes and municipalities and school boards in
    Thousand One Hundred Twenty-Nine and No/100                              such parishes certain authority relative to payments in lieu of
    ($52,940,129.00) Dollars, or so much thereof as may be                   taxes; to require housing authorities in certain parishes to make
    necessary, out of the state general fund and the sum of Three            payments in lieu of taxes to certain school boards; and to
    Hundred Fifty Thousand and No/100 ($350,000.00) Dollars out              provide for related matters.
    of the state general fund to provide for the Legislative Auditor
    Ancillary Enterprise Fund, and the sum of Eight Million Nine              Reported without amendments.
    Hundred Thirteen Thousand Nine Hundred Eighty-eight and
    No/100 ($8,913,988.00) Dollars out of self-generated funds, to       HOUSE BILL NO. 2021 (Substitute for House Bill No. 1162 by
    defray the expenses of the Louisiana Legislature, including the         Representative Diez)—
    expenses of the House of Representatives and the Senate, of               BY REPRESENTATIVE DIEZ
    legislative service agencies, and of the Louisiana State Law                                      AN ACT
    Institute; to provide with respect to appropriations to certain      To amend and reenact R.S. 32:1(40), 1301, and 1304(A)(1) and (2)
    entities within the Department of Public Safety and Corrections;         and R.S. 47:463(A)(1)(introductory paragraph) and to enact R.S.
    and otherwise to provide with respect to the appropriations and          32:300.1, relative to motor vehicles; to provide relative to the
    allocations herein made.                                                 definition of "motor vehicle"; to include "low-speed vehicles"
                                                                             within the definition of "motor vehicle"; to provide relative to
     Reported without amendments.                                            requirements of "low-speed vehicles"; to exempt "low-speed
                                                                             vehicles" from certain requirements of motor vehicles; and to
HOUSE BILL NO. 1918—                                                         provide for related matters.
     BY REPRESENTATIVE DOWNS
                              AN ACT                                          Reported without amendments.
To amend and reenact R.S. 40:1849(D)(5), relative to the Liquefied
    Petroleum Gas Commission Rainy Day Fund; to provide for use                                                        Respectfully submitted,
    of certain monies in the fund; and to provide for related matters.                                                            RON BEAN
                                                                                                                                     Chairman
     Reported without amendments.
HOUSE BILL NO. 1919—                                                              Adoption of Legislative Bureau Report
     BY REPRESENTATIVE SCHWEGMANN
                             AN ACT                                           On motion of Senator Bean, the Bills and Joint Resolutions were
To amend and reenact R.S. 46:2633(D)(1) and 2634(D)(1), relative         read by title and passed to a third reading.
    to the Traumatic Head and Spinal Cord Injury Trust Fund
    Advisory Board; to provide for use of monies in the Traumatic                  Privilege Report of the Committee on
    Head and Spinal Cord Injury Trust Fund; to provide for                          Senate and Governmental Affairs
    reimbursement of members' necessary travel expenses; and to
    provide for related matters.
                                                                                                ENROLLMENTS
     Reported without amendments.
                                                                             Senator Ullo, Chairman on behalf of the Committee on Senate
HOUSE BILL NO. 1953—                                                     and Governmental Affairs, submitted the following report:
     BY REPRESENTATIVE ARNOLD
                              AN ACT                                                                 June 20, 2003
To appropriate funds out of the General Fund of the state of
    Louisiana for Fiscal Year 2003-2004 to be used to pay the                 To the President and Members of the Senate:
    consent judgments in the suits entitled "Leora Gernados, et al v.
    Toby E. Vallian and the Department of Transportation and                 I am directed by your Committee on Senate and Governmental
    Development" and "Terri C. Gernados v. Toby E. Vallian, et           Affairs to submit the following report:
    al."; and to provide for related matters.
                                                                              The following Senate Bills have been properly enrolled:
     Reported without amendments.
                                                                         SENATE BILL NO. 21—
HOUSE BILL NO. 1983—                                                          BY SENATOR CAIN AND REPRESENTATIVE ILES
     BY REPRESENTATIVE MCDONALD                                                                       AN ACT
                              AN ACT                                     To amend and reenact R.S. 47:302.5, 322.19, and 332.3, relative to
To appropriate funds out of the General Fund of the state of                 the Vernon Parish Legislative Community Improvement Fund;
    Louisiana for Fiscal Year 2003-2004 to be used to pay certain            to provide for the appropriation, administration, distribution,
    judgments against the state; to pay the judgment in the suit             and use of money in the fund; and to provide for related matters.
    entitled "Stuart Hughes Smith, et ux. v. State of Louisiana,
    Department of Transportation and Development et al"; to pay          SENATE BILL NO. 72—
    the judgment in the suit entitled "Marcus Ray Bennett v. Ford             BY SENATOR DUPRE
    Motor Company and State of Louisiana, Department of                                                 AN ACT
    Transportation and Development"; to pay the judgment in the          To amend and reenact R.S. 15:307(B) and to enact R.S. 32:667(I),
    suit entitled "The Estate of Gabriel Taylor Murray, et al v. State       relative to ignition interlock devices; to provide relative to the
    of Louisiana, Department of Transportation and Development";             installation of ignition interlock devices as a requirement of
    and to provide for related matters.                                      probation for operating a vehicle while intoxicated; to prohibit
                                                                             the mail order purchase, lease, or acquisition of such a device;
     Reported without amendments.                                            to provide for definitions; to require the installation of ignition
Page 108 SENATE                                                                              46th DAY'S PROCEEDINGS
June 20, 2003
     interlock devices in vehicles operated by certain persons who        SENATE BILL NO. 295—
     have had their driver's license suspended with regard to an arrest        BY SENATOR DARDENNE
     for operating a vehicle while intoxicated; and to provide for                                      AN ACT
     related matters.                                                     To amend and reenact Code of Criminal Procedure Art. 571.1 and
                                                                              572 and to enact Code of Criminal Procedure Art. 572.1,
SENATE BILL NO. 86—                                                           relative to time limitations of prosecution; to repeal such
     BY SENATORS HINES, CAIN, HOLDEN, HOLLIS, MCPHERSON AND                   limitations on certain offenses under certain conditions; to
     ULLO AND REPRESENTATIVES BALDONE, CAZAYOUX, DOWNER,                      provide for definitions; to provide for retroactive application of
     DURAND, FAUCHEUX, FRITH, FUTRELL, HUDSON, KATZ, KENNEY,                  provisions; and to provide for related matters.
