Senate Daily Journal 05-09-2001
Document Sample


OFFICIAL JOURNAL April 2, 2001
OF THE To the Honorable President and Members of the Senate:
SENATE Please be advised that the following individuals have been
OF THE commissioned as Notaries Public for the parishes indicated through
April 2, 2001. In compliance with Article IV, Section 5 (H)(3) of the
STATE OF LOUISIANA Louisiana Constitution of 1974, I do hereby present them for your
_______ review.
SEVENTH DAY'S PROCEEDINGS
_______ Sincerely,
Twenty-Seventh Regular Session of the Legislature M. J. "MIKE" FOSTER, JR.
Under the Adoption of the
Constitution of 1974 ACADIA
_______ Joann Rabalais Myers
6428 Airport Rd.
Senate Chamber Crowley, La 70526
State Capitol
Baton Rouge, Louisiana
ASCENSION
Monday, April 9, 2001 Holly Crochet Sherry P. Denig
223 East Ascension 17228 Fountainbleau Dr.
The Senate was called to order at 4:00 o'clock P.M., by Hon. John Gonzales, La 70737 Prairieville, La 70769
Hainkel, President of the Senate.
ASSUMPTION BOSSIER
ROLL CALL Miriam H. Aucoin Nancy A. Roberts
1006 Bayou Drive P.O. Box 8941
The roll being called, the following members answered to their Pierre Part, La 70339 Bossier City, La 71113
names:
CADDO
PRESENT Melody Grimshaw Kathy D. Strong
P.O. Box 195 7370 S. Noel Drive
Mr. President Fields, C Malone Greenwood, La 71033 Shreveport, La 71107
Bajoie Fontenot Marionneaux
Barham Gautreaux McPherson Angela G. Waltman
Bean Heitmeier Michot 4705 Palmetto Rd., Ste. 2
Boissiere Hines Mount Benton, La 71006
Cain Hollis Romero
Campbell Hoyt Schedler EAST BATON ROUGE
Chaisson Irons Smith Tracy K. Meyer Jordan Barro Monsour
Cravins Johnson Tarver 6513 Perkins Rd. 8555 United Plaza 5th Flr
Dardenne Jones, B Theunissen Baton Rouge, La 70808 Baton Rouge, La 70809
Dean Jones, C Thomas
Dupre Lambert Ullo Claiborne Prescott Tanner
Ellington Lentini 8555 United Plaza Blvd.
Total—38 Baton Rouge, La 70809
ABSENT
GRANT
Fields, W Rachel E. Honeycutt
Total—1 2715 Rockhill Rd.
Colfax, La 71417
The President of the Senate announced there were 38 Senators
present and a quorum. JEFFERSON
Paul Michael Elvir, Jr. Loree Peacock Leboeuf
Prayer 3850 North Causway, Ste. 750 204 N I-10 Service Rd.
E
The prayer was offered by Senator Michot, following which the Metairie, La 70002 Metairie, La 70005
Senate joined in pledging allegiance to the flag of the United States of
America. Randy D. Lovitt
5325 Rebecca Boulevard
Kenner, La 70065
Reading of the Journal
LAFAYETTE
On motion of Senator Michot, the reading of the Journal was Vandana Chaturvedi Pamela J. Nelson
dispensed with and the Journal of yesterday was adopted. 100 Mcdonald St., #16g 2668 Johnston, Ste. C1
Lafayette, La 70506 Lafayette, La 70503
Morning Hour
Sherry Sattler
Messages from the Governor 114 Representative Rd.
Lafayette, La 70508
The following messages from the Governor were received and read
as follows: LAFOURCHE NATCHITOCHES
Lana K. Triche Priscilla R. Gay
State of Louisiana P.O. Box 285 1426 Grace Avenue
Office of the Governor Raceland, La 70394 Natchitoches, La 71457
Baton Rouge
Page 2 SENATE 7th DAY'S PROCEEDINGS
April 9, 2001
ORLEANS VERNON
Anthony J. Johnson Reginald C. Johnson Bryan A. Davis John M. Holliday
14101 Michoud Blvd., #394 650 Poydras St, Ste. 2800 20651 Hwy 111 733 Churchman Rd.
New Orlenas, La 70129 New Orleans, La 70130 Evans, La 70639 Deridder, La 70634
Riguer R. Silva Roxana Tejeda WEBSTER
4902 Canal St, # 201 3209 Annunciation Street Mitzi Jones Hammontree
New Orleans, La 70119 New Orleans, La 70115 801 Cline St.
Minden, La 71055
OUACHITA
Carla Sue Sigler Messages from the House
300 St. John, Rm. 206
Monroe, La 71201 The following Messages from the House were received and read
as follows:
RAPIDES
Stephen J. Caballero Lynton O. Hester, III Message from the House
4001 Jackson St. 3600 Jackson St Ext, Ste 113
Alexandria, La 71301 Alexandria, La 71303
CONCURRING IN
Clinton A. Magoun SENATE CONCURRENT RESOLUTIONS
709 Versailles Blvd. April 9, 2001
Alexandria, La 71315
To the Honorable President and Members of the Senate:
SABINE ST HELENA
Marcella A. Tramel Lesa T. Casey I am directed to inform your honorable body that the House of
P.O. Box 25 3400 Hwy 38 West Representatives has finally concurred in the following Senate
Zwolle, La 71486 Kentwood, La 70444 Concurrent Resolutions:
ST LANDRY SENATE CONCURRENT RESOLUTION NO. 55—
Lakesha Miller Michele Sonnier BY SENATOR IRONS
1460 West Ash Ave. 107 N. Court Street A CONCURRENT RESOLUTION
Eunice, La 70535 Opelousas, La 70570 To proclaim September 16-22, 2001 as "Yellow Ribbon Youth Suicide
Awareness and Prevention Week" in Louisiana.
Phyllis Jo Vail
230 Mill St. Reported without amendments.
Eunice, La 70535
Respectfully submitted,
ST MARTIN ALFRED W. SPEER
Cheramie M. Breaux Elton J. Broussard, III Clerk of the House of Representatives
1101 E. Bridge St. 1090 Daniel Drive
Breaux Bridge, La 70517 St. Martinville, La 70582 Introduction of Senate Bills
Mary L. Guidry Barbara A. Williams and Joint Resolutions
121 Barton Place 1059 Hilda Drive
Breaux Bridge, La 70517 Breaux Bridge, La 70517 Senator Lambert asked for and obtained a suspension of the rules
for the purpose of introducing and reading the following Senate Bills
ST MARY and Joint Resolutions a first and second time and referring them to
Terry D. Gaudet Judy Luke Simoneaux committee.
800 Brashear Ave. P.O. Box 598
Morgan City, La 70380 Franklin, La 70538 SENATE BILL NO. 989—
BY SENATOR MICHOT
AN ACT
ST TAMMANY To enact Subpart F-2 of Part II of Chapter 9 of Title 33 of the Louisiana
Janet Boogaerts Judy A. Dipol Revised Statutes of 1950, to be comprised of R.S. 33:4065.11
4006 Azalea Court 139 East Forest Drive through 4065.14, relative to sewerage disposal districts; to create
Mandeville, La 70448 Slidell, La 70458 the Broussard Environmental Service and Enhancement District
within Lafayette Parish; to provide for the composition, term,
Candice J. Louis Edward S. Rapier, Jr. compensation and quorum of the district; to provide for the
1011 N Causeway Blvd, #18 210 Trinity Lane district's powers and funding; and to provide for related matters.
Mandeville, La 70471 Mandeville, La 70471
On motion of Senator Lambert, the bill was read by title and
Kathleen S. Vix Heather D. Whittington referred to the Committee on Local and Municipal Affairs.
617 Maplewood Drive 516 North Columbia Street
Covington, La 70433 Covington, La 70433 SENATE BILL NO. 990—
BY SENATOR C. JONES
TERREBONNE AN ACT
Bernice C. Begue Ronald J. Guillot, Jr. To enact R.S. 33:2740.51, relative to special taxing districts; to create
1760 W. Main St. 8026 Main St., Ste. 520 the Southside Economic Development District in the City of
Schriever, La 70395-3545 Houma, La 70360 Monroe; and to provide for related matters.
On motion of Senator Lambert, the bill was read by title and
referred to the Committee on Local and Municipal Affairs.
7th DAY'S PROCEEDINGS Page 3 SENATE
April 9, 2001
Introduction of Resolutions, Messages from the House
Senate and Concurrent
The following Messages from the House were received and read
Senator Lambert asked for and obtained a suspension of the rules as follows:
for the purpose of introducing and reading the following Resolutions,
Senate and Concurrent, a first and second time and acting upon them as Message from the House
follows:
ASKING CONCURRENCE IN
SENATE RESOLUTION NO. 10— HOUSE BILLS AND JOINT RESOLUTIONS
BY SENATOR SCHEDLER
A RESOLUTION April 9, 2001
To commend Mr. Mike Stassi of Slidell Junior High School for his
dedication to the public school system and its students and to To the Honorable President and Members of the Senate:
congratulate him upon being named Junior High School Principal
of the Year for the state of Louisiana. I am directed to inform your honorable body that the House of
Representatives has finally passed and asks your concurrence in the
On motion of Senator Schedler, the resolution was read by title and following House Bills and Joint Resolutions:
adopted.
HOUSE BILL NO. 11—
SENATE CONCURRENT RESOLUTION NO. 56— BY REPRESENTATIVE LANDRIEU
BY SENATOR LAMBERT AN ACT
A CONCURRENT RESOLUTION To amend and reenact Code of Criminal Procedure Articles 571, 571.1,
To invite Chief Justice Pascal Calogero of the Louisiana Supreme Court and 572, relative to limitations upon the institution of prosecution;
to address a joint session of the legislature. to provide that there is no time limitation upon the institution of
prosecution for the crime of forcible rape; and to provide for
The resolution was read by title. Senator Lambert moved to adopt related matters.
the Senate Concurrent Resolution.
HOUSE BILL NO. 16—
ROLL CALL BY REPRESENTATIVE BRUNEAU
AN ACT
The roll was called with the following result: To amend and reenact R.S. 18:1300.5, relative to recall petitions; to
provide that a recall petition is a public record and to provide for
YEAS the custodian thereof; and to provide for related matters.
Mr. President Ellington Marionneaux HOUSE BILL NO. 23—
BY REPRESENTATIVE BRUNEAU
Bajoie Fields, C McPherson AN ACT
Barham Heitmeier Michot To amend and reenact R.S. 18:451, relative to the qualifications of
Bean Hines Mount candidates; to provide with regard to residency and domicile
Boissiere Hollis Romero requirements for candidates; and to provide for related matters.
Cain Hoyt Schedler
Campbell Irons Tarver HOUSE BILL NO. 24—
Chaisson Johnson Theunissen BY REPRESENTATIVES STRAIN, E. ALEXANDER, BOWLER, BRUCE,
Cravins Jones, B Thomas BRUNEAU, CLARKSON, CROWE, DANIEL, DIEZ, DOWNER, FARRAR,
Dardenne Jones, C Ullo FLAVIN, FRUGE, FUTRELL, HILL, HUTTER, JOHNS, KENNARD,
LANCASTER, LUCAS, MARTINY, NEVERS, ODINET, POWELL,
Dean Lambert SCHNEIDER, SHAW, JANE SMITH, SNEED, STELLY, SWILLING,
Dupre Lentini THOMPSON, TOOMY, TRICHE, TUCKER, WINSTON, AND WRIGHT AND
Total—34 SENATORS HAINKEL, CHAISSON, DARDENNE, DUPRE, ELLINGTON,
GAUTREAUX, MCPHERSON, MICHOT, MOUNT, SMITH, AND THOMAS
NAYS AN ACT
To amend and reenact R.S. 18:1463(A), (C)(2)(introductory paragraph),
Total—0 and (D) and 1472(A) and to enact R.S. 18:1463(C)(4), relative to
ABSENT election offenses; to prohibit a person from misrepresenting that he
or any committee or organization under his control speaks for or on
Fields, W Gautreaux Smith behalf of any candidate, political party, or any employee or agent
Fontenot Malone thereof; to prohibit willfully and knowingly participating in or
Total—5 conspiring to participate in a plan for any such misrepresentation;
to provide for legal remedy and penalties; to provide for attorney
The Chair declared the Senate had adopted the Senate Concurrent fees for a petitioner who is successful in obtaining injunctive relief;
Resolution and ordered it sent to the House. to provide for the inclusion in the informational packet on election
offenses for candidates of information pertaining to applicable
SENATE CONCURRENT RESOLUTION NO. 57— enforcement procedures; and to provide for related matters.
BY SENATOR SCHEDLER
A CONCURRENT RESOLUTION
To establish the Task Force on Local Funding Certification for state HOUSE BILL NO. 84—
BY REPRESENTATIVE POWELL
match requirements to study and make recommendations AN ACT
regarding resources available to be used as funds for which federal To enact R.S. 22:1475, relative to life and health insurance sales quotas;
matching funds are allowed. to provide for prohibitions against sales quotas; to provide for
insurers; and to provide for related matters.
On motion of Senator Lambert, the resolution was read by title and
referred to the Committee on Finance.
Page 4 SENATE 7th DAY'S PROCEEDINGS
April 9, 2001
HOUSE BILL NO. 239— HOUSE BILL NO. 572—
BY REPRESENTATIVES WADDELL AND BRUNEAU BY REPRESENTATIVE MCCALLUM
AN ACT AN ACT
To amend and reenact R.S. 18:461(A), 463(D), 470(A)(1), 492, and To authorize and provide for the transfer of certain state property in
1472(B) and (D) and to enact R.S. 18:463(A)(1)(c) and (4), Union Parish to the Union Parish Police Jury from the Department
relative to the manner of filing a notice of candidacy; to authorize of Transportation and Development; and to provide for related
a candidate to file in person, by certified mail or commercial matters.
carrier, or by an agent; to prohibit an agent from filing on behalf of
a candidate without the candidate's authorization; to provide HOUSE BILL NO. 619—
penalties; to provide for the dissemination of informational packets BY REPRESENTATIVE FAUCHEUX
and certified copies of notices of candidacy to candidates who do AN ACT
not qualify in person; and to provide for related matters. To authorize and provide for the transfer or lease of certain state
property in St. John the Baptist Parish to the parish council of St.
HOUSE BILL NO. 248— John the Baptist Parish from the Department of Transportation and
BY REPRESENTATIVE BRUNEAU Development; and to provide for related matters.
AN ACT
To enact R.S. 22:1193(J), relative to continuing education credits for HOUSE BILL NO. 656—
insurance agents; to provide for qualified graduate-level national BY REPRESENTATIVE LANCASTER
designation programs; to provide for tests; and to provide for AN ACT
related matters. To amend and reenact R.S. 18:175(D), relative to the registrar of voters
providing a monthly update of the official list of registered voters
HOUSE BILL NO. 315— to the clerk of court; to require that a monthly update of the official
BY REPRESENTATIVES JACK SMITH AND FAUCHEUX list of registered voters be provided by the registrar of voters to the
AN ACT clerk of court at his request and at no charge or remuneration; and
To amend and reenact R.S. 41:1702(F), relative to reclamation of lands to provide for related matters.
lost to erosion; to include construction of a marina in the definition
of reclamation project; and to provide for related matters. HOUSE BILL NO. 752—
BY REPRESENTATIVE DEVILLIER
HOUSE BILL NO. 422— AN ACT
BY REPRESENTATIVE FARRAR To amend and reenact R.S. 14:43(A)(1), relative to simple rape; to
AN ACT provide for simple rape when intoxicating agents or other causes
To enact R.S. 14:67.17 and R.S. 32:414(O), relative to theft of of abnormal conditions of the mind are involved; and to provide for
property; to create the crime of theft of motor vehicle fuel; to related matters.
provide for penalties; to require the Department of Public Safety
and Corrections to suspend the driver's license of the offender; and HOUSE BILL NO. 796—
to provide for related matters. BY REPRESENTATIVES WOOTON, CLARKSON, DOWNER, AND
MCDONALD AND SENATORS HAINKEL AND THEUNISSEN
AN ACT
HOUSE BILL NO. 460— To amend and reenact R.S. 17:3991(B)(1)(a), relative to charter school
BY REPRESENTATIVE CROWE
AN ACT enrollment requirements; to exempt from such requirements
To enact R.S. 18:1333.1, relative to allowing a voter who is a resident certain charter schools established with the mission of meeting the
in an adult residential care facility or an adult residential care home needs of children of military personnel; to provide conditions and
to vote absentee where he resides; to provide for the definition of exceptions; and to provide for related matters.
"adult residential care facility" and "adult residential care home";
to provide for the procedure by which a voter residing in an adult HOUSE BILL NO. 803—
BY REPRESENTATIVES DONELON, ANSARDI, MARTINY, BAYLOR,
residential care facility or adult residential care home becomes BOWLER, CLARKSON AND TUCKER
eligible to vote absentee where he resides; to provide for the AN ACT
removal of a voter residing in an adult residential care facility or To amend and reenact R.S. 22:162(A)(1)(a), 842, and 844(C) and
adult residential care home from the program allowing him to vote (D)(1), to enact R.S. 22:842.2, and to repeal R.S. 22:844(J) and
absentee where he resides; and to provide for related matters. (K), relative to investments by domestic insurers; to provide for
reserve liabilities; to provide for investments and security; to
HOUSE BILL NO. 489— provide for derivatives; to provide for definitions; to provide for
BY REPRESENTATIVE CRANE AND SENATOR THEUNISSEN limits; to provide for regulations; and to provide for related matters.
AN ACT
To enact R.S. 17:1952(B)(10), relative to procedural safeguards with HOUSE BILL NO. 829—
respect to children with exceptionalities; to provide relative to BY REPRESENTATIVES JOHNS AND KENNARD
procedures for hearings and appeals regarding the provision of AN ACT
special education and related services to such children; to provide To amend and reenact R.S. 22:250.12(B)(introductory paragraph) and
certain time limitations for such hearings and appeals; and to to enact R.S. 22:250.12(H), relative to the Louisiana Health Plan;
provide for related matters. to provide relative to eligibility for participation in the state
insurance pool established to comply with the federal Health
HOUSE BILL NO. 566— Insurance Portability and Accountability Act; and to provide for
BY REPRESENTATIVE HOPKINS related matters.