     LEBLANC, MURRAY, NEVERS, PINAC, SALTER, SCALISE, JACK SMITH,
     TRICHE AND WRIGHT
                               AN ACT                                     SENATE BILL NO. 314—
To enact Part LVIII of Chapter 5 of Title 40 of the Louisiana Revised          BY SENATOR SCHEDLER AND REPRESENTATIVES DURAND AND
                                                                               WELCH
     Statutes of 1950, to be comprised of R.S. 40:1300.191 through                                        AN ACT
     1300.201, relative to the Louisiana Seniors Pharmacy Assistance      To amend and reenact R.S. 39:198(D)(3) and 1514(A)(1)(b), relative
     Program; to provide definitions; to create the Louisiana Seniors         to contracts for fiscal intermediary services in processing claims
     Pharmacy Assistance Program; to provide for eligibility,                 of health care providers; to provide for modification of the initial
     services, denial, modification, and suspension or termination of         term of fiscal intermediary contracts; to provide for the option
     services and an appeal procedure and judicial review; to provide         to extend a fiscal intermediary contract for successive twelve-
     for reimbursement and recovery of costs for services provided;           month terms; and to provide for related matters.
     to provide for the powers, duties, and responsibilities of the
     Department of Health and Hospitals including funding; to             SENATE BILL NO. 315—
     provide for annual reporting; to provide for promulgation of              BY SENATOR SCHEDLER
     rules and regulations; to provide for implementation; to provide                                    AN ACT
     for an effective date; and to provide for related matters.           To enact Part III of Chapter 15 of Title 37 of the Louisiana Revised
                                                                              Statutes of 1950, to be comprised of R.S. 37:1331 through 1344,
SENATE BILL NO. 98             (Duplicate of House Bill No. 667)—             relative to the practice of perfusion; to provide for the licensure
     BY SENATOR LENTINI AND REPRESENTATIVE THOMPSON AND                       of qualified medical technicians to practice perfusion; to provide
     COAUTHORED BY REPRESENTATIVES MCDONALD, SCHNEIDER AND
     WALSWORTH                                                                definitions; to create the Advisory Committee on Perfusion and
                               AN ACT                                         provide for its membership and duties; to provide for penalties;
To amend and reenact R.S. 14:63 and to repeal R.S. 14:63.1, 63.2,             to provide for an effective date; and to provide for related
    63.5, 63.6, 63.7, 63.8, 63.9, 63.10, and 63.12, relative to               matters.
    criminal trespass; to provide for the crime of unauthorized entry;
    to provide for penalties; to provide exemptions; to provide for       SENATE BILL NO. 213—
    the limitation of liability of owners, lessees, and custodians; to         BY SENATOR DARDENNE AND REPRESENTATIVES BALDONE,
                                                                               DARTEZ, DOWNER AND PITRE
    delete certain specific types of crimes of trespass; and to provide                        A JOINT RESOLUTION
    for related matters.                                                  Proposing to add Article VII, Section 10.11 of the Constitution of
                                                                              Louisiana, relative to state funds; to create the Louisiana Coastal
SENATE BILL NO. 211—                                                          Restoration Fund in the state treasury; to provide for deposit of
     BY SENATOR BOISSIERE AND REPRESENTATIVE MURRAY
                             AN ACT                                           monies into the fund; to provide for investment and uses of
To enact R.S. 24:802(E), relative to the Louisiana Commission on              monies in the fund; and to specify an election for submission of
    Intergovernmental Relations; to authorize and provide for the             the proposition to electors and provide a ballot proposition.
    establishment of an executive committee of the commission; to
    provide for its functions and duties; and to provide for related      SENATE BILL NO. 318—
                                                                               BY SENATOR ELLINGTON
    matters.                                                                                           AN ACT
                                                                          To amend and reenact Children's Code Arts. 1186(A) and 1190(B),
SENATE BILL NO. 227—                                                          and to enact Children's Code Art. 1190(C), relative to
     BY SENATORS HOLLIS, BAJOIE, CAIN, CRAVINS, DEAN, FONTENOT,
     GAUTREAUX, HINES, HOLDEN, MALONE, MCPHERSON, MICHOT,                     confidentiality of adoption records; to provide for notice to the
     ROMERO AND THOMAS AND REPRESENTATIVE MURRAY                              custodian of certain adoption records prior to an adoption
                              AN ACT                                          records hearing; to provide for fifteen days notice prior to
To enact R.S. 42:851(A)(7), relative to group insurance; to prohibit          hearing; to provide for an exception; and to provide for related
    the state from increasing an employees portion of the total               matters.
    insurance premium to cover deficits; to provide with respect to
    the contribution by the state to cover deficits; and to provide for   SENATE BILL NO. 354—
    related matters.                                                           BY SENATORS MCPHERSON AND CAIN
                                                                                                        AN ACT
SENATE BILL NO. 255—                                                      To amend and reenact R.S. 9:2795.1(A)(2) and (4) and to enact R.S.
     BY SENATOR DARDENNE                                                      9:2795.1(A)(6)(d) and 2795.3, relative to limitations on liability;
                              AN ACT                                          to provide for definitions; to provide for immunity from liability
To amend and reenact Code of Civil Procedure Art. 2031, relative to           for an equine activity sponsor, an equine professional, or other
    revival of judgments; to provide for the revival of money                 person for injuries or death; to provide for exceptions; to require
    judgments by ex parte motion; to remove the requirement of                warning signs; to provide for failure to comply with the warning
    serving the judgment debtor; to provide that notice of signing of         requirement; and to provide for related matters.
    the judgment of revival be sent to the debtor; to provide for
    attorney's fees; to provide for annulment of a judgment revived       SENATE BILL NO. 382            (Duplicate of House Bill No. 1550)—
    by fraud or in error; and to provide for related matters.                  BY SENATORS SCHEDLER AND REPRESENTATIVE WELCH AND
                                                                               COAUTHORED BY SENATOR BAJOIE AND REPRESENTATIVE
                                                                               DURAND
                                                                                                      AN ACT
                                                                          To enact Chapter 8-A of Title 46 of Louisiana Revised Statutes of
                                                                              1950, to be comprised of R.S. 46:978 and 979, relative to health
46th DAY'S PROCEEDINGS                                                                              Page 109 SENATE
                                                                                                                         June 20, 2003
care for the low-income uninsured; to provide for expanding coverage          contribution rate; to provide for an effective date; and to provide
to certain low-income uninsured through Medicaid program waivers;             for related matters.
and to provide for related matters.