AN ACT
To amend and reenact R.S. 17:87.6, relative to school board property; HOUSE BILL NO. 946—
to require local school boards to maintain, repair, and care for BY REPRESENTATIVE R. ALEXANDER
unused school property until disposal of such property; to provide AN ACT
relative to compliance with certain state and local regulations; and To amend and reenact R.S. 49:191(13) and to repeal R.S.
to provide for related matters. 49:191(11)(b), relative to the Department of Social Services,
including provisions to provide for the re-creation of the
Department of Social Services and the statutory entities made a
part of the department by law; to provide for the effective
7th DAY'S PROCEEDINGS Page 5 SENATE
April 9, 2001
termination date for all statutory authority for the existence of such 3235 as "Larose Link"; to provide for signs; and to provide for
statutory entities; and to provide for related matters. related matters.
HOUSE BILL NO. 947— HOUSE BILL NO. 295—
BY REPRESENTATIVES BROOME, DURAND, ILES, SCHWEGMANN, AND BY REPRESENTATIVE TOWNSEND
WELCH AN ACT
AN ACT To amend and reenact R.S. 34:3269(8), relative to the Cane River
To amend and reenact R.S. 46:237, relative to the Grandparent Subsidy Waterway Commission; to authorize the commission to levy an
Program; to rename the program as the Kinship Care Subsidy annual tax not to exceed six mills for capital outlay and for
Program; to expand the program to include aunts and uncles in maintenance and operation of the waterway; and to provide for
addition to grandparents and step-grandparents; to allow families related matters.
participating in the program up to a year in which to obtain legal
custody or guardianship; and to provide for related matters. HOUSE BILL NO. 243 —
BY REPRESENTATIVES SCALISE AND SWILLING
HOUSE BILL NO. 948— AN ACT
BY REPRESENTATIVE R. ALEXANDER To amend and reenact R.S. 51:293, relative to the Louisiana
AN ACT Superdome; to authorize the transfer of the right to designate and
To repeal Chapter 30 of Title 40 of the Louisiana Revised Statutes of use an alternative name and trademarks for the Louisiana
1950, comprised of R.S. 40:2801 and 2802, relative to long-term Superdome; to require approval of the Joint Legislative Committee
care assistance; repeals the Long-Term Care Assistance Program on the Budget relative to certain transactions; to require certain
administered by the Office of Elderly Affairs. conditions in any agreement to transfer the right to designate and
use an alternative name and trademarks for the Louisiana
HOUSE BILL NO. 961— Superdome; and to provide for related matters.
BY REPRESENTATIVE DIEZ
AN ACT
To authorize and provide for the transfer or lease of certain state HOUSE BILL NO. 301—
BY REPRESENTATIVE DIEZ
property in St. Tammany Parish to the Department of AN ACT
Transportation and Development from the division of To amend and reenact R.S. 49:191(13) and to repeal R.S.
administration; and to provide for related matters. 49:191(11)(f), relative to the Department of Transportation and
Development; to provide for the re-creation of the Department of
HOUSE BILL NO. 964— Transportation and Development and the statutory entities made
BY REPRESENTATIVE DIEZ
AN ACT a part of the department by law; to provide for the effective
To authorize and provide for the transfer or lease of certain state termination date for all statutory authority for the existence of such
property in East Baton Rouge Parish to the Department of statutory entities; and to provide for related matters.
Transportation and Development from the Department of Public
Safety and Corrections; and to provide for related matters. HOUSE BILL NO. 312—
BY REPRESENTATIVE PITRE
AN ACT
HOUSE BILL NO. 55— To enact Section 4(J) of Act No. 113 of the 1950 Regular Session of
BY REPRESENTATIVE DOWNER
AN ACT the Louisiana Legislature, relative to the Bayou Lafourche
To redesignate a portion of Louisiana Highway 311 between St. Charles Freshwater District; to provide for powers of the board of
Avenue and Polk Street, located in Terrebonne Parish, as Veterans commissioners; to authorize the board to develop and implement
Parkway; and to provide for related matters. measures to prevent the intrusion of salt water into the flow of
fresh water; and to provide for related matters.
HOUSE BILL NO. 126—
BY REPRESENTATIVE DIEZ HOUSE BILL NO. 323—
AN ACT BY REPRESENTATIVE POWELL
To amend and reenact R.S. 48:274.3(A)(3), (C), and (D), relative to AN ACT
interstate highways; to provide relative to the placement of major To amend and reenact R.S. 33:3813.2(D), relative to the Tangipahoa
shopping area guide signs; to provide for certain definitions; and to Water District; to provide relative to the terms of office of the
provide for related matters. members of the board of commissioners of the district; and to
provide for related matters.
HOUSE BILL NO. 135—
BY REPRESENTATIVE RICHMOND HOUSE BILL NO. 333—
AN ACT BY REPRESENTATIVES POWELL AND ERDEY
To designate Chef Menteur Highway in Orleans Parish as Chef AN ACT
Menteur Boulevard; and to provide for related matters. To designate Louisiana Highway 43 in Livingston Parish from its
intersection with Louisiana Highway 42, north through the village
HOUSE BILL NO. 182— of Albany, Louisiana, to its intersection with U.S. Highway 190 as
BY REPRESENTATIVE SCHNEIDER Veterans Highway; and to provide for related matters.
AN ACT
To enact R.S. 48:973, relative to the Lake Pontchartrain Causeway HOUSE BILL NO. 478—
Bridge; to provide that retired or disabled firemen and policemen BY REPRESENTATIVE MORRISH
shall have free passage over the bridge; and to provide for related AN ACT
matters. To amend and reenact R.S. 38:1794(A)(2)(a), (B), (F), and (G), relative
to the compensation of members of the boards of commissioners
HOUSE BILL NO. 216— of certain drainage districts; to provide for an increase in the
BY REPRESENTATIVE PITRE maximum per diem of such members; and to provide for related
AN ACT matters.
To designate Louisiana Highway 3162 from Highway 1 to Highway
3235 as "Tarpon Pass"; to designate Louisiana Highway 3161
from Highway 1 to Highway 3235 as "Cote Blanche Connection";
to designate Louisiana Highway 657 from Highway 1 to Highway
Page 6 SENATE 7th DAY'S PROCEEDINGS
April 9, 2001
HOUSE BILL NO. 711— relative to the liability of contractors for certain actions; to provide
BY REPRESENTATIVES CLARKSON AND DOWNER relative to peremptive periods for recovery of damages; to provide
AN ACT relative to a builder's warranty of a home and actions to enforce
To amend and reenact R.S. 36:109(E)(15) and R.S. 37:3391, 3392(9), such warranties; and to provide for related matters.
3394(A), (B)(1)(introductory paragraph), and (H), and 3406(B)
and (D), relative to the Louisiana Real Estate Appraisers State HOUSE BILL NO. 962—
Board of Certification; to remove the board from under the BY REPRESENTATIVE DIEZ
jurisdiction of the Louisiana Real Estate Commission; to revise the AN ACT
name of the board; to change the membership of the board; to To amend and reenact R.S. 47:507, relative to the placement of motor
revise the quorum requirements of the board; and to provide for vehicle license plates; to provide for the placement of permanent
related matters. registration license plates; and to provide for related matters.
HOUSE BILL NO. 720— HOUSE BILL NO. 938—
BY REPRESENTATIVES MCMAINS AND ANSARDI BY REPRESENTATIVE DIEZ
AN ACT AN ACT
To amend and reenact Code of Civil Procedure Articles 1263, 1314, To amend and reenact R.S. 32:412(D)(3), relative to driver's license
1701(B), 1702(A), 1913, 2004, 3612, 4905, and 4922, relative to renewals; to remove the prohibition of renewal by mail or
the continuous revision of the Code of Civil Procedure; to provide electronic commerce of Class "D" or "E" operators' licenses for
for service of process on a partnership in commendam; to provide persons with certain traffic violations; and to provide for related
for service of pleadings by the sheriff; to provide for notice of matters.
judgments; to provide for the award of attorney fees in certain
cases; to provide for the furnishing of a bond in certain appeals; HOUSE BILL NO. 937—
to provide for exceptions; and to provide for related matters. BY REPRESENTATIVE DIEZ
AN ACT
HOUSE BILL NO. 721— To repeal R.S. 40:1321(I)(3) and (4), relative to special identification
BY REPRESENTATIVES MCMAINS AND ANSARDI cards; to remove the late fee for renewal of an expired special
AN ACT identification card by mail or by electronic commerce; and to
To amend and reenact Code of Civil Procedure Article 2166(D) and to remove provisions for the disposition of that fee.
enact Code of Civil Procedure Article 2166(E), relative to the filing
of applications of writs of certiorari to the supreme court; to allow HOUSE BILL NO. 276—
any other party to apply for certiorari within certain delays after the BY REPRESENTATIVE MONTGOMERY
filing of the initial application; and to provide for related matters. AN ACT
To amend and reenact R.S. 4:184(D), relative to racing; to require
HOUSE BILL NO. 722— racing associations to make purses for special accredited Louisiana
BY REPRESENTATIVES MCMAINS, ANSARDI, AND WALSWORTH bred thoroughbred races at least equal to purses for races of
AN ACT comparable quality; and to provide for related matters.
To amend and reenact Code of Civil Procedure Articles 2332 and 2336,
relative to the appraisal and sale of seized property; to provide for HOUSE BILL NO. 256—
the sale of collateral through a writ of fieri facias without appraisal BY REPRESENTATIVES DOWNER, BRUNEAU, CLARKSON, DONELON,
FUTRELL, ILES, MONTGOMERY, GARY SMITH, JANE SMITH, AND JOHN
in an ordinary proceeding under certain circumstances; to provide SMITH AND SENATORS HAINKEL, W. FIELDS, AND THEUNISSEN
exceptions; and to provide for related matters. AN ACT
To amend and reenact R.S. 32:404(C), (D), and (E), relative to drivers'
HOUSE BILL NO. 730— licenses; to provide relative to the authority of certain resident
BY REPRESENTATIVE JOHNS
military personnel to drive in Louisiana without possession of a
AN ACT Louisiana driver's license; and to provide for related matters.
To enact R.S. 47:301(7)(i) and (10)(t), relative to local sales and use
taxes; to exclude the sale, lease, or rental of tangible personal HOUSE BILL NO. 246—
property by a person if such sale, lease, or rental is covered under BY REPRESENTATIVE BOWLER
the provisions of Medicare; and to provide for related matters. AN ACT
To amend and reenact R.S. 32:424, relative to issuance of drivers'
HOUSE BILL NO. 846— licenses; to provide relative to examinations of suspected
BY REPRESENTATIVES MCMAINS AND ANSARDI
incompetents; to prohibit the disclosure of certain information; to
AN ACT provide for certain exceptions; to provide liability for damages for
To amend and reenact R.S. 9:1789, 1891(A), 1932, 1961(C), 2026(2), certain violations; to authorize the release of the identity of the
2030, 2045 and 2088(A) and to enact R.S. 9:1784, relative to the individual making the report under certain circumstances; and to
Louisiana Trust Code; to provide for the removal of a trustee; to provide for related matters.
provide for class trusts; to provide for the donation of property; to
provide for the interest of the income beneficiary; to provide for the HOUSE BILL NO. 196—
termination or modification of a trust; to provide for combination BY REPRESENTATIVE PINAC
and division of trusts; to provide for the delegation of the right to AN ACT
revoke a trust; to provide for accountings; to provide for To amend and reenact R.S. 37:2165(D) and to repeal R.S. 37:2172,
jurisdiction over the trustee; and to provide for related matters. relative to contractors; to provide relative to the membership of the
Residential Building Contractors Subcommittee; to provide relative
HOUSE BILL NO. 1129— to exemptions; to repeal certain provisions relative to penalties; and
BY REPRESENTATIVE PINAC, E. ALEXANDER, BRUCE, CLARKSON, to provide for related matters.
CRANE, CROWE, DAMICO, DANIEL, DIEZ, ERDEY, FLAVIN, FRITH,
FUTRELL, HEATON, JOHNS, KATZ, KENNARD, LANCASTER, LEBLANC,
MCDONALD, MCMAINS, MORRELL, NEVERS, PERKINS, PIERRE, HOUSE BILL NO. 170—
POWELL, SCHNEIDER, SCHWEGMANN, JANE SMITH, SNEED, STRAIN, BY REPRESENTATIVE FAUCHEUX
WALSWORTH, WELCH, WOOTON, AND WINSTON AND SENATORS
FONTENOT, HOYT, SCHEDLER, SMITH, AND THOMAS AN ACT
AN ACT To amend and reenact R.S. 32:429(A), relative to office of motor
To amend and reenact R.S. 9:2771, 2772(A)(introductory paragraph) vehicles field offices; to provide relative to the authorized fee for
and (B), 3144(A)(3), and 3146, relative to contractors; to provide certain transactions at such field offices; to increase the authorized
fee collected by the governing authority of a local governmental
7th DAY'S PROCEEDINGS Page 7 SENATE
April 9, 2001
subdivision for support of local office of motor vehicles field HOUSE BILL NO. 1177—
offices; and to provide for related matters. BY REPRESENTATIVE POWELL
AN ACT
HOUSE BILL NO. 164— To amend and reenact R.S. 40:1843, relative to the Liquefied Petroleum
BY REPRESENTATIVE DIEZ Gas Commission; to increase per diem for members; and to
AN ACT provide for related matters.
To enact R.S. 32:393.2, relative to traffic violations and motor vehicle
accidents; to provide relative to reports of traffic violations and HOUSE BILL NO. 1190—
motor vehicle accidents involving certain persons with federal BY REPRESENTATIVE SCHWEGMANN AND SENATOR BOISSIERE
diplomatic privileges; to require law enforcement officers to report AN ACT
certain violations and accidents to the Department of Public Safety To amend and reenact R.S. 38:336(B)(2)(b), relative to property of the
and Corrections; to require the Department of Public Safety and Orleans Levee District along Lake Pontchartrain; to exempt a
Corrections to report such information to the United States specified piece of property from dedication to use as green space;
Department of State; to provide for certain deadlines; and to to provide for sale or lease of such property; and to provide for
provide for related matters. related matters.
HOUSE BILL NO. 122— HOUSE BILL NO. 1281—
BY REPRESENTATIVE TOWNSEND BY REPRESENTATIVE CLARKSON
AN ACT AN ACT
To amend and reenact R.S. 40:1543, relative to the training and To enact R.S. 37:1447, relative to real estate licensees; to prohibit
certification of firemen at Louisiana State University; to require solicitation of certain referral fees; to prohibit interference with
reciprocity certification when International Fire Service brokerage relationships; to provide for penalties; and to provide for
Accreditation Congress accreditation standards are met; and to related matters.
provide for related matters.
HOUSE BILL NO. 1399—
BY REPRESENTATIVES LANCASTER AND MONTGOMERY
HOUSE BILL NO. 292— AN ACT
BY REPRESENTATIVE MONTGOMERY
AN ACT To enact R.S. 47:299.2(1)(a)(vii) and 299.11(9), relative to offset
To amend and reenact R.S. 4:179.2, relative to horse racing; to provide claims against individual income tax refunds; to authorize the
relative to horsemen's organizations; and to provide for related Louisiana Board of Ethics to file such claim; to provide for an
matters. effective date; and to provide for related matters.
HOUSE BILL NO. 63— HOUSE BILL NO. 1526—
BY REPRESENTATIVE MARTINY BY REPRESENTATIVE MCMAINS
AN ACT AN ACT
To amend and reenact R.S. 27:306(A)(5)(b) and to repeal R.S. To amend and reenact R.S. 9:5161, relative to mortgages; to provide for
27:306(A)(5)(d), relative to the Video Draw Poker Devices the cancellation of mortgages; to provide for the reinscription of
Control Law; to authorize the leasing or subleasing of fuel facilities mortgages; to provide for prescription of reinscription; to provide
at qualified truck stop facilities; and to provide for related matters. for the effects of reinscription; and to provide for related matters.
HOUSE BILL NO. 1781— HOUSE BILL NO. 1742—
BY REPRESENTATIVE TOWNSEND BY REPRESENTATIVE CLARKSON
AN ACT AN ACT
To amend and reenact R.S. 23:540, relative to the inspection of hot To amend and reenact R.S. 37:1437(C)(2)(a) and (5)(a) and 1466(H),
water heaters; to exempt from inspection hot water heaters located relative to the Louisiana Real Estate Commission; to provide with
in privately owned or rented homes or apartments; and to provide respect to licensure requirements for real estate brokers and
for related matters. salespersons; to provide for certain insurance coverage on certain
licensees of the commission; and to provide for related matters.
HOUSE BILL NO. 896—
BY REPRESENTATIVES JOHNS AND THOMPSON HOUSE BILL NO. 1794—
AN ACT BY REPRESENTATIVE LEBLANC
To amend and reenact R.S. 47:304(F), relative to the state sales and use AN ACT
tax; to permit a dealer to absorb the tax under certain To appropriate funds from the State General Fund to the State
circumstances; to provide for an effective date; and to provide for Employees' Group Benefits Program for the Fiscal Year 2000-
related matters. 2001; and to provide for related matters.
HOUSE BILL NO. 923— HOUSE BILL NO. 1095—
BY REPRESENTATIVES PINAC AND DANIEL BY REPRESENTATIVE CLARKSON
AN ACT AN ACT
To amend and reenact R.S. 47:303(B)(7), relative to the sales and use To enact R.S. 37:1469, relative to real estate; to require contracts of sale
tax; to provide for the responsibility for collection and remittance or lease to contain certain notices; to provide for prospective
of the tax with regard to a motor vehicle lease agreement; and to application; and to provide for related matters.
provide for related matters.