                                                                         SENATE BILL NO. 427—
SENATE BILL NO. 398—                                                          BY SENATOR BOISSIERE
     BY SENATORS FONTENOT, IRONS, MOUNT, BAJOIE AND HINES AND                                         AN ACT
     REPRESENTATIVES ALEXANDER, CROWE, HONEY, HUDSON,                    To amend and reenact R.S. 11:822(E), relative to Teachers'
     KENNARD, KENNEY, NEVERS, PEYCHAUD, POWELL, JANE SMITH,                 Retirement System of Louisiana; to provide with respect to
     STELLY AND WINSTON
                             AN ACT                                         election procedures; to provide an effective date; and to provide
To enact R.S. 17:17, relative to physical activity for students; to         for related matters.
    require certain public schools to provide daily physical activity
    for students; and to provide for related matters.                    SENATE BILL NO. 477—
                                                                              BY SENATOR CHAISSON
                                                                                                      AN ACT
SENATE BILL NO. 400—                                                     To enact R.S. 27:301(B)(16) and 302(A)(5)(p), relative to the Video
     BY SENATOR FONTENOT
                             AN ACT                                          Draw Poker Devices Control Law; to provide with respect to
To amend and reenact R.S. 37:1367(A), relative to professions and            video draw poker; to provide for definitions; to provide for
    occupations; to provide with respect to plumbers; to provide for         description and specifications; to provide for authorization of
    a licensed journeyman plumber to supervise three apprentices on          multi-hand games in video draw poker devices located in
    a job; and to provide for related matters.                               Orleans Parish; and to provide for related matters.

SENATE BILL NO. 408—                                                     SENATE BILL NO. 480—
     BY SENATORS GAUTREAUX AND HINES AND REPRESENTATIVES                      BY SENATOR CHAISSON
     FAUCHEUX, MURRAY AND PEYCHAUD                                                                     AN ACT
                           AN ACT                                        To amend and reenact R.S. 15:542.1(H)(1) and 572(B), relative to
To enact R.S. 22:215.24, relative to health insurance; to provide            sex offenses; to provide relative to required registration of sex
    hearing aid coverage for minor children; and to provide for              offenders; to provide that the requirement to register shall apply
    related matters.                                                         to an offender who is pardoned; and to provide for related
                                                                             matters.
SENATE BILL NO. 418—
     BY SENATOR MCPHERSON AND REPRESENTATIVES R. CARTER,                 SENATE BILL NO. 518—
     GALLOT, HEATON AND WELCH                                                 BY SENATOR C. JONES
                             AN ACT                                                                      AN ACT
To enact R.S. 40:2402(4) and 2405(F); relative to Peace Officer          To enact R.S. 15:827.1, relative to criminal procedure; to create the
    Standards and Training Law; to provide with respect to peace             reentry preparation program within the Department of Public
    officer training requirements; to provide for reimbursement of           Safety and Corrections; to require certain personnel at state
    peace officer training by the peace officer; to provide for              correctional facilities; to provide for duties of such personnel; to
    definitions; to provide for time and cost limitations on                 require participation of certain offenders in the reentry
    reimbursement after satisfactory completion of training; and to          preparation program; to require certain instruction areas in such
    provide for related matters.                                             program; to authorize the assistance of public or private
                                                                             organizations for the delivery of such program; to provide
SENATE BILL NO. 424—                                                         relative to distance instruction; to require the promulgation of
     BY SENATOR CHAISSON                                                     rules and guidelines; and to provide for related matters.
                              AN ACT
To enact R.S. 27:302(E) and (F), relative to the Video Draw Poker        SENATE BILL NO. 522—
    Devices Control Law; to provide with respect to description and           BY SENATOR C. JONES
    specifications of devices; to provide for the scheduling of video                                  AN ACT
    poker games with no minimum wager; to provide authorization          To amend and reenact Code of Criminal Procedure Art. 926.1 (A)(1),
    of minimum wagers in video draw poker devices located in                 (H)(3), and (K), relative to post conviction relief; to provide
    Orleans Parish; and to provide for related matters.                      relative to DNA testing; to extend the period of time in which an
                                                                             application for post conviction relief through DNA testing can
SENATE BILL NO. 425—                                                         be made; and to provide for related matters.
     BY SENATOR BOISSIERE
                             AN ACT                                      SENATE BILL NO. 583—
To amend and reenact R.S. 11:447, 448(A), (C), and (D), 449,                  BY SENATOR MARIONNEAUX
    450(B), (D)(3) and (4) and 451, and to enact R.S. 11:450(A)(3)                                      AN ACT
    and (D)(6), 451.1, 451.2, 451.3 and 451.4, relative to the           To amend and reenact R.S. 2:653(A) and 654(B)(introductory
    Louisiana State Employees' Retirement System; to provide for             paragraph), (1), and (9), (H)(introductory paragraph) and (2),
    self-directed investment funds in the Deferred Retirement                and (J) and to enact R.S. 2:654(B)(14), (15), and (16) and (H)(4)
    Option Plan and to alter other provisions of the plan to be              through (8), relative to the Louisiana Airport Authority; to
    compatible with the changes in the plan; to provide for an               provide relative to the territorial boundaries of the such
    effective date; and to provide for related matters.                      authority; to provide for representation from certain parishes on
                                                                             the board of commissioners; to provide for the term of office of
SENATE BILL NO. 426—                                                         each new member; to provide relative to the quorum for the
     BY SENATOR BOISSIERE                                                    board of commissioners; and to provide for related matters.
                               AN ACT
To amend and reenact R.S. 11:1902(11), 1903(H), 1928(B)(1),              SENATE BILL NO. 596—
    1932(A) and (B), and 1976, relative to the Parochial Employees'           BY SENATOR CHAISSON
    Retirement System of Louisiana; to provide with respect to the                                     AN ACT
    method used to calculate overtime; to provide with respect to        To amend and reenact R.S. 13:352(C), relative to judges of courts of
    plans for extending member benefits; to provide with respect to          appeal; to provide for reimbursement to judges of the courts of
    retirees in elected positions; to provide with respect to the mode       appeal for expenses incurred while on official duty; to provide
    of payment options; to provide with respect to employee
Page 110 SENATE                                                                              46th DAY'S PROCEEDINGS
June 20, 2003
     that such reimbursement be payable out of self-generated funds;           public works via certain secure electronic interactive
     and to provide for related matters.                                       environment; to provide for definitions; to provide for
                                                                               development of standards for a secure electronic interactive
SENATE BILL NO. 603—                                                           medium; and to provide for related matters.
     BY SENATOR BOISSIERE
                              AN ACT                                      SENATE BILL NO. 706—
To amend and reenact R.S. 11:1137, relative to the Louisiana School            BY SENATORS IRONS AND MARIONNEAUX AND REPRESENTATIVES
    Employees' Retirement System; to provide with respect to the               BALDONE AND MURRAY
    purchase of service by any active, contributing member of the                                       AN ACT
    retirement system; to establish the procedure for such purchases;     To enact R.S. 17:406.6, relative to parental involvement in schools;
    to provide an effective date; and to provide for related matters.         to provide for the establishment of a demonstration program in
                                                                              local school systems; to provide for the selection of participating
SENATE BILL NO. 607—                                                          schools; to provide for the definition, qualification, selection and
     BY SENATORS HOLDEN, IRONS, MARIONNEAUX AND MOUNT                         duties of an independent parent review board; to provide relative
                               AN ACT                                         to the evaluation of parental involvement programs; to require
To enact Chapter 20-H of Title 17 of the Louisiana Revised Statutes           a report of findings to the State Board of Elementary and
    of 1950, to be comprised of R.S. 17:3050.1 through 3050.4,                Secondary Education; and to provide for related matters.
    relative to establishment of the Grant Opportunity for Youth
    ChalleNGe Skill Training; to establish a program of tuition           SENATE BILL NO. 819—
    assistance for skill and occupational training at a postsecondary          BY SENATOR DARDENNE
    institution for students who graduate from the Louisiana                                           AN ACT
    National Guard's Youth ChalleNGe Program and earn a general           To amend and reenact R.S. 23:1201(F)(introductory paragraph) and
    education diploma; to provide for program eligibility and award           to enact R.S. 23:1201(I) and (J) and to repeal R.S. 23:1121(C)
    limits; to provide continuation requirements for continued                and 1201.2, relative to workers' compensation; to provide for the
    payments; to provide for administration of the program; to                payment of medical benefits; to require certain documentation
    provide for funding; and to provide for related matters.                  of medical treatment; and to provide for related matters.

SENATE BILL NO. 623—                                                      SENATE BILL NO. 821—
     BY SENATOR MICHOT AND REPRESENTATIVES BRUNEAU, FUTRELL,                   BY SENATORS SCHEDLER AND THOMAS AND REPRESENTATIVES
     GALLOT, HUNTER, MURRAY, PITRE AND WALSWORTH                               STRAIN AND WINSTON
                               AN ACT                                                                    AN ACT
To amend and reenact R.S. 24:772(A), relative to reports to the           To amend and reenact R.S. 33:130.401(A), 130.402(A)(1) and (F),
    legislature; to require that e-mail notification of reports be sent       130.403(10), 130.404(A)(1), (B)(1),(2) and(3) and
    to members of the legislature; to require agencies to offer               130.406(B)(2), to enact R.S. 33:130.403 (11), (12), (13), (14),
    publications in an electronic format; and to provide for related          (15), (16), (17), (18), (19), (20), (21), (22), (23), and 130.404
    matters.                                                                  (C), (D), and (E), and to rename Subpart B-17 of Part IV of
                                                                              Chapter 1 of Title 33 of the Louisiana Revised Statutes of 1950,
SENATE BILL NO. 646—                                                          all relative to the St. Tammany Parish Economic and Industrial
     BY SENATOR HEITMEIER AND REPRESENTATIVE MURRAY                           Development District; to provide for the name of the district, its
                              AN ACT                                          powers, and purpose; to provide relative to the membership of
To amend and reenact R.S. 38:2211(A)(6) and 2212(D)(1), relative              the board of commissioners; and to provide for related matters.
    to public contracts; to provide for an exception to the formal bid
    process in the event of an extreme public emergency; and to           SENATE BILL NO. 839—
    provide for related matters.                                               BY   SENATORS JOHNSON,           BARHAM      AND     ULLO     AND
                                                                               REPRESENTATIVE DOWNER
SENATE BILL NO. 666—                                                                                   AN ACT
     BY SENATOR HEITMEIER AND REPRESENTATIVES FAUCHEUX AND                To enact R.S. 49:153.3, relative to the displaying of flags; to
     TOWNSEND                                                                 recognize the flag of the former Republic of Vietnam as the
                             AN ACT                                           official flag to be displayed in the state; and to provide for
To amend and reenact R.S. 22:2002(3) and (6) and to enact R.S.                related matters.
    22:2004.2 and 3018.1, relative to health insurance; to require
    coverage for low protein food products to treat certain diseases      SENATE BILL NO. 842—
    by certain health organizations and self-insured entities; and to          BY SENATOR MCPHERSON AND REPRESENTATIVES CURTIS, DEWITT
                                                                               AND FARRAR
    provide for related matters.
                                                                                                       AN ACT
SENATE BILL NO. 673—                                                      To enact Code of Civil Procedure Art. 4843(J) and 4850.1, relative
     BY SENATOR ULLO AND REPRESENTATIVE BALDONE                               to city court jurisdiction; to provide for an increase in the
                             AN ACT                                           jurisdictional amount for the City Court of Alexandria; and to
To amend and reenact Section 3 of Act No. 666 of the 1997 Regular             provide for related matters.