HOUSE BILL NO. 1170—
BY REPRESENTATIVE FUTRELL
HOUSE BILL NO. 993— AN ACT
BY REPRESENTATIVES HAMMETT AND DANIEL
AN ACT To amend and reenact R.S. 32:393(C)(2) and (3), relative to traffic and
To amend and reenact R.S. 39:128(B)(1), relative to capital outlay parking violations; to remove prohibition of certain agencies
budget execution; to exempt from inclusion in the capital outlay reporting unpaid fines for traffic and parking violations to credit
budget certain projects for certain higher education institutions; to information agencies; to remove prohibition of certain agencies
provide for an effective date; and to provide for related matters. from entering into contracts to provide records of unpaid traffic
and parking fines to credit information agencies; to authorize
certain agencies to contract with consumer reporting agencies for
Page 8 SENATE 7th DAY'S PROCEEDINGS
April 9, 2001
certain services; to remove penalties relative to disclosure of certain HOUSE BILL NO. 175—
information; to limit the information contained in consumer reports BY REPRESENTATIVES ILES, E. ALEXANDER, ANSARDI, BAUDOIN,
BROOME, CAZAYOUX, DURAND, FRITH, LAFLEUR, MORRELL, GARY
for unpaid traffic fines; and to provide for related matters. SMITH, AND JANE SMITH AND SENATORS CAMPBELL, DUPRE, HOLLIS,
AND MOUNT
HOUSE BILL NO. 1657— AN ACT
BY REPRESENTATIVE FUTRELL To enact Chapter 8-H of Title 45 of the Louisiana Revised Statutes of
AN ACT 1950, to be comprised of R.S. 45:844.11 through 844.15, relative
To amend and reenact R.S. 48:381.2(B)(1) and to enact R.S. to telephone solicitation; to provide for a "do not call" listing of
48:381.2(G), relative to rights-of-way; to require approval of residential telephone subscribers; to provide for listing procedures;
certain rights-of-way permits; to provide relative to an annual to prohibit certain acts; to provide for notification; to provide for
report by the secretary; and to provide for related matters. penalties for violations; and to provide for related matters.
HOUSE BILL NO. 679— HOUSE BILL NO. 278—
BY REPRESENTATIVES MCMAINS, WALSWORTH, AND CLARKSON BY REPRESENTATIVE MONTGOMERY
AN ACT AN ACT
To amend and reenact all of Chapter 9 of Title 10 of the Louisiana To amend and reenact R.S. 37:2160(A)(1), 2163(A)(1), (2), (4), and (5)
Revised Statutes of 1950, heretofore comprised of Parts 1 through and (B), 2167(A), and 2171 and to enact R.S. 37:2167.1 and
6 and consisting of R.S. 10:9-101 through 9-605, to be comprised 2171.1, relative to contractors; to provide relative to prohibited
of Parts 1 through 7 and consisting of R.S. 10:9-101 through 9- activities; to provide relative to bid procedures; to provide for
710, to amend and reenact R.S. 3:207 and 3652(14), R.S. inactive licenses; to provide for inspection of certain building
6:312(E) and 664(E), R.S. 9:3306(26), 3342(B), 4865(A)(2), permits; and to provide for related matters.
4870(B)(3), 4888(B)(4), 5001(A), 5551(A) and (C), R.S. 10:1-
105(2)(e), 1-201(9),(32), and (37), R.S. 10:4-210(c)(1), R.S. HOUSE BILL NO. 358—
10:7-503(1), R.S. 10:8-103(f), 8-106(d) and (f), 8-110(e), 8- BY REPRESENTATIVES TRICHE AND DOWNER
301(a), 8-302(a), and 8-510, R.S. 12:702(A) and (B), R.S. AN ACT
23:1546(A), R.S. 32:708(B)(2)(b), 710, and 728(9), R.S. To amend and reenact R.S. 32:666(A)(introductory paragraph) and
37:218(A), R.S. 39:1421(2), R.S. 40:2601(1), R.S. 46:236.16(A), 667(B)(4), relative to traffic accidents; to require chemical tests to
and Code of Civil Procedure Articles 2721(C) and 2725(B); to be given in certain traffic accidents; to require suspension of a
enact R.S. 10:5-118 and R.S. 39:1430.1; to repeal R.S. 9:2737, driver's license in certain circumstances; and to provide for related
3101 through 3112, 4321 through 4391, 4421, and 5351 through matters.
5373, R.S. 12:704, and R.S. 32:704(B), all relative to secured
transactions under Louisiana Commercial Laws; to revise the HOUSE BILL NO. 610—
entirety of Chapter 9 to conform to revisions in the Uniform BY REPRESENTATIVE DOWNER
Commercial Code; to provide for definitions and general concepts; AN ACT
to provide for applicability; to provide for effectiveness of security To amend and reenact R.S. 32:125, relative to motor vehicles; to
agreements and attachment of security interests; to provide for provide for the operation of vehicles when approaching a parked
perfection and priority of security interests; to provide for rights of emergency vehicle; and to provide for related matters.
a bank and of third parties; to provide for duties and operation of
filing offices; to provide for uniform form of financing statements HOUSE BILL NO. 628—
BY REPRESENTATIVE HUDSON
and amendments; to provide for fees; to provide for maintenance AN ACT
and destruction of records; to provide for default and enforcement To enact R.S. 32:216(C) and (D), relative to pedestrians on highways;
of security interests; to provide for contents and form of to prohibit pedestrians from crossing interstate highways; to
notification before disposition of collateral; to provide relative to provide relative to penalties for certain violations; and to provide
remedies for noncompliance; to provide for additional default for related matters.
remedies; to provide for transitional provisions; to provide for
territorial application of Title 10; to define buyer in the ordinary HOUSE BILL NO. 1438—
course of business, purchase, and security interest; to provide BY REPRESENTATIVE PINAC AND SENATOR HOLLIS
relative to the security interest of collecting bank; to provide for the AN ACT
security interest of issuer or nominated person; to provide for To amend and reenact R.S. 51:651, 652(A), 653(A), 654, 655(A), and
document of title to goods defeated in certain cases; to provide for 656(C)(1)(f) and to enact R.S. 51:652(C), relative to fireworks; to
the effects of a commodity contract; to provide for determination provide conformity with federal classifications of fireworks; to
of control of a security entitlement; to provide for determination of impose penalties for the illegal sale of impermissible fireworks
a securities intermediary's jurisdiction and when possession occurs; within the state; to prohibit igniting fireworks within one thousand
to provide for rights of purchaser in certain cases; to provide for feet of a fireworks retail location; to impose a penalty for the
conforming amendments; to repeal provisions relative to the unlawful discharge of a fireworks from a motor vehicle; to require
schedule of fees; to repeal provisions relative to the assignment of a work permit for anyone under the age of eighteen to work at a
accounts receivable; to repeal provisions relative to certain firework retail location; and to provide for related matters.
incorporeal rights and securitized financings; to repeal provisions
relative to crop pledges; to repeal provisions relative to the pledge Respectfully submitted,
or assignment of secured instruments; to repeal provisions relative ALFRED W. SPEER
to chattel mortgages; to repeal provisions relative to the mortgage Clerk of the House of Representatives
of movables used in commercial or industrial activity; to repeal
provisions relative to certain mortgages executed by corporations House Bills and Joint Resolutions
operating natural gas pipelines; to repeal provisions relative to the
sale and chattel mortgaging of vehicles; and to provide for related Senator Lambert asked for and obtained a suspension of the rules
matters. to take up at this time the following House Bills and Joint Resolutions
just received from the House of Representatives with the view of acting
on the same:
7th DAY'S PROCEEDINGS Page 9 SENATE
April 9, 2001
HOUSE BILL NO. 11— HOUSE BILL NO. 84—
BY REPRESENTATIVE LANDRIEU BY REPRESENTATIVE POWELL
AN ACT AN ACT
To amend and reenact Code of Criminal Procedure Articles 571, 571.1, To enact R.S. 22:1475, relative to life and health insurance sales quotas;
and 572, relative to limitations upon the institution of prosecution; to provide for prohibitions against sales quotas; to provide for
to provide that there is no time limitation upon the institution of insurers; and to provide for related matters.
prosecution for the crime of forcible rape; and to provide for
related matters. The bill was read by title; lies over under the rules.
The bill was read by title; lies over under the rules. HOUSE BILL NO. 122—
BY REPRESENTATIVE TOWNSEND
HOUSE BILL NO. 16— AN ACT
BY REPRESENTATIVE BRUNEAU To amend and reenact R.S. 40:1543, relative to the training and
AN ACT certification of firemen at Louisiana State University; to require
To amend and reenact R.S. 18:1300.5, relative to recall petitions; to reciprocity certification when International Fire Service
provide that a recall petition is a public record and to provide for Accreditation Congress accreditation standards are met; and to
the custodian thereof; and to provide for related matters. provide for related matters.
The bill was read by title; lies over under the rules. The bill was read by title; lies over under the rules.
HOUSE BILL NO. 23— HOUSE BILL NO. 126—
BY REPRESENTATIVE BRUNEAU BY REPRESENTATIVE DIEZ
AN ACT AN ACT
To amend and reenact R.S. 18:451, relative to the qualifications of To amend and reenact R.S. 48:274.3(A)(3), (C), and (D), relative to
candidates; to provide with regard to residency and domicile interstate highways; to provide relative to the placement of major
requirements for candidates; and to provide for related matters. shopping area guide signs; to provide for certain definitions; and to
provide for related matters.
The bill was read by title; lies over under the rules.
The bill was read by title; lies over under the rules.
HOUSE BILL NO. 24—
BY REPRESENTATIVES STRAIN, E. ALEXANDER, BOWLER, BRUCE, HOUSE BILL NO. 135—
BRUNEAU, CLARKSON, CROWE, DANIEL, DIEZ, DOWNER, FARRAR, BY REPRESENTATIVE RICHMOND
FLAVIN, FRUGE, FUTRELL, HILL, HUTTER, JOHNS, KENNARD,
LANCASTER, LUCAS, MARTINY, NEVERS, ODINET, POWELL, AN ACT
SCHNEIDER, SHAW, JANE SMITH, SNEED, STELLY, SWILLING, To designate Chef Menteur Highway in Orleans Parish as Chef
THOMPSON, TOOMY, TRICHE, TUCKER, WINSTON, AND WRIGHT AND Menteur Boulevard; and to provide for related matters.
SENATORS HAINKEL, CHAISSON, DARDENNE, DUPRE, ELLINGTON,
GAUTREAUX, MCPHERSON, MICHOT, MOUNT, SMITH, AND THOMAS
AN ACT The bill was read by title; lies over under the rules.
To amend and reenact R.S. 18:1463(A), (C)(2)(introductory paragraph),
and (D) and 1472(A) and to enact R.S. 18:1463(C)(4), relative to HOUSE BILL NO. 164—
election offenses; to prohibit a person from misrepresenting that he BY REPRESENTATIVE DIEZ
or any committee or organization under his control speaks for or on AN ACT
behalf of any candidate, political party, or any employee or agent To enact R.S. 32:393.2, relative to traffic violations and motor vehicle
thereof; to prohibit willfully and knowingly participating in or accidents; to provide relative to reports of traffic violations and
conspiring to participate in a plan for any such misrepresentation; motor vehicle accidents involving certain persons with federal
to provide for legal remedy and penalties; to provide for attorney diplomatic privileges; to require law enforcement officers to report
fees for a petitioner who is successful in obtaining injunctive relief; certain violations and accidents to the Department of Public Safety
to provide for the inclusion in the informational packet on election and Corrections; to require the Department of Public Safety and
offenses for candidates of information pertaining to applicable Corrections to report such information to the United States
enforcement procedures; and to provide for related matters. Department of State; to provide for certain deadlines; and to
provide for related matters.
The bill was read by title; lies over under the rules.
The bill was read by title; lies over under the rules.
HOUSE BILL NO. 55—
BY REPRESENTATIVE DOWNER HOUSE BILL NO. 170—
AN ACT BY REPRESENTATIVE FAUCHEUX
To redesignate a portion of Louisiana Highway 311 between St. Charles AN ACT
Avenue and Polk Street, located in Terrebonne Parish, as Veterans To amend and reenact R.S. 32:429(A), relative to office of motor
Parkway; and to provide for related matters. vehicles field offices; to provide relative to the authorized fee for
certain transactions at such field offices; to increase the authorized
The bill was read by title; lies over under the rules. fee collected by the governing authority of a local governmental
subdivision for support of local office of motor vehicles field
HOUSE BILL NO. 63— offices; and to provide for related matters.
BY REPRESENTATIVE MARTINY
AN ACT The bill was read by title; lies over under the rules.
To amend and reenact R.S. 27:306(A)(5)(b) and to repeal R.S.
27:306(A)(5)(d), relative to the Video Draw Poker Devices HOUSE BILL NO. 175—
Control Law; to authorize the leasing or subleasing of fuel facilities BY REPRESENTATIVES ILES, E. ALEXANDER, ANSARDI, BAUDOIN,
BROOME, CAZAYOUX, DURAND, FRITH, LAFLEUR, MORRELL, GARY
at qualified truck stop facilities; and to provide for related matters. SMITH, AND JANE SMITH AND SENATORS CAMPBELL, DUPRE, HOLLIS,
AND MOUNT
The bill was read by title; lies over under the rules. AN ACT
To enact Chapter 8-H of Title 45 of the Louisiana Revised Statutes of
1950, to be comprised of R.S. 45:844.11 through 844.15, relative
to telephone solicitation; to provide for a "do not call" listing of
Page 10 SENATE 7th DAY'S PROCEEDINGS
April 9, 2001
residential telephone subscribers; to provide for listing procedures; HOUSE BILL NO. 246—
to prohibit certain acts; to provide for notification; to provide for BY REPRESENTATIVE BOWLER
penalties for violations; and to provide for related matters. AN ACT
To amend and reenact R.S. 32:424, relative to issuance of drivers'
The bill was read by title; lies over under the rules. licenses; to provide relative to examinations of suspected
incompetents; to prohibit the disclosure of certain information; to
HOUSE BILL NO. 182— provide for certain exceptions; to provide liability for damages for
BY REPRESENTATIVE SCHNEIDER certain violations; to authorize the release of the identity of the
AN ACT individual making the report under certain circumstances; and to
To enact R.S. 48:973, relative to the Lake Pontchartrain Causeway provide for related matters.
Bridge; to provide that retired or disabled firemen and policemen
shall have free passage over the bridge; and to provide for related The bill was read by title; lies over under the rules.
matters.
HOUSE BILL NO. 248—
The bill was read by title; lies over under the rules. BY REPRESENTATIVE BRUNEAU
AN ACT
HOUSE BILL NO. 196— To enact R.S. 22:1193(J), relative to continuing education credits for
BY REPRESENTATIVE PINAC insurance agents; to provide for qualified graduate-level national
AN ACT designation programs; to provide for tests; and to provide for
To amend and reenact R.S. 37:2165(D) and to repeal R.S. 37:2172, related matters.
relative to contractors; to provide relative to the membership of the
Residential Building Contractors Subcommittee; to provide relative The bill was read by title; lies over under the rules.
to exemptions; to repeal certain provisions relative to penalties; and
to provide for related matters. HOUSE BILL NO. 256—
BY REPRESENTATIVES DOWNER, BRUNEAU, CLARKSON, DONELON,
FUTRELL, ILES, MONTGOMERY, GARY SMITH, JANE SMITH, AND JOHN
The bill was read by title; lies over under the rules. SMITH AND SENATORS HAINKEL, W. FIELDS, AND THEUNISSEN
AN ACT
HOUSE BILL NO. 216— To amend and reenact R.S. 32:404(C), (D), and (E), relative to drivers'
BY REPRESENTATIVE PITRE licenses; to provide relative to the authority of certain resident
AN ACT military personnel to drive in Louisiana without possession of a
To designate Louisiana Highway 3162 from Highway 1 to Highway Louisiana driver's license; and to provide for related matters.
3235 as "Tarpon Pass"; to designate Louisiana Highway 3161
from Highway 1 to Highway 3235 as "Cote Blanche Connection"; The bill was read by title; lies over under the rules.
to designate Louisiana Highway 657 from Highway 1 to Highway
3235 as "Larose Link"; to provide for signs; and to provide for HOUSE BILL NO. 276—
related matters. BY REPRESENTATIVE MONTGOMERY
AN ACT
The bill was read by title; lies over under the rules. To amend and reenact R.S. 4:184(D), relative to racing; to require
racing associations to make purses for special accredited Louisiana
HOUSE BILL NO. 239— bred thoroughbred races at least equal to purses for races of
BY REPRESENTATIVES WADDELL AND BRUNEAU comparable quality; and to provide for related matters.
AN ACT
To amend and reenact R.S. 18:461(A), 463(D), 470(A)(1), 492, and The bill was read by title; lies over under the rules.
1472(B) and (D) and to enact R.S. 18:463(A)(1)(c) and (4),
relative to the manner of filing a notice of candidacy; to authorize HOUSE BILL NO. 278—
a candidate to file in person, by certified mail or commercial BY REPRESENTATIVE MONTGOMERY
carrier, or by an agent; to prohibit an agent from filing on behalf of AN ACT
a candidate without the candidate's authorization; to provide To amend and reenact R.S. 37:2160(A)(1), 2163(A)(1), (2), (4), and (5)
penalties; to provide for the dissemination of informational packets and (B), 2167(A), and 2171 and to enact R.S. 37:2167.1 and
and certified copies of notices of candidacy to candidates who do 2171.1, relative to contractors; to provide relative to prohibited
not qualify in person; and to provide for related matters. activities; to provide relative to bid procedures; to provide for
inactive licenses; to provide for inspection of certain building
The bill was read by title; lies over under the rules. permits; and to provide for related matters.
HOUSE BILL NO. 243 — The bill was read by title; lies over under the rules.