    Session, as amended by the second Section 2 of Act No. 599 of
    the 1999 Regular Session, and as amended by Section 2 of Act          SENATE BILL NO. 843—
                                                                               BY SENATORS MCPHERSON AND ULLO
    No. 705 of the 2001 Regular Session, and to amend and reenact
    R.S. 56:700.2(A)(4), all relative to the Underwater Obstruction                                  AN ACT
    Removal Fund; to provide for annual deposits into the fund for        To amend and reenact R.S. 45:844.14(A)(1), relative to the
    an additional three years; to provide for a termination date; and        Telephone Solicitation Relief Act of 2001; provides relative to
    to provide for related matters.                                          listing procedures; repeals the five dollar initial listing and
                                                                             renewal charge; and to provide for related matters.
SENATE BILL NO. 688—
     BY SENATOR ULLO
                             AN ACT
To enact R.S. 38:2211(A)(13) and 2212(A)(1)(f), relative to public
    contracts; to provide for the acceptance of bids via electronic
    medium; to authorize political subdivisions to accept bids for
46th DAY'S PROCEEDINGS                                                                                  Page 111 SENATE
                                                                                                                             June 20, 2003
SENATE BILL NO. 844—                                                              certain historic districts as downtown development districts; and
     BY SENATOR ELLINGTON                                                         to provide for related matters.
                              AN ACT
To enact R.S. 9:2801.2, relative to partition of community property;         SENATE BILL NO. 1027—
     to provide for the valuation of goodwill as an asset in the                  BY SENATOR JOHNSON AND REPRESENTATIVE MURRAY
     partition of community property for certain businesses; to                                           AN ACT
     provide for definitions; and to provide for related matters.            To enact R.S. 14:40.4, relative to assault, battery, and related
                                                                                 offenses; to prohibit burning a cross on the property of another
SENATE BILL NO. 866—                                                             or in a public place under certain circumstances; to provide
     BY SENATOR SCHEDLER                                                         penalties; and to provide for related matters.
                               AN ACT
To amend and reenact R.S. 37:3003(B)(1), relative to the State Board         SENATE BILL NO. 1031—
    of Medical Examiners and occupational therapists; to provide                  BY SENATOR ROMERO
    for direct access to the services of occupational therapists; to                                       AN ACT
    eliminate the necessity for a referral to occupational therapy           To amend and reenact R.S. 40:2403(H) and to enact R.S.
    services; to increase the categories of medical professionals who           14:67.16(G) and R.S. 44:3(G), relative to crimes of
    can refer to occupational therapists; and to provide for related            misappropriation without violence; to provide relative to the
    matters.                                                                    crime of identity theft; to provide relative to the investigation of
                                                                                an allegation of such crime; to require such investigation under
SENATE BILL NO. 926—                                                            certain circumstances; to require training of police officers
     BY SENATOR ADLEY                                                           relative to such crime; to require funding prior to the
                               AN ACT                                           implementation of such training; to provide for an effective date
To enact R.S. 42:7.3, relative to meetings of public bodies; to provide         for the implementation of such training; and to provide for
    a procedure for the presentation and consideration of an offer to           related matters.
    sell natural gas to a public body for use in its gas distribution
    system sales to retail customers for a certain term, or to assume        SENATE BILL NO. 1035—
    the operation or acquire the ownership of, a gas utility owned or             BY SENATOR DUPRE
    operated by a public body; and to provide for related matters.                                        AN ACT
                                                                             To amend and reenact R.S. 11:1732(14)(a), relative to the Municipal
SENATE BILL NO. 929             (Duplicate of House Bill No. 1999)—              Employees' Retirement System of Louisiana; to provide with
     BY SENATOR HAINKEL AND REPRESENTATIVE WINSTON                               respect to the definition of employer; to allow employees of
                               AN ACT                                            planning and development commissions to join the retirement
To enact Part XV of Chapter 1 of Code Title XXI of Code Book III                 system; to provide for an effective date; and to provide for
    of Title 9 of the Louisiana Revised Statutes of 1950, to be                  related matters.
    comprised of R.S. 9:4780 through 4785, relative to boats and
    boating; to provide with respect to the “Marina and Boatyard             SENATE BILL NO. 1090—
    Storage Act”; to provide definitions; to provide with respect to              BY SENATOR BAJOIE
    the creation of a privilege on movable property stored in marinas                                      AN ACT
    and boatyards for the payment of rent due and other charges; to          To amend and reenact R.S. 39:1533(A) and to enact Part IX-A of
    provide for exclusions; to provide with respect to notice of                 Chapter 1 of Title 28 of the Louisiana Revised Statutes of 1950,
    privilege; to provide for the enforcement of the privilege by sale           to be comprised of R.S. 28:382.1 and 771(E) and Chapter 16 of
    or other disposition; to provide for an effective date; and to               Title 28 of the Louisiana Revised Statutes of 1950, to be
    provide for related matters.                                                 comprised of R.S. 28:851 through 856, and R.S. 36:254(H) and
                                                                                 258(H), relative to human services; to provide a statewide
SENATE BILL NO. 1010—                                                            framework to govern the delivery of mental health,
     BY SENATOR CHAISSON                                                         developmental disabilities, and addictive disorders services
                               AN ACT                                            funded by appropriations from the state; to create the
To repeal R.S. 17:63, relative to restrictions on certain city, parish, or       Metropolitan Human Services District; to provide for powers,
     other local school board members; to repeal all prohibitions on             duties, and functions of the district; to create a governing board
     members of any city, parish, or other local school board from               and provide for membership, powers, duties, and functions; to
     qualifying or running for another public office without their               provide for the transfer of certain powers, duties, and functions
     school board seat being vacated; and to provide for related                 from the Department of Health and Hospitals to the district; to
     matters.                                                                    provide for the transfer of employees; and to provide for related
                                                                                 matters.