BY REPRESENTATIVES SCALISE AND SWILLING
AN ACT HOUSE BILL NO. 292—
To amend and reenact R.S. 51:293, relative to the Louisiana BY REPRESENTATIVE MONTGOMERY
Superdome; to authorize the transfer of the right to designate and AN ACT
use an alternative name and trademarks for the Louisiana To amend and reenact R.S. 4:179.2, relative to horse racing; to provide
Superdome; to require approval of the Joint Legislative Committee relative to horsemen's organizations; and to provide for related
on the Budget relative to certain transactions; to require certain matters.
conditions in any agreement to transfer the right to designate and
use an alternative name and trademarks for the Louisiana The bill was read by title; lies over under the rules.
Superdome; and to provide for related matters.
HOUSE BILL NO. 295—
The bill was read by title; lies over under the rules. BY REPRESENTATIVE TOWNSEND
AN ACT
To amend and reenact R.S. 34:3269(8), relative to the Cane River
Waterway Commission; to authorize the commission to levy an
annual tax not to exceed six mills for capital outlay and for
7th DAY'S PROCEEDINGS Page 11 SENATE
April 9, 2001
maintenance and operation of the waterway; and to provide for HOUSE BILL NO. 422—
related matters. BY REPRESENTATIVE FARRAR
AN ACT
The bill was read by title; lies over under the rules. To enact R.S. 14:67.17 and R.S. 32:414(O), relative to theft of
property; to create the crime of theft of motor vehicle fuel; to
HOUSE BILL NO. 301— provide for penalties; to require the Department of Public Safety
BY REPRESENTATIVE DIEZ and Corrections to suspend the driver's license of the offender; and
AN ACT to provide for related matters.
To amend and reenact R.S. 49:191(13) and to repeal R.S.
49:191(11)(f), relative to the Department of Transportation and The bill was read by title; lies over under the rules.
Development; to provide for the re-creation of the Department of
Transportation and Development and the statutory entities made HOUSE BILL NO. 460—
a part of the department by law; to provide for the effective BY REPRESENTATIVE CROWE
termination date for all statutory authority for the existence of such AN ACT
statutory entities; and to provide for related matters. To enact R.S. 18:1333.1, relative to allowing a voter who is a resident
in an adult residential care facility or an adult residential care home
The bill was read by title; lies over under the rules. to vote absentee where he resides; to provide for the definition of
"adult residential care facility" and "adult residential care home";
HOUSE BILL NO. 312— to provide for the procedure by which a voter residing in an adult
BY REPRESENTATIVE PITRE residential care facility or adult residential care home becomes
AN ACT eligible to vote absentee where he resides; to provide for the
To enact Section 4(J) of Act No. 113 of the 1950 Regular Session of removal of a voter residing in an adult residential care facility or
the Louisiana Legislature, relative to the Bayou Lafourche adult residential care home from the program allowing him to vote
Freshwater District; to provide for powers of the board of absentee where he resides; and to provide for related matters.
commissioners; to authorize the board to develop and implement
measures to prevent the intrusion of salt water into the flow of The bill was read by title; lies over under the rules.
fresh water; and to provide for related matters.
HOUSE BILL NO. 478—
The bill was read by title; lies over under the rules. BY REPRESENTATIVE MORRISH
AN ACT
HOUSE BILL NO. 315— To amend and reenact R.S. 38:1794(A)(2)(a), (B), (F), and (G), relative
BY REPRESENTATIVES JACK SMITH AND FAUCHEUX to the compensation of members of the boards of commissioners
AN ACT of certain drainage districts; to provide for an increase in the
To amend and reenact R.S. 41:1702(F), relative to reclamation of lands maximum per diem of such members; and to provide for related
lost to erosion; to include construction of a marina in the definition matters.
of reclamation project; and to provide for related matters.
The bill was read by title; lies over under the rules.
The bill was read by title; lies over under the rules.
HOUSE BILL NO. 489—
HOUSE BILL NO. 323— BY REPRESENTATIVE CRANE AND SENATOR THEUNISSEN
BY REPRESENTATIVE POWELL AN ACT
AN ACT To enact R.S. 17:1952(B)(10), relative to procedural safeguards with
To amend and reenact R.S. 33:3813.2(D), relative to the Tangipahoa respect to children with exceptionalities; to provide relative to
Water District; to provide relative to the terms of office of the procedures for hearings and appeals regarding the provision of
members of the board of commissioners of the district; and to special education and related services to such children; to provide
provide for related matters. certain time limitations for such hearings and appeals; and to
provide for related matters.
The bill was read by title; lies over under the rules.
The bill was read by title; lies over under the rules.
HOUSE BILL NO. 333—
BY REPRESENTATIVES POWELL AND ERDEY HOUSE BILL NO. 566—
AN ACT BY REPRESENTATIVE HOPKINS
To designate Louisiana Highway 43 in Livingston Parish from its AN ACT
intersection with Louisiana Highway 42, north through the village To amend and reenact R.S. 17:87.6, relative to school board property;
of Albany, Louisiana, to its intersection with U.S. Highway 190 as to require local school boards to maintain, repair, and care for
Veterans Highway; and to provide for related matters. unused school property until disposal of such property; to provide
relative to compliance with certain state and local regulations; and
The bill was read by title; lies over under the rules. to provide for related matters.
HOUSE BILL NO. 358— The bill was read by title; lies over under the rules.
BY REPRESENTATIVES TRICHE AND DOWNER
AN ACT HOUSE BILL NO. 572—
To amend and reenact R.S. 32:666(A)(introductory paragraph) and BY REPRESENTATIVE MCCALLUM
667(B)(4), relative to traffic accidents; to require chemical tests to AN ACT
be given in certain traffic accidents; to require suspension of a To authorize and provide for the transfer of certain state property in
driver's license in certain circumstances; and to provide for related Union Parish to the Union Parish Police Jury from the Department
matters. of Transportation and Development; and to provide for related
matters.
The bill was read by title; lies over under the rules.
The bill was read by title; lies over under the rules.
Page 12 SENATE 7th DAY'S PROCEEDINGS
April 9, 2001
HOUSE BILL NO. 610— remedies for noncompliance; to provide for additional default
BY REPRESENTATIVE DOWNER remedies; to provide for transitional provisions; to provide for
AN ACT territorial application of Title 10; to define buyer in the ordinary
To amend and reenact R.S. 32:125, relative to motor vehicles; to course of business, purchase, and security interest; to provide
provide for the operation of vehicles when approaching a parked relative to the security interest of collecting bank; to provide for the
emergency vehicle; and to provide for related matters. security interest of issuer or nominated person; to provide for
document of title to goods defeated in certain cases; to provide for
The bill was read by title; lies over under the rules. the effects of a commodity contract; to provide for determination
of control of a security entitlement; to provide for determination of
HOUSE BILL NO. 619— a securities intermediary's jurisdiction and when possession occurs;
BY REPRESENTATIVE FAUCHEUX
AN ACT to provide for rights of purchaser in certain cases; to provide for
To authorize and provide for the transfer or lease of certain state conforming amendments; to repeal provisions relative to the
property in St. John the Baptist Parish to the parish council of St. schedule of fees; to repeal provisions relative to the assignment of
John the Baptist Parish from the Department of Transportation and accounts receivable; to repeal provisions relative to certain
Development; and to provide for related matters. incorporeal rights and securitized financings; to repeal provisions
relative to crop pledges; to repeal provisions relative to the pledge
The bill was read by title; lies over under the rules. or assignment of secured instruments; to repeal provisions relative
to chattel mortgages; to repeal provisions relative to the mortgage
HOUSE BILL NO. 628— of movables used in commercial or industrial activity; to repeal
BY REPRESENTATIVE HUDSON provisions relative to certain mortgages executed by corporations
AN ACT operating natural gas pipelines; to repeal provisions relative to the
To enact R.S. 32:216(C) and (D), relative to pedestrians on highways; sale and chattel mortgaging of vehicles; and to provide for related
to prohibit pedestrians from crossing interstate highways; to matters.
provide relative to penalties for certain violations; and to provide
for related matters. The bill was read by title; lies over under the rules.
The bill was read by title; lies over under the rules. HOUSE BILL NO. 711—
BY REPRESENTATIVES CLARKSON AND DOWNER
HOUSE BILL NO. 656— AN ACT
BY REPRESENTATIVE LANCASTER To amend and reenact R.S. 36:109(E)(15) and R.S. 37:3391, 3392(9),
AN ACT 3394(A), (B)(1)(introductory paragraph), and (H), and 3406(B)
To amend and reenact R.S. 18:175(D), relative to the registrar of voters and (D), relative to the Louisiana Real Estate Appraisers State
providing a monthly update of the official list of registered voters Board of Certification; to remove the board from under the
to the clerk of court; to require that a monthly update of the official jurisdiction of the Louisiana Real Estate Commission; to revise the
list of registered voters be provided by the registrar of voters to the name of the board; to change the membership of the board; to
clerk of court at his request and at no charge or remuneration; and revise the quorum requirements of the board; and to provide for
to provide for related matters. related matters.
The bill was read by title; lies over under the rules. The bill was read by title; lies over under the rules.
HOUSE BILL NO. 679— HOUSE BILL NO. 720—
BY REPRESENTATIVES MCMAINS, WALSWORTH, AND CLARKSON BY REPRESENTATIVES MCMAINS AND ANSARDI
AN ACT AN ACT
To amend and reenact all of Chapter 9 of Title 10 of the Louisiana To amend and reenact Code of Civil Procedure Articles 1263, 1314,
Revised Statutes of 1950, heretofore comprised of Parts 1 through 1701(B), 1702(A), 1913, 2004, 3612, 4905, and 4922, relative to
6 and consisting of R.S. 10:9-101 through 9-605, to be comprised the continuous revision of the Code of Civil Procedure; to provide
of Parts 1 through 7 and consisting of R.S. 10:9-101 through 9- for service of process on a partnership in commendam; to provide
710, to amend and reenact R.S. 3:207 and 3652(14), R.S. for service of pleadings by the sheriff; to provide for notice of
6:312(E) and 664(E), R.S. 9:3306(26), 3342(B), 4865(A)(2), judgments; to provide for the award of attorney fees in certain
4870(B)(3), 4888(B)(4), 5001(A), 5551(A) and (C), R.S. 10:1- cases; to provide for the furnishing of a bond in certain appeals;
105(2)(e), 1-201(9),(32), and (37), R.S. 10:4-210(c)(1), R.S. to provide for exceptions; and to provide for related matters.
10:7-503(1), R.S. 10:8-103(f), 8-106(d) and (f), 8-110(e), 8-
301(a), 8-302(a), and 8-510, R.S. 12:702(A) and (B), R.S. The bill was read by title; lies over under the rules.
23:1546(A), R.S. 32:708(B)(2)(b), 710, and 728(9), R.S.
37:218(A), R.S. 39:1421(2), R.S. 40:2601(1), R.S. 46:236.16(A), HOUSE BILL NO. 721—
BY REPRESENTATIVES MCMAINS AND ANSARDI
and Code of Civil Procedure Articles 2721(C) and 2725(B); to
enact R.S. 10:5-118 and R.S. 39:1430.1; to repeal R.S. 9:2737, AN ACT
3101 through 3112, 4321 through 4391, 4421, and 5351 through To amend and reenact Code of Civil Procedure Article 2166(D) and to
5373, R.S. 12:704, and R.S. 32:704(B), all relative to secured enact Code of Civil Procedure Article 2166(E), relative to the filing
transactions under Louisiana Commercial Laws; to revise the of applications of writs of certiorari to the supreme court; to allow
entirety of Chapter 9 to conform to revisions in the Uniform any other party to apply for certiorari within certain delays after the
Commercial Code; to provide for definitions and general concepts; filing of the initial application; and to provide for related matters.
to provide for applicability; to provide for effectiveness of security
agreements and attachment of security interests; to provide for The bill was read by title; lies over under the rules.
perfection and priority of security interests; to provide for rights of
a bank and of third parties; to provide for duties and operation of HOUSE BILL NO. 722—
BY REPRESENTATIVES MCMAINS, ANSARDI, AND WALSWORTH
filing offices; to provide for uniform form of financing statements AN ACT
and amendments; to provide for fees; to provide for maintenance To amend and reenact Code of Civil Procedure Articles 2332 and 2336,
and destruction of records; to provide for default and enforcement relative to the appraisal and sale of seized property; to provide for
of security interests; to provide for contents and form of the sale of collateral through a writ of fieri facias without appraisal
notification before disposition of collateral; to provide relative to
7th DAY'S PROCEEDINGS Page 13 SENATE
April 9, 2001
in an ordinary proceeding under certain circumstances; to provide revoke a trust; to provide for accountings; to provide for
exceptions; and to provide for related matters. jurisdiction over the trustee; and to provide for related matters.
The bill was read by title; lies over under the rules. The bill was read by title; lies over under the rules.
HOUSE BILL NO. 730— HOUSE BILL NO. 896—
BY REPRESENTATIVE JOHNS BY REPRESENTATIVES JOHNS AND THOMPSON
AN ACT AN ACT
To enact R.S. 47:301(7)(i) and (10)(t), relative to local sales and use To amend and reenact R.S. 47:304(F), relative to the state sales and use
taxes; to exclude the sale, lease, or rental of tangible personal tax; to permit a dealer to absorb the tax under certain
property by a person if such sale, lease, or rental is covered under circumstances; to provide for an effective date; and to provide for
the provisions of Medicare; and to provide for related matters. related matters.
The bill was read by title; lies over under the rules. The bill was read by title; lies over under the rules.
HOUSE BILL NO. 752— HOUSE BILL NO. 923—
BY REPRESENTATIVE DEVILLIER BY REPRESENTATIVES PINAC AND DANIEL
AN ACT AN ACT
To amend and reenact R.S. 14:43(A)(1), relative to simple rape; to To amend and reenact R.S. 47:303(B)(7), relative to the sales and use
provide for simple rape when intoxicating agents or other causes tax; to provide for the responsibility for collection and remittance
of abnormal conditions of the mind are involved; and to provide for of the tax with regard to a motor vehicle lease agreement; and to
related matters. provide for related matters.
The bill was read by title; lies over under the rules. The bill was read by title; lies over under the rules.
HOUSE BILL NO. 796— HOUSE BILL NO. 937—
BY REPRESENTATIVES WOOTON, CLARKSON, DOWNER, AND BY REPRESENTATIVE DIEZ
MCDONALD AND SENATORS HAINKEL AND THEUNISSEN AN ACT
AN ACT To repeal R.S. 40:1321(I)(3) and (4), relative to special identification
To amend and reenact R.S. 17:3991(B)(1)(a), relative to charter school cards; to remove the late fee for renewal of an expired special
enrollment requirements; to exempt from such requirements identification card by mail or by electronic commerce; and to
certain charter schools established with the mission of meeting the remove provisions for the disposition of that fee.
needs of children of military personnel; to provide conditions and
exceptions; and to provide for related matters. The bill was read by title; lies over under the rules.
The bill was read by title; lies over under the rules. HOUSE BILL NO. 938—
BY REPRESENTATIVE DIEZ
HOUSE BILL NO. 803— AN ACT
BY REPRESENTATIVES DONELON, ANSARDI, MARTINY, BAYLOR, To amend and reenact R.S. 32:412(D)(3), relative to driver's license
BOWLER, CLARKSON AND TUCKER
AN ACT renewals; to remove the prohibition of renewal by mail or
To amend and reenact R.S. 22:162(A)(1)(a), 842, and 844(C) and electronic commerce of Class "D" or "E" operators' licenses for
(D)(1), to enact R.S. 22:842.2, and to repeal R.S. 22:844(J) and persons with certain traffic violations; and to provide for related
(K), relative to investments by domestic insurers; to provide for matters.
reserve liabilities; to provide for investments and security; to
provide for derivatives; to provide for definitions; to provide for The bill was read by title; lies over under the rules.
limits; to provide for regulations; and to provide for related matters.
HOUSE BILL NO. 946—
BY REPRESENTATIVE R. ALEXANDER
The bill was read by title; lies over under the rules. AN ACT
To amend and reenact R.S. 49:191(13) and to repeal R.S.
HOUSE BILL NO. 829— 49:191(11)(b), relative to the Department of Social Services,
BY REPRESENTATIVES JOHNS AND KENNARD
AN ACT including provisions to provide for the re-creation of the
To amend and reenact R.S. 22:250.12(B)(introductory paragraph) and Department of Social Services and the statutory entities made a
to enact R.S. 22:250.12(H), relative to the Louisiana Health Plan; part of the department by law; to provide for the effective
to provide relative to eligibility for participation in the state termination date for all statutory authority for the existence of such
insurance pool established to comply with the federal Health statutory entities; and to provide for related matters.
Insurance Portability and Accountability Act; and to provide for
related matters. The bill was read by title; lies over under the rules.
The bill was read by title; lies over under the rules. HOUSE BILL NO. 947—
BY REPRESENTATIVES BROOME, DURAND, ILES, SCHWEGMANN, AND
WELCH
HOUSE BILL NO. 846— AN ACT
BY REPRESENTATIVES MCMAINS AND ANSARDI To amend and reenact R.S. 46:237, relative to the Grandparent Subsidy
AN ACT Program; to rename the program as the Kinship Care Subsidy
To amend and reenact R.S. 9:1789, 1891(A), 1932, 1961(C), 2026(2), Program; to expand the program to include aunts and uncles in
2030, 2045 and 2088(A) and to enact R.S. 9:1784, relative to the addition to grandparents and step-grandparents; to allow families
Louisiana Trust Code; to provide for the removal of a trustee; to participating in the program up to a year in which to obtain legal
provide for class trusts; to provide for the donation of property; to custody or guardianship; and to provide for related matters.
provide for the interest of the income beneficiary; to provide for the
termination or modification of a trust; to provide for combination The bill was read by title; lies over under the rules.
and division of trusts; to provide for the delegation of the right to
Page 14 SENATE 7th DAY'S PROCEEDINGS
April 9, 2001
HOUSE BILL NO. 948— The bill was read by title; lies over under the rules.
BY REPRESENTATIVE R. ALEXANDER
AN ACT HOUSE BILL NO. 1170—
To repeal Chapter 30 of Title 40 of the Louisiana Revised Statutes of BY REPRESENTATIVE FUTRELL
1950, comprised of R.S. 40:2801 and 2802, relative to long-term AN ACT
care assistance; repeals the Long-Term Care Assistance Program To amend and reenact R.S. 32:393(C)(2) and (3), relative to traffic and
administered by the Office of Elderly Affairs. parking violations; to remove prohibition of certain agencies
reporting unpaid fines for traffic and parking violations to credit
The bill was read by title; lies over under the rules. information agencies; to remove prohibition of certain agencies
from entering into contracts to provide records of unpaid traffic
HOUSE BILL NO. 961— and parking fines to credit information agencies; to authorize
BY REPRESENTATIVE DIEZ certain agencies to contract with consumer reporting agencies for
AN ACT certain services; to remove penalties relative to disclosure of certain
To authorize and provide for the transfer or lease of certain state information; to limit the information contained in consumer reports
property in St. Tammany Parish to the Department of for unpaid traffic fines; and to provide for related matters.
Transportation and Development from the division of
administration; and to provide for related matters. The bill was read by title; lies over under the rules.
The bill was read by title; lies over under the rules. HOUSE BILL NO. 1177—
BY REPRESENTATIVE POWELL
HOUSE BILL NO. 962— AN ACT
BY REPRESENTATIVE DIEZ To amend and reenact R.S. 40:1843, relative to the Liquefied Petroleum
AN ACT Gas Commission; to increase per diem for members; and to
To amend and reenact R.S. 47:507, relative to the placement of motor provide for related matters.
vehicle license plates; to provide for the placement of permanent
registration license plates; and to provide for related matters. The bill was read by title; lies over under the rules.
The bill was read by title; lies over under the rules. HOUSE BILL NO. 1190—
BY REPRESENTATIVE SCHWEGMANN AND SENATOR BOISSIERE
HOUSE BILL NO. 964— AN ACT
BY REPRESENTATIVE DIEZ To amend and reenact R.S. 38:336(B)(2)(b), relative to property of the
AN ACT Orleans Levee District along Lake Pontchartrain; to exempt a
To authorize and provide for the transfer or lease of certain state specified piece of property from dedication to use as green space;
property in East Baton Rouge Parish to the Department of to provide for sale or lease of such property; and to provide for
Transportation and Development from the Department of Public related matters.
Safety and Corrections; and to provide for related matters.
The bill was read by title; lies over under the rules.
The bill was read by title; lies over under the rules.
HOUSE BILL NO. 1281—
HOUSE BILL NO. 993— BY REPRESENTATIVE CLARKSON
BY REPRESENTATIVES HAMMETT AND DANIEL AN ACT
AN ACT To enact R.S. 37:1447, relative to real estate licensees; to prohibit
To amend and reenact R.S. 39:128(B)(1), relative to capital outlay solicitation of certain referral fees; to prohibit interference with
budget execution; to exempt from inclusion in the capital outlay brokerage relationships; to provide for penalties; and to provide for
budget certain projects for certain higher education institutions; to related matters.
provide for an effective date; and to provide for related matters.
The bill was read by title; lies over under the rules.
The bill was read by title; lies over under the rules.
HOUSE BILL NO. 1399—
HOUSE BILL NO. 1095— BY REPRESENTATIVES LANCASTER AND MONTGOMERY
BY REPRESENTATIVE CLARKSON AN ACT
AN ACT To enact R.S. 47:299.2(1)(a)(vii) and 299.11(9), relative to offset
To enact R.S. 37:1469, relative to real estate; to require contracts of sale claims against individual income tax refunds; to authorize the
or lease to contain certain notices; to provide for prospective Louisiana Board of Ethics to file such claim; to provide for an
application; and to provide for related matters. effective date; and to provide for related matters.
The bill was read by title; lies over under the rules. The bill was read by title; lies over under the rules.
HOUSE BILL NO. 1129— HOUSE BILL NO. 1438—
BY REPRESENTATIVE PINAC, E. ALEXANDER, BRUCE, CLARKSON, BY REPRESENTATIVE PINAC AND SENATOR HOLLIS
CRANE, CROWE, DAMICO, DANIEL, DIEZ, ERDEY, FLAVIN, FRITH,
FUTRELL, HEATON, JOHNS, KATZ, KENNARD, LANCASTER, LEBLANC, AN ACT
MCDONALD, MCMAINS, MORRELL, NEVERS, PERKINS, PIERRE, To amend and reenact R.S. 51:651, 652(A), 653(A), 654, 655(A), and
POWELL, SCHNEIDER, SCHWEGMANN, JANE SMITH, SNEED, STRAIN, 656(C)(1)(f) and to enact R.S. 51:652(C), relative to fireworks; to
WALSWORTH, WELCH, WOOTON, AND WINSTON AND SENATORS
FONTENOT, HOYT, SCHEDLER, SMITH, AND THOMAS provide conformity with federal classifications of fireworks; to
AN ACT impose penalties for the illegal sale of impermissible fireworks
To amend and reenact R.S. 9:2771, 2772(A)(introductory paragraph) within the state; to prohibit igniting fireworks within one thousand
and (B), 3144(A)(3), and 3146, relative to contractors; to provide feet of a fireworks retail location; to impose a penalty for the
relative to the liability of contractors for certain actions; to provide unlawful discharge of a fireworks from a motor vehicle; to require
relative to peremptive periods for recovery of damages; to provide a work permit for anyone under the age of eighteen to work at a
relative to a builder's warranty of a home and actions to enforce firework retail location; and to provide for related matters.
such warranties; and to provide for related matters.
The bill was read by title; lies over under the rules.
7th DAY'S PROCEEDINGS Page 15 SENATE
April 9, 2001
HOUSE BILL NO. 1526— HOUSE CONCURRENT RESOLUTION NO. 58—
BY REPRESENTATIVE MCMAINS BY REPRESENTATIVE DEWITT AND SENATOR HAINKEL
AN ACT A CONCURRENT RESOLUTION
To amend and reenact R.S. 9:5161, relative to mortgages; to provide for To invite Chief Justice Pascal Calogero of the Louisiana Supreme Court
the cancellation of mortgages; to provide for the reinscription of to address a joint session of the legislature.
mortgages; to provide for prescription of reinscription; to provide
for the effects of reinscription; and to provide for related matters. HOUSE CONCURRENT RESOLUTION NO. 1—
BY REPRESENTATIVE DURAND
The bill was read by title; lies over under the rules. A CONCURRENT RESOLUTION
To urge and request the Department of Transportation and
HOUSE BILL NO. 1657— Development to designate Louisiana Highway 96 within St. Martin
BY REPRESENTATIVE FUTRELL Parish as a Blue Star Memorial Highway in honor of the citizens
AN ACT of St. Martin Parish who have served, are now serving, or will
To amend and reenact R.S. 48:381.2(B)(1) and to enact R.S. serve in the future in the armed forces of the United States and to
48:381.2(G), relative to rights-of-way; to require approval of authorize placement of a Blue Star Memorial Highway monument
certain rights-of-way permits; to provide relative to an annual along this route.
report by the secretary; and to provide for related matters.
HOUSE CONCURRENT RESOLUTION NO. 60—
The bill was read by title; lies over under the rules. BY REPRESENTATIVES MCMAINS AND CLARKSON AND SENATOR
DARDENNE
A CONCURRENT RESOLUTION
HOUSE BILL NO. 1742— To commend Steven Soderbergh for his outstanding accomplishments
BY REPRESENTATIVE CLARKSON
AN ACT in filmmaking and to congratulate him upon the tremendous
To amend and reenact R.S. 37:1437(C)(2)(a) and (5)(a) and 1466(H), success of his films at the Seventy-Third Annual Academy Awards
relative to the Louisiana Real Estate Commission; to provide with in March of 2001.
respect to licensure requirements for real estate brokers and
salespersons; to provide for certain insurance coverage on certain HOUSE CONCURRENT RESOLUTION NO. 18—
BY REPRESENTATIVES FAUCHEUX, FRITH, HILL, BAUDOIN, BAYLOR,
licensees of the commission; and to provide for related matters. R. CARTER, CLARKSON, CRANE, CROWE, DEVILLIER, DOERGE,
DOWNER, DURAND, GREEN, HAMMETT, HEATON, HUDSON, L. JACKSON,
The bill was read by title; lies over under the rules. LEBLANC, MCDONALD, NEVERS, ODINET, PIERRE, PINAC, PITRE,
QUEZAIRE, ROMERO, STRAIN, THOMPSON, TOWNSEND, TRICHE,
TUCKER, WADDELL, WELCH, WOOTON, AND WRIGHT
HOUSE BILL NO. 1781— A CONCURRENT RESOLUTION
BY REPRESENTATIVE TOWNSEND To urge and request the office of motor vehicles, Department of Public
AN ACT Safety and Corrections, to keep its local offices open and
To amend and reenact R.S. 23:540, relative to the inspection of hot operational.
water heaters; to exempt from inspection hot water heaters located
in privately owned or rented homes or apartments; and to provide Respectfully submitted,
for related matters. ALFRED W. SPEER
Clerk of the House of Representatives
The bill was read by title; lies over under the rules.
HOUSE BILL NO. 1794— House Concurrent Resolutions
BY REPRESENTATIVE LEBLANC
AN ACT Senator Lambert asked for and obtained a suspension of the rules
To appropriate funds from the State General Fund to the State to take up at this time the following House Concurrent Resolutions just
Employees' Group Benefits Program for the Fiscal Year 2000- received from the House which were taken up, read a first and second
2001; and to provide for related matters. time by their titles and acted upon as follows:
The bill was read by title; lies over under the rules. HOUSE CONCURRENT RESOLUTION NO. 1—
BY REPRESENTATIVE DURAND
A CONCURRENT RESOLUTION
Messages from the House To urge and request the Department of Transportation and
Development to designate Louisiana Highway 96 within St. Martin
The following Messages from the House were received and read Parish as a Blue Star Memorial Highway in honor of the citizens
as follows: of St. Martin Parish who have served, are now serving, or will
serve in the future in the armed forces of the United States and to
Message from the House authorize placement of a Blue Star Memorial Highway monument
along this route.
ASKING CONCURRENCE IN
HOUSE CONCURRENT RESOLUTIONS On motion of Senator Lambert, the resolution was read by title and
referred to the Committee on Transportation, Highways, and Public
April 9, 2001 Works.
To the Honorable President and Members of the Senate: HOUSE CONCURRENT RESOLUTION NO. 18—
BY REPRESENTATIVES FAUCHEUX, FRITH, HILL, BAUDOIN, BAYLOR,
I am directed to inform your honorable body that the House of R. CARTER, CLARKSON, CRANE, CROWE, DEVILLIER, DOERGE,
DOWNER, DURAND, GREEN, HAMMETT, HEATON, HUDSON, L. JACKSON,
Representatives has finally passed and asks your concurrence in the LEBLANC, MCDONALD, NEVERS, ODINET, PIERRE, PINAC, PITRE,
following House Concurrent Resolutions: QUEZAIRE, ROMERO, STRAIN, THOMPSON, TOWNSEND, TRICHE,
TUCKER, WADDELL, WELCH, WOOTON, AND WRIGHT
A CONCURRENT RESOLUTION
To urge and request the office of motor vehicles, Department of Public
Safety and Corrections, to keep its local offices open and
operational.
Page 16 SENATE 7th DAY'S PROCEEDINGS
April 9, 2001
On motion of Senator Lambert, the resolution was read by title and Dardenne Johnson Theunissen
referred to the Committee on Transportation, Highways, and Public Dean Jones, B Thomas
Works. Dupre Jones, C Ullo
Ellington Lambert
HOUSE CONCURRENT RESOLUTION NO. 58— Total—38
BY REPRESENTATIVE DEWITT AND SENATOR HAINKEL NAYS
A CONCURRENT RESOLUTION
To invite Chief Justice Pascal Calogero of the Louisiana Supreme Court Total—0
to address a joint session of the legislature. ABSENT
The resolution was read by title. Senator Lambert moved to concur Malone
in the House Concurrent Resolution. Total—1
ROLL CALL The Chair declared the Senate had concurred in the House
Concurrent Resolution and ordered it returned to the House.
The roll was called with the following result:
Reports of Committees
YEAS
The following reports of committees were received and read:
Mr. President Fields, W Marionneaux
Bajoie Fontenot McPherson REPORT OF COMMITTEE ON
Barham Gautreaux Michot
Bean Heitmeier Mount RETIREMENT
Boissiere Hines Romero
Cain Hollis Schedler
Chaisson Hoyt Smith Senator Boissiere, Chairman on behalf of the Committee on
Cravins Irons Tarver Retirement, submitted the following report:
Dardenne Johnson Theunissen
Dean Jones, B Thomas April 9, 2001
Dupre Jones, C Ullo
Ellington Lambert To the President and Members of the Senate:
Fields, C Lentini
Total—37 I am directed by your Committee on Retirement to submit the
NAYS following report:
Total—0 SENATE BILL NO. 405—
BY SENATOR BOISSIERE
ABSENT AN ACT
To amend and reenact R.S. 11:217 and 221(D)(4), relative to the
Campbell Malone Louisiana Assessors' Retirement Fund; to provide relative to
Total—2 disability retirement; to provide relative to when members with a
disability retirement reach normal vested retirement age; to provide
The Chair declared the Senate had concurred in the House for an effective date; and to provide for related matters.
Concurrent Resolution and ordered it returned to the House.
Reported favorably.
HOUSE CONCURRENT RESOLUTION NO. 60—
BY REPRESENTATIVES MCMAINS AND CLARKSON AND SENATOR
DARDENNE SENATE BILL NO. 487—
BY SENATOR BOISSIERE
A CONCURRENT RESOLUTION
To commend Steven Soderbergh for his outstanding accomplishments AN ACT
in filmmaking and to congratulate him upon the tremendous To amend and reenact R.S. 11:3821(D), relative to the Employees'
success of his films at the Seventy-Third Annual Academy Awards Retirement System of the Sewerage and Water Board of New
in March of 2001. Orleans; to change the percentage of the pension fund portfolio
which may be invested in equities; and to provide for related
The resolution was read by title. Senator Dardenne moved to matters.
concur in the House Concurrent Resolution.
Reported favorably.
ROLL CALL SENATE BILL NO. 527—
BY SENATOR BOISSIERE
The roll was called with the following result: AN ACT
To amend and reenact R.S. 11:1410(B) and 1454, to enact R.S.
YEAS 11:1413, and to repeal R.S. 11:1410(C), relative to the Louisiana
Assessors’ Retirement Fund; to provide relative to the membership
Mr. President Fields, C Lentini and eligibility requirements for such fund; to authorize the part-
Bajoie Fields, W Marionneaux time reemployment of retirees; to provide for retroactive
Barham Fontenot McPherson application; to provide for an effective date; and to provide for
Bean Gautreaux Michot related matters.
Boissiere Heitmeier Mount
Cain Hines Romero Reported with amendments.
Campbell Hollis Schedler
Chaisson Hoyt Smith
Cravins Irons Tarver
7th DAY'S PROCEEDINGS Page 17 SENATE
April 9, 2001
SENATE BILL NO. 528 — COMMERCE AND CONSUMER PROTECTION
BY SENATOR BOISSIERE
AN ACT
To amend and reenact R.S. 11:1456(F), relative to the Louisiana Senator Hollis, Chairman on behalf of the Committee on
Assessors’ Retirement Fund; to authorize accounts in the Deferred Commerce and Consumer Protection, submitted the following report:
Retirement Option Plan to earn interest at the end of the plan
period when a member remains employed; and to provide for April 4, 2001
related matters.
To the President and Members of the Senate:
Reported with amendments.
I am directed by your Committee on Commerce and Consumer
SENATE BILL NO. 529— Protection to submit the following report:
BY SENATOR BOISSIERE
AN ACT SENATE BILL NO. 18—
BY SENATOR HOLLIS
To enact R.S. 11:1423(C) and (D), relative to the Louisiana Assessors'
Retirement Fund; to provide relative to retirement options; to AN ACT
provide relative to the payment of benefits upon the death of a To enact R.S. 51:293.1, relative to the name of the Superdome building;
spouse if an option is chosen; to provide relative to the option to require certain conditions in any agreement to transfer the right
reduction factor; and to provide for related matters. to designate and use a name for the stadium facility; and to provide
for related matters.
Reported with amendments.
Reported favorably.
SENATE BILL NO. 530—
BY SENATOR BOISSIERE SENATE BILL NO. 23—
BY SENATORS CAMPBELL, MCPHERSON, MOUNT, FONTENOT, AND
AN ACT IRONS, AND REPRESENTATIVES ILES, CAZAYOUX, JANE SMITH, DUPRE,
To enact R.S. 11:1445, relative to the Louisiana Assessors’ Retirement ANSARDI AND DURAND
Fund; to provide relative to the payment of employee contributions AN ACT
upon death of the member; to provide for an effective date; and to To enact Chapter 8-H of Title 45 of the Louisiana Revised Statutes of
provide for related matters. 1950, to be comprised of R.S. 45:844.11 through 844.15, relative
to telephone solicitation; to provide for a "do not call" listing of
Reported with amendments. residential telephone subscribers; to provide for listing procedures;
to prohibit certain acts; to provide for notification; to provide for
SENATE BILL NO. 531— penalties for violations; and to provide for related matters.
BY SENATOR BOISSIERE
AN ACT Reported with amendments.
To amend and reenact R.S. 11:1421(B), relative to the Louisiana
Assessors’ Retirement Fund; to authorize members of the fund to SENATE BILL NO. 333—
retire with thirty years of service at any age; to provide for an BY SENATORS MICHOT, ROMERO AND CRAVINS
effective date; and to provide for related matters. AN ACT
To amend and reenact R.S. 22:1404.3, relative to criminal bail bonds;
Reported favorably. to provide for a maximum premium rate; and to provide for related
matters.
SENATE BILL NO. 532—
BY SENATOR BOISSIERE Reported favorably.