SENATE BILL NO. 1011—
     BY SENATORS MICHOT AND SCHEDLER AND REPRESENTATIVE
     CAZAYOUX                                                                SENATE BILL NO. 1126 (Duplicate of House Bill No. 1958)—
                                                                                  BY SENATOR LENTINI AND REPRESENTATIVE SNEED AND
                               AN ACT                                             COAUTHORED BY REPRESENTATIVES HAMMETT, LANDRIEU,
To amend and reenact R.S. 39:1496.1(A) and (B) and to enact R.S.                  SCALISE AND WALSWORTH
    39:1496.1(E), relative to performance-based energy efficiency                                        AN ACT
    contracts; to provide for the award of such contracts; to provide        To amend and reenact R.S. 51:2453(1)(a)(i)(cc), relative to the
    for audit; to provide for review, approval, and oversight of such            quality jobs program; to provide for the percentage of health
    contracts; and to provide for related matters.                               insurance premium to be paid by the employer for certain
                                                                                 employees in order to qualify under the "Louisiana Quality Jobs
SENATE BILL NO. 1018—                                                            Program Act"; and to provide for related matters.
     BY SENATOR B. JONES AND REPRESENTATIVE DOWNS
                              AN ACT                                                                                       Respectfully submitted,
To enact R.S. 33:2740.55 and 2740.56, relative to municipalities and                                                               CHRIS ULLO
    parishes; to provide for the creation, composition and powers of                                                                     Chairman
    a downtown development district in the city of Ruston; to
    provide for the preparation of plans, levy of special ad valorem             The foregoing Senate Bills were signed by the President of the
    taxes, and issuance of bonds and other instruments of                    Senate.
    indebtedness; to provide with respect to the designation of
Page 112 SENATE                                                                              46th DAY'S PROCEEDINGS
June 20, 2003
                   Message from the House                                 HOUSE BILL NO. 363—
                                                                               BY REPRESENTATIVE SALTER
      SIGNED HOUSE CONCURRENT RESOLUTIONS                                                              AN ACT
                                                                          To amend and reenact R.S. 40:1496.17(D) and 1502.10(A), relative
                            June 20, 2003                                     to fire protection districts; to provide relative to the
                                                                              administration of funds of the Fire Protection District of Red
     To the Honorable President and Members of the Senate:                    River Parish; to provide that the board of commissioners of the
                                                                              district shall administer such funds; to provide for
    I am directed to inform your honorable body that the Speaker of           implementation; to authorize the governing authority of the Fire
the House of Representatives has signed the following House                   Protection District No.1 of Caddo Parish, subject to voter
Concurrent Resolutions:                                                       approval, to establish and collect a service charge or rates of
                                                                              service charges; and to provide for related matters.
HOUSE CONCURRENT RESOLUTION NO. 254—
     BY REPRESENTATIVE MORRISH                                            HOUSE BILL NO. 397—
                                                                               BY REPRESENTATIVE GREEN
                 A CONCURRENT RESOLUTION
To commend Doug Daigle upon thirty-two years of public service on                                        AN ACT
     the police jury of Jefferson Davis Parish.                           To enact R.S. 9:292, relative to name changes; to provide for the use
                                                                              of surnames by married persons; to provide for the use of a
HOUSE CONCURRENT RESOLUTION NO. 255—                                          deceased spouse's surname; to provide for the use of a former
     BY REPRESENTATIVES WELCH AND ALARIO, ALEXANDER, ANSARDI,                 spouse's surname; and to provide for related matters.
     ARNOLD, BALDONE, BAUDOIN, BAYLOR, BEARD, BOWLER, BROOME,
     BRUCE, BRUNEAU, CAPELLA, K. CARTER, R. CARTER, CAZAYOUX,             HOUSE BILL NO. 453—
     CRANE, CROWE, CURTIS, DAMICO, DANIEL, DARTEZ, DEVILLIER,                  BY REPRESENTATIVE HAMMETT
     DEWITT, DIEZ, DOERGE, DOWNER, DOWNS, DURAND, ERDEY,                                               AN ACT
     FANNIN, FARRAR, FAUCHEUX, FLAVIN, FRITH, FRUGE, FUTRELL,
     GALLOT, GLOVER, GREEN, GUILLORY, HAMMETT, HEATON, HEBERT,            To enact R.S. 9:5607, relative to civil liability for damages; to
     HILL, HONEY, HOPKINS, HUDSON, HUNTER, HUTTER, ILES, L.                   provide for peremption of actions for damages against a
     JACKSON, M. JACKSON, JOHNS, KATZ, KENNARD, KENNEY, LAFLEUR,              professional engineer, surveyor, professional interior designer,
     LANCASTER, LANDRIEU, LEBLANC, LUCAS, MARTINY, MCDONALD,
     MCVEA, MONTGOMERY, MORRELL, MORRISH, MURRAY, NEVERS,                     and architect; to provide for a prescriptive period for such
     ODINET, PERKINS, PEYCHAUD, PIERRE, PINAC, PITRE, POWELL,                 actions; to provide for applicability; and to provide for related
     QUEZAIRE, RICHMOND, ROMERO, SALTER, SCALISE, SCHNEIDER,                  matters.
     SCHWEGMANN, SHAW, GARY SMITH, JACK SMITH, JANE SMITH,
     JOHN SMITH, SNEED, STELLY, STRAIN, SWILLING, THOMPSON,
     TOOMY, TOWNSEND, TRICHE, TUCKER, WADDELL, WALKER,                    HOUSE BILL NO. 469—
     WALSWORTH, WINSTON, WOOTON, AND WRIGHT                                    BY REPRESENTATIVES SALTER AND BRUCE
               A CONCURRENT RESOLUTION                                                                 AN ACT
To commend the Louisiana State University Lady Tigers upon                To amend and reenact R.S. 56:643(B)(2), relative to hunting and
    winning the National Collegiate Athletic Association Women's              fishing licenses; to provide for qualifications for a license
    Track and Field Championship.                                             available to state residents on active military duty; and to
                                                                              provide for related matters.
and asked that the President of the Senate affix his signature to the
same.                                                                     HOUSE BILL NO. 633—
                                                                               BY REPRESENTATIVE HUTTER
                                             Respectfully submitted,                                   AN ACT
                                               ALFRED W. SPEER            To enact R.S. 49:170.8, to designate the Creole Tomato as the state
                               Clerk of the House of Representatives          vegetable plant; to designate the sweet potato as the state
                                                                              vegetable; and to provide for related matters.
     The House Concurrent Resolutions contained herein were signed
by the President of the Senate.                                           HOUSE BILL NO. 818—
                                                                               BY REPRESENTATIVE PINAC
                                                                                                         AN ACT
                   Message from the House                                 To amend and reenact R.S. 11:1481(1)(a), relative to the Louisiana
                                                                              Assessors' Retirement Fund; to provide for financing of the
                  SIGNED HOUSE BILLS AND                                      fund; to provide for tax deductions; to provide for the sources of
                     JOINT RESOLUTIONS                                        funding; to provide authority for the fund to make demand on
                                                                              the state treasurer for certain payments; to specify that amounts
                            June 20, 2003                                     due to the fund shall be certified as correct by the legislative
                                                                              auditor; to provide for an effective date; and to provide for
     To the Honorable President and Members of the Senate:                    related matters.
     I am directed to inform your honorable body that the Speaker of      HOUSE BILL NO. 908—
the House of Representatives has signed the following House Bills              BY REPRESENTATIVE SCHNEIDER
and Joint Resolutions:                                                                                   AN ACT
                                                                          To enact R.S. 11:1751.1, relative to the Municipal Employees'
HOUSE BILL NO. 150—                                                           Retirement System of Louisiana; to exempt certain elected
     BY REPRESENTATIVE TUCKER                                                 officials from making contributions to the system and to provide
                             AN ACT                                           that they are ineligible for membership; to provide for employer
To enact R.S. 45:844.4 and 844.8, relative to telephonic solicitations;       contributions; to provide for an effective date; and to provide for
    to provide relative to solicitations to wireless subscribers; to          related matters.
    provide for definitions; to prohibit certain solicitations; to
    provide for responsibility; to provide for investigations and
    penalties; and to provide for related matters.
46th DAY'S PROCEEDINGS                                                                                Page 113 SENATE
                                                                                                                           June 20, 2003
HOUSE BILL NO. 912—                                                       HOUSE BILL NO. 1279—
     BY REPRESENTATIVE SCHNEIDER                                               BY REPRESENTATIVE SCHNEIDER
                             AN ACT                                                                     AN ACT
To enact R.S. 11:1305(D), relative to the State Police Pension and        To amend and reenact R.S. 11:1301, to enact R.S. 11:1336 through
    Retirement System; to provide for the purchase of service credit          1338, to designate R.S. 11:1301 through 1338 as Part I of
    for employment with certain law enforcement agencies; and to              Chapter 4 of Title 11 of the Louisiana Revised Statutes of 1950,
    provide for related matters.                                              and to enact Part II of said Chapter 4, to be comprised of R.S.
                                                                              11:1341 through 1344, relative to the State Police Pension and
HOUSE BILL NO. 913—                                                           Retirement System; to provide for definitions; to create an
     BY REPRESENTATIVE SCHNEIDER                                              excess benefit plan; to provide with respect to qualification of
                             AN ACT                                           the retirement system under Section 401(a) of the Internal
To amend and reenact R.S. 11:1312(H) and 1335, relative to the                Revenue Code; to provide for an effective date; and to provide
    Louisiana State Police Pension and Retirement System; to                  for related matters.
    provide with respect to the conversion of annual leave and sick
    leave upon termination of employment; to provide relative to          HOUSE BILL NO. 1549—
    lump sum payments for leave conversion; to allow deposit of                BY REPRESENTATIVES DEWITT AND JOHNS
    such payments directly into the member's Deferred Retirement                                        AN ACT
    Option Plan account; to provide for placing Deferred Retirement       To amend and reenact R.S. 40:1299.44(C)(5) and (D)(2)(b)(x), (xi),
    Option Plan account balances in liquid asset money market                 and (xii), relative to the Medical Malpractice Act; to provide
    investments; to provide for an effective date; and to provide for         relative to the Patient's Compensation Fund; to provide for
    related matters.                                                          discovery; to provide for jury trials; to provide for the effect of
                                                                              certain provisions; and to provide for related matters.
HOUSE BILL NO. 986—
     BY REPRESENTATIVE MURRAY                                             HOUSE BILL NO. 1591—
                             AN ACT                                            BY REPRESENTATIVES MCDONALD AND THOMPSON
To amend and reenact R.S. 11:163(B) and to enact R.S. 11:163(C),                                         AN ACT
    relative to the Louisiana State Employees' Retirement System;         To enact R.S. 33:2740.55, to create the Bastrop Downtown
    to provide for purchase of service credit for time on leave               Development District; to provide relative to the boundaries and
    without pay; to provide for an effective date; and to provide for         purposes of the district; to provide relative to the governance of
    related matters.                                                          the district; to provide relative to district plans; to authorize the
                                                                              governing authority of the city of Bastrop to levy and collect
HOUSE BILL NO. 998—                                                           taxes and issue bonds on behalf of the district, subject to
     BY REPRESENTATIVES GALLOT AND L. JACKSON                                 approval of district voters; and to provide for related matters.
                              AN ACT
To amend and reenact Code of Civil Procedure Article 966(B),              HOUSE BILL NO. 1598—
    relative to the motion for summary judgment; to provide for                BY REPRESENTATIVE POWELL
    delays for filing; and to provide for related matters.                                             AN ACT
                                                                          To amend and reenact R.S. 34:1959 and to enact R.S. 34:1959.1,
HOUSE BILL NO. 1037—                                                          relative to the South Tangipahoa Parish Port Commission; to
     BY REPRESENTATIVE PINAC                                                  provide relative to the commission's authority; to prohibit the
                               AN ACT                                         authority from levying and collecting ad valorem and special
To amend and reenact R.S. 6:101(A), relative to banking; to provide           taxes under certain circumstances; to require a special election
    for the authority of the commissioner of financial institutions; to       for levy of ad valorem and special taxes in the future; and to
    provide for the authority of the legislature; and to provide for          provide for related matters.
    related matters.