AN ACT
To amend and reenact R.S. 11:62(1), 1422(A), and 1481(2)(a), to enact SENATE BILL NO. 381—
R.S. 11:106, and to repeal R.S. 11:1422(B), relative to the BY SENATOR ELLINGTON
Louisiana Assessors' Retirement Fund; to authorize an increase in AN ACT
the employer contribution rate; to increase the employee To enact R.S. 9:4331.2, relative to promissory notes; to provide for the
contribution rate; to provide relative to the accrual rate for the prohibition to sell, trade, encumber or otherwise convey
computation of normal retirement benefits; to provide for an ownership, or the rights granted by ownership, of any promissory
effective date; and to provide for related matters. note secured by real estate; to provide for exceptions and to provide
for related matters.
Reported with amendments.
Reported favorably.
SENATE BILL NO. 833—
BY SENATOR HOYT SENATE BILL NO. 426—
AN ACT BY SENATOR JOHNSON
To amend and reenact R.S. 11:2258(B)(1), relative to the Firefighters' AN ACT
Retirement System; to provide with respect to disability retirement To enact R.S. 40:1797.1, relative to firearms; to require all new firearms
benefits, including but not limited to the conversion of regular sold in Louisiana to be equipped with a child safety lock at the time
retirement benefits to disability benefits, the standard of evidence of the sale; to provide for an effective date; and to provide for
used to demonstrate a disability, and the required actuarial related matters.
neutrality of the transaction; and to provide for related matters.
Reported without action.
Reported with amendments.
SENATE BILL NO. 627—
Respectfully submitted, BY SENATORS MICHOT, CHAISSON, HOLLIS, HOYT, SCHEDLER, SMITH,
AND THOMAS, AND REPRESENTATIVES E. ALEXANDER, BRUCE,
LAMBERT BOISSIERE, JR. CAZAYOUX, CLARKSON, CRANE, CROWE, DAMICO, DANIELS, DIEZ,
Chairman FLAVIN, FRITH, FUTRELL, HEATON, JOHNS, KENNARD, LANCASTER,
LEBLANC, MORRELL, NEVERS, PERKINS, PIERRE, SCHWEGMANN, JANE
SMITH, SNEED, STRAIN, WALSWORTH, AND WOOTEN
REPORT OF COMMITTEE ON AN ACT
Page 18 SENATE 7th DAY'S PROCEEDINGS
April 9, 2001
To amend and reenact R.S. 37:2170(A)(1), relative to contractors; to To the President and Members of the Senate:
provide relative to exemptions to the residential building
contractors licensing law; and to provide for related matters. I am directed by your Committee on Local and Municipal Affairs
to submit the following report:
Reported with amendments.
SENATE BILL NO. 39—
SENATE BILL NO. 629— BY SENATOR MCPHERSON AND REPRESENTATIVE DEWITT
BY SENATORS MICHOT, FONTENOT, HOYT, SCHEDLER, SMITH, AND AN ACT
THOMAS, AND REPRESENTATIVES ALEXANDER, BRUCE, CLARKSON, To enact R.S. 33:381(C)(21), relative to municipal officers; to provide
CRANE, CROWE, DAMICO, DANIELS, DIEZ, ERDEY, FLAVIN, FRITH,
FUTRELL, HEATON, JOHNS, KATZ, KENNARD, LANCASTER, LEBLANC, that the town of Woodworth shall appoint the chief of police; to
MCDONALD, MCMAINS, MORRELL, NEVERS, PERKINS, PIERRE, provide for the duties, qualifications and responsibilities of the
POWELL, SCHNEIDER, SCHWEGMANN, JANE SMITH, SNEED, STRAIN, chief of police; and to provide for related matters.
WALSWORTH, WELCH, WINSTON, AND WOOTEN
AN ACT
To amend and reenact R.S. 9:2771, 2772(A)(introductory paragraph) Reported favorably.
and (B), 3144(A)(3), and 3146, relative to contractors; to provide
relative to the liability of contractors for certain actions; to provide SENATE BILL NO. 473—
BY SENATOR SMITH
relative to peremptive periods for recovery of damages; to provide AN ACT
relative to a builder's warranty of a home and actions to enforce To amend and reenact R.S. 42:261(C) and (D)(1), 263(A), and 264,
such warranties; and to provide for related matters. and to repeal R.S. 42:261(G), relative to legal representation of
parish governing authorities; to authorize any parish governing
Reported favorably. authority to retain, select, and/or employ an attorney to serve as its
regular or special attorney; and to provide for related matters.
SENATE BILL NO. 679—
BY SENATOR HOLLIS
AN ACT Reported favorably.
To enact R.S. 6:534, relative to interstate banking; to provide for
legislative purpose; to provide for law applicable to certain SENATE BILL NO. 477—
BY SENATOR SMITH
interstate banking activities; and to provide for related matters. AN ACT
To enact R.S. 33:1448(I), relative to public officers; to provide with
Reported with amendments. respect to sheriffs; to provide for group insurance for sheriffs and
deputy sheriffs; to require the sheriff of Winn Parish to pay certain
SENATE BILL NO. 704— premium costs of specified group insurance for certain retired
BY SENATOR FONTENOT
AN ACT employees; to provide limitations; and to provide for related
To amend and reenact R.S. 51:911.21, 911.22, 911.23, 911.24(A)(1), matters.
(2), (3), (5), (6), the introductory paragraph of R.S. 51:911.24(B),
911.24(B)(5), (C), the introductory paragraph of R.S. Reported favorably.
51:911.24(D), (D)(3), E, the introductory paragraph of R.S.
51:911.24(F), (F)(3), (G), and (H), 911.24.1, 911.25(A) and (B), SENATE BILL NO. 488—
BY SENATOR CRAVINS
the introductory paragraph of R.S. 51:911.28(A), (A)(3), (4), (8), AN ACT
(B), (C), 911.29, 911.30, 911.32(A), (B), (D), and (E), 911.33, To amend and reenact R.S. 33:1236(49)(b)(i) and 4754(A)(1), relative
911.34(A) and (C), 911.35, 911.36, 911.38, 911.39(A), 911.42, to the removal and securing of dangerous structures; to authorize
911.43, 911.44, 911.46, 912.21, the introductory paragraph of the governing authority of St. Landry Parish and any municipality
R.S. 51:912.22, 912.22(2), (3), (5), 912.23(1)(a) and (h), the within the parish to take certain actions with respect to such
introductory paragraph of R.S. 51:912.24, 912.24(2)(g), (4)(b) and buildings and structures, including imposing fines and
(e), the introductory paragraph of R.S. 51:912.25, 912.26, 912.27, demolishing, removing, or securing such buildings and structures
912.28(A), and 912.29 and the Title to Part XIV-B of Chapter 2 and maintaining such property; to provide for the maintenance of
of Title 51 of the Louisiana Revised Statutes of 1950, and to enact property; to provide relative to the powers of specified parish
R.S. 51:911.26 and 912.30, and to repeal R.S. 51:911.27 and governing authorities; and to provide for related matters.
911.37, all relative to manufactured homes and mobile homes; to
provide for definitions; to create the Louisiana Manufactured Reported favorably.
Housing Commission and provide for its powers and duties; to
provide for standards and codes applicable to manufactured SENATE BILL NO. 612—
housing; to provide for standards for installation of manufactured BY SENATOR BAJOIE
housing; to provide for enforcement of standards and codes; to AN ACT
provide for warranties; and to provide for related matters. To amend and reenact R.S. 51:293, relative to the Louisiana Stadium
and Exposition District; to authorize the Board of Commissioners
Reported with amendments. of the Louisiana Stadium and Exposition District to sell the naming
rights of the Louisiana Superdome located in Orleans Parish; to
Respectfully submitted, require certain conditions in any agreement to transfer the right to
KEN HOLLIS designate and use an alternative name and trademarks for the
Chairman Louisiana Superdome; and to provide for related matters.
REPORT OF COMMITTEE ON Reported favorably.
LOCAL AND MUNICIPAL AFFAIRS SENATE BILL NO. 614—
BY SENATOR BAJOIE
Senator Bajoie, Chairman on behalf of the Committee on Local AN ACT
and Municipal Affairs, submitted the following report: To enact R.S. 51:295.1, relative to the Louisiana Stadium and
Exposition District; to authorize the Board of Commissioners of
April 4, 2001 the Louisiana Stadium and Exposition District to sell the naming
7th DAY'S PROCEEDINGS Page 19 SENATE
April 9, 2001
rights of the New Orleans Arena located in Orleans Parish; to Reported with amendments.
require certain conditions in any agreement to transfer the right to
designate and use an alternative name and trademarks for the New SENATE BILL NO. 421—
Orleans Arena; and to provide for related matters. BY SENATOR ROMERO
AN ACT
Reported favorably. To amend and reenact R.S. 2:602(A), relative to local airport authorities;
to provide for the membership of the Iberia Parish Airport
SENATE BILL NO. 667— Authority; and to provide for related matters.
BY SENATOR MCPHERSON
AN ACT Reported favorably.
To enact R.S. 33:3887.1, relative to sewerage districts; to authorize an
increase in per diem payable to members of the sewerage district Respectfully submitted,
board in Rapides Parish; and to provide for related matters. FRANCIS C. HEITMEIER
Chairman
Reported favorably.
REPORT OF COMMITTEE ON
SENATE BILL NO. 930—
BY SENATOR CRAVINS
AN ACT
NATURAL RESOURCES
To amend and reenact R.S. 40:1498(E), relative to fire protection
districts; to continue with the applicability of such authority in Senator Romero, Chairman on behalf of the Committee on Natural
certain parishes; and to provide for related matters. Resources, submitted the following report:
Reported favorably. April 4, 2001
Respectfully submitted, To the President and Members of the Senate:
DIANA E. BAJOIE
Chairman I am directed by your Committee on Natural Resources to submit
the following report:
REPORT OF COMMITTEE ON
SENATE CONCURRENT RESOLUTION NO. 32—
BY SENATOR LAMBERT (BY REQUEST)
TRANSPORTATION, HIGHWAYS, AND A CONCURRENT RESOLUTION
PUBLIC WORKS To memorialize the Congress of the United States to use the powers at
its disposal to encourage the United States Department of Energy
Senator Heitmeier, Chairman on behalf of the Committee on to establish a national energy policy which will remove barriers to
Transportation, Highways, and Public Works, submitted the following and provide incentives for the immediate exploration and
report: production of natural gas.
April 4, 2001 Reported favorably.
To the President and Members of the Senate: SENATE BILL NO. 262—
BY SENATOR CAMPBELL
AN ACT
I am directed by your Committee on Transportation, Highways, To enact R.S. 31:212.33 relative to the mineral code; to provide for
and Public Works to submit the following report: payment of royalties; to provide for penalties; to provide for
effective date; and to provide for related matters.
SENATE BILL NO. 20—
BY SENATOR ROMERO
AN ACT Reported favorably.
To amend and reenact R.S. 32:774(B)(3)(b)(i), relative to motor
vehicles; to exempt previously licensed used motor vehicle dealers SENATE BILL NO. 340—
BY SENATOR DUPRE
from certain educational requirements; and to provide for related AN ACT
matters. To authorize the state through the Department of Wildlife and Fisheries
to transfer certain tracts of land situated in Terrebonne Parish to
Reported favorably. Fire Protection District No. 6 of Terrebonne Parish; and to provide
for related matters.
SENATE BILL NO. 45—
BY SENATOR FONTENOT
AN ACT Reported with amendments.
To amend and reenact R.S. 32:1732, relative to towing of motor
vehicles; to provide for recovery of certain surcharges assessed SENATE BILL NO. 352—
BY SENATOR MCPHERSON
when motor vehicles are towed; and to provide for related matters. AN ACT
To direct and empower the office of state lands to transfer title to certain
Reported with amendments. described property located in Catahoula Parish to the Department
of Wildlife and Fisheries for inclusion into the Louisiana Natural
SENATE BILL NO. 394— Areas Registry; to provide for certain conditions; and to provide for
BY SENATOR LENTINI
AN ACT related matters.
To amend and reenact R.S. 48:390(C) and to enact R.S. 48:753(A)(7),
relative to funds; to provide for use of monies from the Parish Reported with amendments.
Transportation Fund for upgrades and repairs to certain railroad
crossings; and to provide for related matters.
Page 20 SENATE 7th DAY'S PROCEEDINGS
April 9, 2001
SENATE BILL NO. 366— SENATE BILL NO. 437—
BY SENATOR MCPHERSON BY SENATOR DARDENNE
AN ACT AN ACT
To authorize and empower the secretary of the Department of To amend and reenact R.S. 17:3048.1(A)(1)(b)(i), relative to the
Transportation and Development to transfer title to certain Tuition Opportunity Program for Students; to provide for the
described parcels of land between the diversion canal and Interstate eligibility requirements for Opportunity Awards; to provide for
49, in the parishes of Rapides, Evangeline, Avoyelles and St. effectiveness; and to provide for related matters.
Landry to the Louisiana Natural Heritage Program within the
Department of Wildlife and Fisheries; to provide for execution of Reported with amendments.
documents; to provide for property use restrictions; to provide for
cooperative endeavor agreements with landowners; and to provide SENATE BILL NO. 438—
for related matters. BY SENATOR DARDENNE
AN ACT
Reported with amendments. To amend and reenact R.S. 17:3048.1(B)(2)(a), relative to the Tuition
Opportunity Program for students; to provide for initial eligibility
SENATE BILL NO. 569— requirement for the TOPS-Tech Award; to provide for
BY SENATOR ULLO effectiveness; and to provide for related matters.
AN ACT
To amend and reenact Section 3 of Act No. 666 of the 1997 Regular Reported favorably.
Session, as amended by Section 2 of Act No. 599 of the 1999
Regular Session, and to amend and reenact R.S. 56: 700.2(A)(4), SENATE BILL NO. 690—
relative to the Underwater Obstruction Removal Fund; to provide BY SENATOR HOYT
for annual deposits into the fund for an additional three years; to AN ACT
provide for a termination date; and to provide for related matters. To amend and reenact R.S. 17:3091(A), 3092(1), (3), (5), (6), (7), (8)
and (9), 3093(D)(1)(f), (g) and (h), 3095(A)(1), (3), (4), and (5)
Reported favorably. and (C), 3096(A), (B)(1), the introductory paragraph of (B)(2),
(C), (D), (E), (F) and (G), 3098(A)(1), the introductory paragraph
SENATE BILL NO. 680— of (A)(2), (B)(2) and (C), 3099(A), (F) and (H), and 3099.1, and
BY SENATOR MCPHERSON R.S. 47:293(6)(a)(vi), to enact R.S. 17:3092(11) and (12), and to
AN ACT repeal R.S. 17:3097, relative to the Louisiana Student Tuition
To authorize and empower the Board of Commissioners of the Red Assistance and Revenue Trust Program; to provide for definitions;
River, Atchafalaya, and Bayou Boeuf Levee District to exchange to provide for administration of the program; to provide for
title to certain properties in Rapides Parish with the Hemphill Star consolidation of accounts into a single account class; to expand
Church and Hemphill Star Cemetery; and to provide for related participation; to provide relative to calculation and payment of
matters. tuition assistance grants; to provide for program incentives; to
provide relative to expenditures for qualified higher education
Reported with amendments. expenses; authorizes the Louisiana Tuition Trust Authority to offer
education savings accounts with alternative investment options; to
SENATE BILL NO. 760— clarify state tax laws relating to the taxation of account deposits;
BY SENATOR MICHOT and to provide for related matters.
AN ACT
To authorize and provide for the state, through the division of Reported with amendments.
administration to transfer certain tracts of land situated in Lafayette
Parish to Our Lady of Lourdes Regional Medical Center; to Respectfully submitted,
provide for preparation of documents; to provide certain terms and GERALD J. THEUNISSEN
conditions; to provide for effective date; and to provide for related Chairman
matters.
Reported favorably.
Senate Bills and Joint Resolutions
on Second Reading
Respectfully submitted, Reported by Committees
CRAIG F. ROMERO
Chairman The following Senate Bills and Joint Resolutions reported by
Committees were taken up and acted upon as follows:
REPORT OF COMMITTEE ON
SENATE BILL NO. 4—
BY SENATOR HINES
EDUCATION A JOINT RESOLUTION
Proposing to amend Article III, Section 2 (A) of the Constitution of
Senator Theunissen, Chairman on behalf of the Committee on Louisiana, to provide for the consideration of certain legislative
Education, submitted the following report: instruments during regular sessions; to provide relative to subject
April 4, 2001 matter limitations for and the duration of regular sessions; to
provide deadlines for the prefiling and introduction of legislation
To the President and Members of the Senate: and for certain legislative action; to provide for the authority of the
legislature as related thereto; to specify an election for submission
I am directed by your Committee on Education to submit the of the proposition to electors and provide a ballot proposition; and
to provide for related matters.
following report:
Reported favorably by the Committee on Senate and Governmental
Affairs. On motion of Senator Ullo, the bill was read by title, ordered
engrossed, and passed to a third reading.
7th DAY'S PROCEEDINGS Page 21 SENATE
April 9, 2001
SENATE BILL NO. 25— On page 2, line 5, after "(xiv)" delete the remainder of the line and insert
BY SENATORS HINES AND SCHEDLER the following:
AN ACT
To amend and reenact R.S. 37:1270.1(C) and (F) and 1360.31(A)(1) "The Louisiana Council of Administrators of Nursing Education."
and (C) and to enact R.S. 37:1360.31(D), relative to physician
assistants; to provide for duties, purpose, and meetings of the AMENDMENT NO. 4
physician assistants advisory committee; to authorize a physician On page 2, line 6, change "Association" to "Alliance"
assistant-certified to prescribe and administer certain drugs and
medical devices to the extent delegated by the supervising AMENDMENT NO. 5
physician under certain circumstances; to authorize a physician On page 2, between lines 6 and 7, insert the following:
assistant-certified to request, receive, and distribute professional
samples at the direction of the supervising physician; to provide an "(xvi) The Louisiana Association of Nurse Anesthetists.
effective date; and to provide for related matters.
(xvii) The Louisiana Organization of Nurse Executives."