                                                                          HOUSE BILL NO. 1619—
HOUSE BILL NO. 1048—                                                           BY REPRESENTATIVES MORRISH AND NEVERS AND SENATOR
     BY REPRESENTATIVES BROOME AND JOHNS                                       HOLDEN
                            AN ACT                                                                     AN ACT
To amend and reenact R.S. 9:2800.2, relative to social workers,           To enact Chapter 20-B-5 of Title 17 of the Louisiana Revised
    marriage and family therapists, and licensed professional                 Statutes of 1950, to be comprised of R.S. 17:3042.48 through
    counselors; to provide for the limitation of liability of social          3042.53, relative to a guaranteed loan program for certain
    workers, marriage and family therapists, and licensed                     nursing students; to authorize the Louisiana Student Financial
    professional counselors; and to provide for related matters.              Assistance Commission to make loans to certain students
                                                                              enrolled in certain nursing programs; to provide for legislative
HOUSE BILL NO. 1062—                                                          findings and purpose, eligibility requirements, commission rules
     BY REPRESENTATIVES MARTINY, ANSARDI, DAMICO, AND                         and regulations, loan amounts, loan forgiveness, contract
     LANCASTER                                                                requirements, and funding; and to provide for related matters.
                              AN ACT
To amend and reenact R.S. 4:707(A)(introductory paragraph) and (B)        HOUSE BILL NO. 1795—
    through (G), 709(A)(introductory paragraph) and (B), 710, 711,             BY REPRESENTATIVE FUTRELL
    and 713(A) and to enact R.S. 4:706(C) and 707(H) and (I),                                            AN ACT
    relative to the conducting and regulation of charitable gaming;       To amend and reenact R.S. 51:122 and to enact R.S. 51:1421,
    to provide for the licensing and regulation of charitable gaming          relative to monopolies and other business practices; to provide
    by the governing authority of a municipality or parish; to                relative to the capacity of parent entities and wholly owned
    provide for the authority of the governing authority of the               subsidiaries to conspire; to provide for requirements of franchise
    municipality or parish with respect to the regulation of                  agreements; and to provide for related matters.
    charitable gaming; to provide for the regulatory authority of the
    office of charitable gaming, Department of Revenue, in
    relationship to the regulatory authority of the governing
    authority of the municipality or parish with regard to charitable
    gaming; and to provide for related matters.
Page 114 SENATE                                                                             46th DAY'S PROCEEDINGS
June 20, 2003
HOUSE BILL NO. 1797—                                                      and asked that the President of the Senate affix his signature to the
     BY REPRESENTATIVE KENNEY                                             same.
                              AN ACT
To amend and reenact R.S. 3:3105(B) and to enact R.S. 3:3107,                                                         Respectfully submitted,
    relative to the importation of cervid species; to provide for entry                                                 ALFRED W. SPEER
    requirements of cervid species into Louisiana; to provide for                                       Clerk of the House of Representatives
    penalties; to provide for quarantines; and to provide for related
    matters.                                                                   The House Bills and Joint Resolutions contained herein were
                                                                          signed by the President of the Senate.
HOUSE BILL NO. 1800 (Substitute for House Bill No. 1076 by
   Representative Powell)—                                                                      Leaves of Absence
     BY REPRESENTATIVE POWELL
                             AN ACT
To amend and reenact R.S. 34:1951(A) and (B), relative to the South           The following leaves of absence were asked for and granted:
    Tangipahoa Parish Port Commission; to provide for membership
    of the South Tangipahoa Parish Port Commission; and to                Lambert           ½ Day
    provide for related matters.
                                                                                                    Adjournment
HOUSE BILL NO. 1809—
     BY REPRESENTATIVE THOMPSON                                                Senator Smith moved that the Senate adjourn until Saturday,
                              AN ACT                                      June 21, 2003, at 9:00 o'clock A.M.
To enact R.S. 56:1687(11), relative to the office of state parks; to
    authorize the secretary of the Department of Culture, Recreation           The President of the Senate declared the Senate adjourned until
    and Tourism, in consultation with the board of commissioners          9:00 o'clock A.M. on Saturday, June 21, 2003.
    of the Poverty Point Reservoir District, to make, alter, amend,
    and promulgate rules regulating recreational use of such water                                                   MICHAEL S. BAER, III
    bodies; and to provide for related matters.                                                                       Secretary of the Senate
HOUSE BILL NO. 1864—                                                                                                   GAYE F. HAMILTON
     BY REPRESENTATIVE FRITH                                                                                                  Journal Clerk
                             AN ACT
To amend and reenact R.S. 9:3578.6(A)(2), relative to deferred
    presentment and small loan lenders; to prohibit certain activities;
    and to provide for related matters.
HOUSE BILL NO. 1891—
     BY REPRESENTATIVE BALDONE
                            AN ACT
To amend and reenact R.S. 15:542.1(H)(1), relative to registration of
    sex offenders; to provide relative to exceptions of registration
    requirements; and to provide for related matters.
HOUSE BILL NO. 1943—
     BY REPRESENTATIVE LEBLANC AND SENATOR CRAVINS
                              AN ACT
To enact Chapter 31 of Title 48 of the Louisiana Revised Statutes of
    1950, to be comprised of R.S. 48:2091 through 2102, relative to
    the Lafayette Metropolitan Expressway Commission; to create
    and provide relative to the Lafayette Metropolitan Expressway
    Commission; to provide for certain definitions; to provide
    relative to the purpose, powers, jurisdiction, and duties of the
    commission; to establish a board of directors; to provide relative
    to directors; to provide relative to bonds, tolls, and other
    revenue; to provide relative to certain projects, acquisition of
    land, and utilities; to provide relative to public records; to
    provide for the cessation of tolls; to provide for an effective
    date; and to provide for related matters.
HOUSE BILL NO. 1956—
     BY REPRESENTATIVE WELCH
                              AN ACT
To enact R.S. 40:2405.4, relative to peace officers; to require
    applicants for jobs as peace officers to provide a DNA sample
    and fingerprint prior to commencing the discharge of duties as
    a peace officer; to require law enforcement agencies to conduct
    criminal background checks of applicants for the job of peace
    officers; to provide for voluntary testing of currently employed
    peace officers; to provide for the adoption of rules; to provide
    for storage of DNA material and procedures prior to testing; to
    provide for purposes for which the DNA may be tested; to
    provide for alternative samples; to provide for definitions; to
    provide for penalties for unauthorized use of DNA samples; and
    to provide for related matters.