Reported with amendments by the Committee on Health and
Welfare. On motion of Senator Schedler, the committee amendment was
adopted. The amended bill was read by title and ordered engrossed and
SENATE COMMITTEE AMENDMENTS passed to a third reading.
Amendments proposed by Senate Committee on Health and Welfare to SENATE BILL NO. 158—
Original Senate Bill No. 25 by Senator Hines BY SENATORS DARDENNE AND ULLO
A JOINT RESOLUTION
AMENDMENT NO. 1 Proposing to amend Article III, Section 2(A) of the Constitution of
On page 3, line 12, change "his" to "a" Louisiana, relative to legislative sessions; to provide for the subject
matter and duration of regular legislative sessions; to provide
AMENDMENT NO. 2 deadlines for the prefiling and introduction of legislation and for
On page 3, line 18, after "et seq" insert "and shall be solely limited to, certain legislative action; to provide for the authority of the
consistent with, and exclusively within the parameters of the legislature as it relates thereto; and to specify an election date for
practice specialty of his supervising physician" submission of the proposition to electors and provide a ballot
proposition.
AMENDMENT NO. 3
On page 3, between lines 25 and 26, insert the following: Reported with amendments by the Committee on Senate and
Governmental Affairs.
"(5) Notwithstanding the provision of R.S. 37:1360.23(H), a
physician shall be the primary supervising physician for no more SENATE COMMITTEE AMENDMENTS
than two physician assistants-certified (PA-Cs) who have been
approved by the board to prescribe and administer drugs and Amendments proposed by Senate Committee on Senate and
medical devices as provided in this Subsection." Governmental Affairs to Original Senate Bill No. 158 by Senator
Dardenne
On motion of Senator Schedler, the committee amendment was
adopted. The amended bill was read by title and ordered engrossed and AMENDMENT NO. 1
passed to a third reading. On page 1, line 2, delete "(2) and (3)"
SENATE BILL NO. 109— AMENDMENT NO. 2
BY SENATORS HINES AND SCHEDLER On page 1, line 3 after "for" delete the remainder of the line and delete
AN ACT lines 4 and 5 in their entirety and insert:
To amend and reenact R.S. 37:1007(A)(1) and(A)(2)(c) and to enact
R.S. 37:1007(A)(2)(a)(xiv), (xv), (xvi), and (xvii), relative to the "the subject matter and duration of regular legislative sessions; to
Nurse Supply and Demand Commission; to increase the provide deadlines for the prefiling and introduction of legislation and for
membership of the commission; to change the voting requirements certain legislative action; to provide for the authority of the legislature
for adding members to the commission; and to provide for related as it relates thereto"
matters.
AMENDMENT NO. 3
Reported with amendments by the Committee on Health and On page 1, line 6, delete "matters"
Welfare.
AMENDMENT NO. 4
SENATE COMMITTEE AMENDMENTS On page 1, line 11, delete "(2) and (3)"
Amendments proposed by Senate Committee on Health and Welfare to AMENDMENT NO. 5
Original Senate Bill No. 109 by Senators Hines and Schedler On page 1, line 14, after "(A)" delete the remainder of the line and
delete lines 15 and 16 in their entirety and insert the following:
AMENDMENT NO. 1
On page 1, line 3, after "(xiv)" delete "and" and insert a comma "," and "(1) Annual Session. (1) The legislature shall meet annually in
after "(xv)" insert ", (xvi), and (xvii)" regular session for a limited number of legislative days in the state
capital. A legislative day is a calendar day on which either house is in
AMENDMENT NO. 2 session.
On page 1, line 9, after "(xiv)" delete "and" and insert "," and after (2) Any bill to be introduced in either house shall be prefiled no
"(xv)" insert ", (xvi), and (xvii)" later than five o'clock in the evening of the Friday before tenth
calendar day prior to the first day of a regular session; thereafter no
AMENDMENT NO. 3 member of the legislature may introduce more than five bills, except
as provided in the joint rules of the legislature. The legislature is
Page 22 SENATE 7th DAY'S PROCEEDINGS
April 9, 2001
authorized to provide by joint rule for the procedures for passage of members of each house and according to the same procedure and
duplicate or companion instruments. formalities required for the passage of a law; except that it shall
(2)(3)(a) All regular sessions convening in odd-numbered even- not be subject to gubernatorial veto or time limitations for
numbered years shall be general in nature and shall convene at noon introduction.
on the last third Monday in March. The legislature shall meet in such * * *"
a session for not more than sixty legislative days during a period of
eighty-five calendar days. No such session shall continue beyond six AMENDMENT NO. 6
o'clock in the evening of the eighty-fifth calendar day after convening. On page 2, delete lines 1 through 27 in their entirety
No new matter intended to have the effect of law shall be introduced
or received by either house after midnight of the thirtieth calendar six AMENDMENT NO. 7
o'clock in the evening of the fifteenth legislative day. No matter On page 3, delete lines 1 through 9 in their entirety
intended to have the effect of law, except a measure proposing a
suspension of law, shall be considered on third reading and final AMENDMENT NO. 8
passage in either house after midnight of the fifty-fifth six o'clock in On page 3, delete lines 13 through 16 in their entirety
the evening of the fifty-seventh legislative day of a regular session,
except by a favorable record vote of two-thirds of the elected members AMENDMENT NO. 9
of each house. On page 3, line 17, change "Section 4" to "Section "3"
(b) No measure levying, authorizing, or increasing a fee by the
state or a statewide political subdivision whose boundaries are AMENDMENT NO. 10
coterminous with the state; dedicating state revenue; levying or On page 3, delete lines 21 through 27 in their entirety and insert:
authorizing a new tax by the state or by any statewide political
subdivision whose boundaries are coterminous with the state, ; "To prohibit the legislature, during regular legislative sessions in odd-
increasing an existing tax by the state or by any statewide political numbered years, from considering legislation which levies, authorizes,
subdivision whose boundaries are coterminous with the state, or or increases a state or statewide tax or fee or which dedicates state
legislating with regard to tax exemptions, exclusions, deductions or revenue; to authorize the legislature, during regular legislative sessions
credits shall be introduced or enacted during a regular session held in in even-numbered years, to consider legislation which levies, authorizes,
an odd-numbered even-numbered year. increases, decreases, or repeals a tax or fee or which dedicates revenue,
(3)(4)(a) All regular sessions convening in even-numbered odd- and local and special bills provided such bills are properly advertised and
numbered years shall convene at noon on the last third Monday in are not otherwise prohibited by the constitution; to allow the legislature,
April. Each such session shall be restricted to the consideration of during regular legislative session in even-numbered years, to consider
legislation which provides for enactment of a general appropriations certain legislation which is not within the subject matter limitations if
bill, implementation of a capital budget, for making an appropriation, such legislation is prefiled, provided each member may not prefile more
levying or authorizing a new tax, increasing an existing tax, legislating than five such instruments; to require prefiling of bills, subject to certain
with regard to tax exemptions, exclusions, deductions, reductions, exceptions, no later than five o'clock on the tenth calendar day prior to
repeal, or credits, or issuing bonds. The legislature shall meet in such the first day of a regular legislative session; to provide for certain time
a session for not more than thirty legislative days in a period of limits for the introduction and consideration on final passage of matters
forty-five calendar days. No such session shall continue beyond six intended to have the effect of law; and to allow the legislature to change
o'clock in the evening of the forty-fifth calendar day after convening. certain procedural matters relating to sessions by a two-thirds vote.
No new matter intended to have the effect of law shall be (Amends Article III, Section 2(A))"
introduced or received by either house after midnight six o'clock in
the evening of the tenth calendar legislative day. No matter intended AMENDMENT NO. 11
to have the effect of law, except a measure proposing a suspension On page 4, delete lines 1 and 2 in their entirety
of law, shall be considered on third reading and final passage in either
house after midnight of the twenty-seventh legislative day of a regular On motion of Senator Ullo, the committee amendment was
session, except by a favorable record vote of two-thirds of the elected adopted. The amended bill was read by title and ordered engrossed and
members of each house. passed to a third reading.
(b) During any session convening in an odd-numbered year,
no matter intended to have the effect of law, including any SENATE BILL NO. 276—
BY SENATOR DARDENNE
suspension of law, shall be introduced or considered unless its AN ACT
object is to enact the General Appropriation Bill; to enact the To amend and reenact R.S. 42:1132(B)(1)(a), to enact R.S.
comprehensive capital budget; to make an appropriation; to levy 42:1132(B)(2)(c), and to repeal R.S. 42:1132(B)(4)(h), all relative
or authorize a new tax; to increase an existing tax; to levy, to the membership of the Board of Ethics; to eliminate the
authorize, increase, decrease, or repeal a fee; to dedicate revenue; requirement that one member appointed by the governor be a
to legislate with regard to tax exemptions, exclusions, deductions, retired or former justice or former judge; to provide for the
reductions, repeals, or credits; or to legislate with regard to the eligibility of certain nominees; and to provide for related matters.
issuance of bonds. However, a legislative instrument intended to
have the effect of law, including a suspension of law, which is not Reported with amendments by the Committee on Senate and
within the subject matter restrictions provided in this Governmental Affairs.
Subparagraph may be considered at any such session if it is either
prefiled as provided in Subparagraph (2) of this paragraph, SENATE COMMITTEE AMENDMENTS
provided that no member may prefile more than five such
instruments; or if its object is to enact a local or special law which Amendments proposed by Senate Committee on Senate and
is required to be and has been advertised in accordance with Governmental Affairs to Original Senate Bill No. 276 by Senator
Section 13 of this Article and which is not prohibited by the Dardenne
provisions of Section 12 of this Article.
(5) Except for the restriction on the number of legislative days AMENDMENT NO. 1
for each regular legislative session, the legislature may modify the On page 1, line 2, after "(a)," insert " to enact R.S. 42:1132(B)(2)(c),
provisions of Subparagraphs (2), (3)(a), and (4)(a) of this and to repeal R.S. 42:1132(B)(4)(h), all"
Paragraph for subsequent annual sessions, and then only by joint
rule adopted by a favorable vote of two -thirds of the elected AMENDMENT NO. 2
7th DAY'S PROCEEDINGS Page 23 SENATE
April 9, 2001
On page 1, line 5, after "judge;" insert "to provide for the eligibility of SENATE BILL NO. 503—
certain nominees;" BY SENATOR HINES
AN ACT
AMENDMENT NO. 3 To amend and reenact R.S. 37:913(5), relative to registered nurses; to
On page 1, line 7, after "reenacted" insert "and R.S. 42:1132(B)(2)(c) revise the definition of "authorized prescriber" to allow such
is hereby enacted" prescribers to prescribe medical devices or appliances; and to
provide for related matters.
AMENDMENT NO. 4
On page 2, after line 4, insert: Reported with amendments by the Committee on Health and
Welfare.
" (2) The governor shall appoint and the House of Representatives
and the Senate shall elect members to the board who shall be SENATE COMMITTEE AMENDMENTS
representative of the state's population as near as practicable and who
shall be from nominees who are selected as follows: Amendments proposed by Senate Committee on Health and Welfare to
Original Senate Bill No. 503 by Senator Hines
* * *
(c) To the extent practicable, at least one member appointed or AMENDMENT NO. 1
elected to the board shall be a retired or former justice of the On page 1, line 4, delete "devices" and insert "medical devices or
Louisiana Supreme Court, or a retired or former judge of a court appliances"
of appeals or district court of this state. All nominees shall be
eligible to serve on the board at the time of the nomination. AMENDMENT NO. 2
On page 1, line 13, delete "devices" and insert "medical devices or
* * * appliances"
Section 2. R.S. 42:1132(B)(4)(h) is hereby repealed. " On motion of Senator Schedler, the committee amendment was
adopted. The amended bill was read by title and ordered engrossed and
On motion of Senator Ullo, the committee amendment was passed to a third reading.
adopted. The amended bill was read by title and ordered engrossed and
passed to a third reading. SENATE BILL NO. 524—
BY SENATOR SCHEDLER AND REPRESENTATIVE DOWNER
AN ACT
SENATE BILL NO. 367— To amend and reenact R.S. 37:1261, 1262(1) and (2), 1266, 1268,
BY SENATOR MARIONNEAUX
AN ACT 1270(A)(1) and (B)(4), 1271, 1272(5), 1275(A), 1275.1(A), the
To amend and reenact R.S. 24:14(G) and to enact R.S. 24:14(K), introductory paragraph of (B) and (B)(4), 1276, 1278, 1280, 1283,
relative to Senate confirmation; to require certain persons 1284, 1285(A)(2), (25), (26), and (29), and 1286(A) and to repeal
appointed to boards and commissions who require Senate R.S. 37:1273 and 1285.1, relative to the practice of medicine; to
confirmation be reconfirmed at the beginning of each legislative recognize equal professional status and privileges of allopathic and
term; and to provide for related matters. osteopathic physicians; to delete specific references to osteopaths;
to provide for meetings and compensation for members of the
Reported with amendments by the Committee on Senate and Louisiana State Board of Medical Examiners; to provide for
Governmental Affairs. powers of the board; to delete reference to a specific medical
examination and recognize and provide for acceptance of national
SENATE COMMITTEE AMENDMENTS medical examinations for licensure and permits to practice
medicine; to delete reference to a specific date for renewal of
Amendments proposed by Senate Committee on Senate and medical licensure; to delete exemptions from jury and military
Governmental Affairs to Original Senate Bill No. 367 by Senator services superceded by law; to repeal the requirement for board
Marionneaux maintenance of examinations and reference to Laetrile; to delete
certain references to midwifery; and to provide for related matters.
AMENDMENT NO. 1
On page 1, line 12 after "or" delete the remainder of the line and delete Reported with amendments by the Committee on Health and
line 13 in its entirety Welfare.
AMENDMENT NO. 2 SENATE COMMITTEE AMENDMENTS
On page 1, line 14, delete "Section, or"
Amendments proposed by Senate Committee on Health and Welfare to
AMENDMENT NO. 3 Original Senate Bill No. 524 by Senator Schedler
On page 1, line 14, after "confirmation" insert ", or who is not
reconfirmed, pursuant to Subsection (K) of this Section, AMENDMENT NO. 1
notwithstanding the provisions of R.S. 42:2," On page 3, at the end of line 23, insert the following:
AMENDMENT NO. 4 "The use of the term "physician" in this Part shall not be
On page 2, line 10, after "term" insert "or at the expiration of their construed to prohibit the use of such term by other health care
appointed term of office. All such appointments shall be completed and providers specifically authorized to use such term by any other law
submitted to the Senate for confirmation no later than the beginning of of this state."
the next regular session of the legislature"
On motion of Senator Schedler, the committee amendment was
On motion of Senator Ullo, the committee amendment was adopted. The amended bill was read by title and ordered engrossed and
adopted. The amended bill was read by title and ordered engrossed and passed to a third reading.
passed to a third reading.
Page 24 SENATE 7th DAY'S PROCEEDINGS
April 9, 2001
SENATE BILL NO. 572— On page 1, line 2, after "registration" delete the remainder of the line
BY SENATOR ULLO and insert the following:
AN ACT
To amend and reenact R.S. 18:1483(7) and (11), relative to election "; to provide relative to registration forms;"
campaign finance; to specify category levels for judicial candidates;
and to provide for related matters. AMENDMENT NO. 3
On page 1, line 6, after "24:53" delete "(I) is" and insert "(A)(4) and (I)
Reported favorably by the Committee on Senate and Governmental are"
Affairs. On motion of Senator Ullo, the bill was read by title, ordered
engrossed, and passed to a third reading. AMENDMENT NO. 4
On page 1, line 6, after "reenacted" insert "and R.S. 24:53(C) and (D)
SENATE BILL NO. 573— are hereby enacted"
BY SENATOR ULLO
AN ACT
To amend and reenact R.S. 42:1157(B), relative to the filing of AMENDMENT NO. 5
delinquency notices by the Board of Ethics; to extend the period On page 1, between lines 9 and 10, insert the following:
for filing delinquency notices; and to provide for related matters.
"A. Each lobbyist shall register with the board within five days of
Reported favorably by the Committee on Senate and Governmental employment as a lobbyist or within five days after the first action
Affairs. On motion of Senator Ullo, the bill was read by title, ordered requiring his registration as a lobbyist. He shall give to the board in
engrossed, and passed to a third reading. writing, on forms provided by it, the following information:
SENATE BILL NO. 574— * * *
BY SENATOR ULLO
AN ACT (4) One copy of A two inch by two inch recent photograph of the
To amend and reenact R.S. 42:1132(B)(2)(a), relative to the registrant made within the prior six months shall be filed with the initial
appointment of members to the Board of Ethics; to require that the registration form for a legislative term.
appointment of the members to the Board of Ethics be made
within sixty days of their nomination; and to provide for related * * *
matters.
C. The information required by Subsection A of this Section shall
Reported with amendments by the Committee on Senate and be filed in triplicate.
Governmental Affairs.
D. The board shall transmit a copy of the registration form to the
SENATE COMMITTEE AMENDMENTS secretary of the Senate and clerk of the House of Representatives. Such
copies shall be maintained in the office of the secretary and the clerk in
Amendments proposed by Senate Committee on Senate and book form."
Governmental Affairs to Original Senate Bill No. 574 by Senator Ullo
AMENDMENT NO. 6
AMENDMENT NO. 1 On page 1, line 11, change "ninety" to "one hundred ten"
On page 2, line 12, after "governor" delete the "(,)" and insert "shall
make an appointment and" On motion of Senator Ullo, the committee amendment was
adopted. The amended bill was read by title and ordered engrossed and
AMENDMENT NO. 2 passed to a third reading.
On page 2, line 13, after "shall" delete "make an appointment" and
insert "elect members" SENATE BILL NO. 576—
BY SENATOR ULLO
On motion of Senator Ullo, the committee amendment was AN ACT
adopted. The amended bill was read by title and ordered engrossed and To amend and reenact R.S. 18:1532(B)(2) and (3), relative to election
passed to a third reading. day expenditure reports; to remove the requirement for reporting
the social security number of each individual to whom money is
SENATE BILL NO. 575— paid for services rendered on election day; and to provide for
BY SENATOR ULLO related matters.
AN ACT
To amend and reenact R.S. 24:53(A)(4) and (I) and to enact R.S. Reported favorably by the Committee on Senate and Governmental
24:53(C) and (D), relative to the lobbyist registration; to provide Affairs. On motion of Senator Ullo, the bill was read by title, ordered
relative to registration forms; to increase the registration fee to engrossed, and passed to a third reading.
cover the cost of administration; and to provide for related matters.
SENATE BILL NO. 634—
Reported with amendments by the Committee on Senate and BY SENATOR ULLO
Governmental Affairs. AN ACT
To amend and reenact R.S. 18:1505.2(I), relative to campaign
SENATE COMMITTEE AMENDMENTS contributions; to authorize political action committees to utilize
campaign contributions for administrative costs and operating
Amendments proposed by Senate Committee on Senate and expenses; and to provide for related matters.
Governmental Affairs to Original Senate Bill No. 575 by Senator Ullo
Reported favorably by the Committee on Senate and Governmental
AMENDMENT NO. 1 Affairs. On motion of Senator Ullo, the bill was read by title, ordered
On page 1, line 2 after "24:53" delete "(I)" and insert "(A)(4) and (I) and engrossed, and passed to a third reading.
to enact R.S. 24:53(C) and (D)
AMENDMENT NO. 2
7th DAY'S PROCEEDINGS Page 25 SENATE
April 9, 2001
SENATE BILL NO. 726— On motion of Senator Michot, the bill was read by title and
BY SENATORS HINES AND SCHEDLER withdrawn from the files of the Senate.
AN ACT
To amend and reenact R.S. 40:961(33), relative to advanced practice Special Order of the Day
registered nurses; to provide relative to controlled dangerous
substances; to provide relative to the definition of "prescription"
relative to such substances; to include advanced practice registered The following Senate Bill on Third Reading and Final Passage,
nurses in such definition; and to provide for related matters. which was made Special Order of the Day No. 1, was taken up and
acted upon as follows:
Reported favorably by the Committee on Health and Welfare. On
motion of Senator Schedler, the bill was read by title, ordered engrossed, SENATE BILL NO. 384—
BY SENATOR C. FIELDS
and passed to a third reading. AN ACT
To amend and reenact R.S. 45:811, relative to prohibited practices; to
Rules Suspended prohibit telemarketing sales calls after a certain time; to provide for
the solicitation of information for commercial purposes; and to
Senator Lentini asked for and obtained a suspension of the rules for provide for related matters.
the purpose of recalling Senate Bill No. 27 from the Committee on
Insurance. Floor Amendments Sent Up
SENATE BILL NO. 27— Senator C. Fields sent up floor amendments which were read.
BY SENATOR LENTINI
AN ACT
To amend and reenact R.S. 22:2105(B)(2)(c) and to enact R.S. SENATE FLOOR AMENDMENTS
32:1254(N)(2)(e), relative to automobile insurance; to provide for
automobile insurance coverage of a rental motor vehicle; and to Amendments proposed by Senator C. Fields to Original Senate Bill No.
provide for related matters. 384 by Senator C. Fields
On motion of Senator Lentini, the bill was read by title and AMENDMENT NO. 1
withdrawn from the files of the Senate. On page 1, line 2, after "45:811" delete the remainder of the line and
insert in lieu thereof the following:
Rules Suspended "and to enact Chapter 8-H of Title 45 of the Louisiana Revised Statutes
of 1950, to be comprised of R.S. 45:844.11 through 844.15, relative to
Senator Michot asked for and obtained a suspension of the rules for telephone solicitation; to provide for a "do not call" listing of residential
the purpose of recalling Senate Bill No. 184 from the Committee on telephone subscribers; to provide for listing procedures; to prohibit
Commerce and Consumer Protection. certain acts; to provide for notification; to provide for penalties for
violations; to prohibit"
SENATE BILL NO. 184—
BY SENATOR MICHOT
AN ACT AMENDMENT NO. 2
To enact R.S. 36:109(J) and Chapter 59 of Title 37 of the Louisiana On page 3, after line 13, insert the following:
Revised Statutes of 1950, to be comprised of R.S. 37:3651
through 3669, relative to the installation, maintenance, and repair "Section 2. Chapter 8-H of Title 45 of the Louisiana Revised
of heating and air conditioning, refrigeration, ventilation, or Statutes of 1950, comprised of R.S. 45:844.11 through 844.15, is
process cooling or heating systems; to provide for licensure; to hereby enacted to read as follows:
create the Louisiana Heating, Ventilation, Air Conditioning, and CHAPTER 8-H. TELEPHONE SOLICITATION RELIEF ACT OF
Refrigeration Licensing Board within the Department of Economic 2001
Development; to provide for the membership, terms, and duties of Chapter 8-H is all proposed new law.
said board; to provide with respect to licensure by or registration §844.11. Legislative findings
with the board; to provide for requirements and fees for licensure R.S. 45:844.11 is all proposed new law.
or registration; to provide relative to denial, suspension, or Because the legislature recognizes that becoming a residential
revocation of licensure or registration; to provide relative to telephone subscriber should not undermine or lessen a person's right of
violations and penalties; to provide with respect to local; permits privacy, it finds that there is a compelling state interest to protect the
and licensure; and to provide for related matters. privacy of such subscribers who wish to avoid unsolicited and unwanted
telephone solicitations by enacting the "Telephone Solicitation Relief
On motion of Senator Michot, the bill was read by title and Act of 2001".
withdrawn from the files of the Senate. §844.12. Definitions
R.S. 45:844.12 is all proposed new law.
As used in this Chapter, the following terms and phrases shall have
Rules Suspended the meanings hereinafter ascribed to them:
A. "Commission" means the Louisiana Public Service
Senator Michot asked for and obtained a suspension of the rules for Commission.
the purpose of recalling Senate Bill No. 354 from the Committee on B. "Telephone solicitation" means any voice communication made
Natural Resources. by a telephone solicitor to a residential telephone subscriber for the
purpose of encouraging a sale or rental of, or investment in property,
SENATE BILL NO. 354— consumer goods, or services; or for the purpose of encouraging an
BY SENATOR MICHOT
AN ACT extension of credit for property, consumer goods, or services; or for the
To amend and reenact R.S. 56:325.1(A)(2)(a), (B)(1) and (2), and purpose of obtaining information that will or may be used for the direct
(C)(2)(a) and (b), relative to red drum; to reduce the minimum size solicitation of a sale or rental of, or investment in property, consumer
for red drum; to provide for a daily possession limit of eight red goods, or services or an extension of credit for such purposes, or for the
drum; and to provide for related matters. solicitation of a contribution to a charitable organization, but does not
include telephone communications:
(1) In response to an express request of the person called.
Page 26 SENATE 7th DAY'S PROCEEDINGS
April 9, 2001
(2) Primarily in connection with an existing debt or contract, the subscriber's local exchange company. This listing shall be renewed
payment or performance of which has not been completed at the time by the commission annually for each subscriber, unless the local
of such call. exchange company receives written notice from the subscriber to
(3) To any person with whom the telephone solicitor has an remove him from the "do not call" list.
existing business relationship. (b) Any residential telephone subscriber whose number is private
(4) On behalf of an organization which has nonprofit status under shall automatically be placed on his local exchange company's "do not
Section 501(C)(3) or (6) of the Internal Revenue Code, unless such call" list, unless the subscriber gives written notification to the local
organization utilizes the services of a paid professional solicitor as exchange company to remove his number from the "do not call" list.
defined in R.S. 51:1901(6). (2) The local exchange companies shall update its "do not call" list
(5) For the purpose of conducting marketing research, public quarterly. The list shall include the telephone numbers, but not the
opinion polling, or similar activities that do not involve telephone names or addresses, of residential telephone subscribers, arranged by
solicitation or selling, or area code and numerical sequence, who do not want to receive
(6) Constituting political activity. telephone solicitations, as defined in this Chapter.
C. "Telephone solicitor" means any natural person, firm, (3)(a) Telephone solicitors, as defined in this Chapter, doing
organization, partnership, association, or corporation, or a subsidiary or business in this state shall obtain copies of the "do not call" listing by
affiliate thereof, doing business in this state, who makes or causes to be paying a fee to the local exchange companies in an amount not to
made a telephone solicitation, including but not limited to calls made by exceed the costs incurred by the local exchange company in the
use of automated dialing or recorded message devices. presentation, production, and distribution of that listing. The local
D. "Residential telephone subscriber" means any natural person exchange company shall offer a statewide listing and shall also offer
who has subscribed to residential telephone service from a local listings of areas within the state of their subscribers. The determination
exchange company, or any other natural person living or residing with of the number and definition of areas shall be within the discretion of
such person. the local exchange companies.
E. "Doing business in this state" means conducting a telephone (b) In order to obtain copies of the "do not call" listing, a telephone
solicitation either from a location within this state, or from a location solicitor shall, in addition to paying the applicable fees to the local
outside of this state to residential telephone subscribers residing in this exchange company, register with the commission and provide all
state. necessary documentation as required by the local exchange company.
§844.13. Duties of the commission Such telephone solicitor, as defined in this Chapter, shall also be
R.S. 45:844.13 is all proposed new law. required to maintain a bond in the amount of fifty thousand dollars as
A. The commission shall direct each local exchange company to provided in R.S. 45:829(A) and file a copy of such bond with the
establish and provide for the operation of a data base to compile a list of commission.
telephone numbers of residential telephone subscribers who object to (4) All fees and penalties imposed pursuant to this Section, other
receiving telephone solicitations. It shall be the duty of the commission than those provided in paragraph 3(a) of this Section, shall be made
to ensure that each local exchange company shall have such data base payable to the Louisiana Public Service Commission for the
in operation no later than January 1, 2002. administration of this Chapter.
B. Each data base shall be regulated by the commission and B. No person or entity that sells, leases, or rents telephone
maintained and operated by each local exchange company. solicitation listings, except for directory assistance and telephone
C. No later than January 1, 2002, the commission shall promulgate directories sold or distributed by local exchange companies or their
rules that: affiliates, shall include in such listings any residential telephone number
(1) Require each local exchange company to notify its residential if the number for that telephone appears on the commission's then
telephone subscribers of the opportunity to provide notification to the current "do not call" listing.
commission or its contractor that such subscriber objects to receiving §844.15. Violations; penalties
telephone solicitations. The forms of notification shall include, but not R.S. 45:844.15 is all proposed new law.
be limited to, conspicuous monthly notices printed directly on the billing The commission shall investigate any complaints received
statements mailed to its residential telephone subscribers, and concerning violations of this Chapter. If, after investigating such
conspicuous publication of the notice in the consumer information pages complaint, the commission finds that there has been a violation of this
of the local telephone directories. Chapter, then the commission shall impose an administrative penalty
(2) Direct each local exchange company to establish a toll-free against the telephone solicitor not to exceed one thousand five hundred
telephone number that each residential telephone subscriber may call to dollars for each violation. If the violation is committed against a
give it notice of his objection to receiving such telephone solicitations or residential telephone subscriber over the age of sixty-five, then the
revocation of such notice. commission shall impose a penalty not to exceed three thousand dollars
(3) Specify the length of time for which a notice of objection shall for each violation.
be effective and the effect of a change of a telephone number on such Section 3. This Act shall become effective upon signature by the
notice. governor or, if not signed by the governor, upon expiration of the time
(4) Specify the methods by which such objections and revocations for bills to become law without signature of the governor, as provided
shall be collected and added to the data base. in Article III, Section 18 of the Constitution of Louisiana. If vetoed by
(5) Specify the methods by which any person or entity desiring to the governor and subsequently approved by the legislature, this Act shall
make telephone solicitations will obtain access to the data base as become effective on the day following such approval."
required to avoid calling the telephone numbers of residential telephone
subscribers included in the data base. Floor Amendments Sent Up
(6) Specify such other matters relating to the data base that the
commission deems desirable. Senator C. Fields sent up floor amendments which were read.
D. If, pursuant to 47 U.S.C. Section 227(c)(3), the Federal
Communications Commission establishes a single national data base of SENATE FLOOR AMENDMENTS
telephone numbers of subscribers who object to receiving telephone
solicitations, the commission shall include the part of such single Amendments proposed by Senator C. Fields to Engrossed Senate Bill
national data base that relates to Louisiana in the data base established No. 384 by Senator C. Fields
under this Chapter.
§844.14. Listing procedures; prohibited acts AMENDMENT NO. 1
R.S. 45:844.14 is all proposed new law. On page 1, line 2, between "45:811" and the comma ",", insert the
A.(1)(a) Any residential telephone subscriber desiring to be placed following: "and to enact R.S. 45:821.1"
on a "do not call" list shall be placed on that listing upon notification to
7th DAY'S PROCEEDINGS Page 27 SENATE
April 9, 2001
AMENDMENT NO. 2 On page 2, line 4, change "6:00 p.m." to "8:00 p.m."
On page 1, line 4, between "purposes;" and "and to", insert the
following: AMENDMENT NO. 2
On page 2, line 5, change "6:00 p.m." to "8:00 p.m."
"to provide for certain practices involved in phone solicitations;"
AMENDMENT NO. 3
AMENDMENT NO.3 On page 3, line 13, change "6:00 p.m." to "8:00 p.m."
On page 3, below line 13, insert the following:
Senator C. Fields moved adoption of the amendments.
"§821.1 Method of operation
R.S. 45:821.1 is all proposed new law. Senator Dean objected.
A. Every live operator conducting a telemarketing sales call shall
do each of the following when making a sales call: ROLL CALL
(1) Immediately state his name, the name of the business
organization being represented, and the purpose of the call; and The roll was called with the following result:
(2) Make an inquiry at the beginning of each call as to whether the
person being called consents to the telephone solicitation being made. YEAS
B. If the individual receiving a telemarketing sales call requests to
be taken off the contact list of the business organization, the operator Bajoie Fontenot Marionneaux
shall refrain from calling that person again and take all steps necessary Bean Gautreaux Michot
to have that individual's name and telephone number removed from the Boissiere Heitmeier Mount
contact records of the business organization so that the person will not Cain Hines Romero
be contacted again by the business or organization. Compliance with Campbell Hoyt Schedler
Section 310.4 of the Federal Trade Commission's Telemarketing Sales Chaisson Irons Smith
Rule shall constitute compliance with this Section." Cravins Johnson Tarver
Dardenne Jones, B Theunissen
Senator C. Fields moved adoption of the amendments. Dupre Jones, C Thomas
Ellington Lambert Ullo
Senator Dean objected. Fields, C Lentini
Total—32
ROLL CALL NAYS
The roll was called with the following result: Mr. President Dean
Barham Hollis
YEAS Total—4
ABSENT
Mr. President Fields, C Lambert
Bajoie Fontenot Lentini Fields, W Malone McPherson
Bean Gautreaux Marionneaux Total—3
Boissiere Heitmeier Mount
Cain Hines Romero The Chair declared the amendments were adopted.
Campbell Hollis Schedler
Chaisson Hoyt Smith The bill was read by title. Senator C. Fields moved final passage
Cravins Irons Tarver of the amended bill.
Dardenne Johnson Theunissen
Dupre Jones, B Thomas ROLL CALL
Ellington Jones, C Ullo
Total—33 The roll was called with the following result:
NAYS
YEAS
Dean Michot
Total—2 Barham Fontenot Lentini
ABSENT Bean Gautreaux McPherson
Boissiere Heitmeier Michot
Barham Malone Cain Hines Mount
Fields, W McPherson Campbell Hollis Romero
Total—4 Chaisson Hoyt Schedler
Cravins Irons Smith
The Chair declared the amendments were adopted. Dardenne Johnson Tarver
Dupre Jones, B Theunissen
Floor Amendments Sent Up Ellington Jones, C Thomas
Fields, C Lambert Ullo
Senator C. Fields sent up floor amendments which were read. Total—33
NAYS
SENATE FLOOR AMENDMENTS
Dean
Amendments proposed by Senator C. Fields to Engrossed Senate Bill Total—1
No. 384 by Senator C. Fields ABSENT
AMENDMENT NO. 1 Mr. President Fields, W Marionneaux
Page 28 SENATE 7th DAY'S PROCEEDINGS
April 9, 2001
Bajoie Malone SENATE FLOOR AMENDMENTS
Total—5
Amendments proposed by Senator Fontenot to Engrossed Senate Bill
The Chair declared the amended bill was passed. The title was No. 397 by Senator Fontenot
read and adopted. Senator C. Fields moved to reconsider the vote by
which the bill was passed and laid the motion on the table. AMENDMENT NO. 1
On page 2, line 10 after "other" delete the rest of the line and delete line
Senator Dardenne in the Chair 11 and insert "legal entity."
Senate Concurrent Resolutions On motion of Senator Fontenot, the amendments were adopted.
on Second Reading Floor Amendments Sent Up
Reported by Committees
Senator Fontenot sent up floor amendments which were read.
The following Senate Concurrent Resolutions reported by
Committees were taken up and acted upon as follows: SENATE FLOOR AMENDMENTS
SENATE CONCURRENT RESOLUTION NO. 20— Amendments proposed by Senator Fontenot to Engrossed Senate Bill
BY SENATOR HINES
A CONCURRENT RESOLUTION No. 397 by Senator Fontenot
To create the Louisiana Stroke Treatment Task Force to study the
feasibility of developing and implementing a comprehensive AMENDMENT NO. 1
statewide education program on stroke prevention targeted to high- On page 1, line 14, after “issuer” insert “and shall include any employee
risk populations and to geographic areas where there is a high or other agent or authorized user of such person”
incidence of stroke.
AMENDMENT NO. 2
Reported with amendments by the Committee on Health and On page 2, line 18, after “reproduction of” insert “either”
Welfare.
AMENDMENT NO. 3
SENATE COMMITTEE AMENDMENTS On page 2, delete line 20 and on line 21, delete “writing” and insert
“thereof or (ii) the credit card expiration date, on any receipt”
Amendments proposed by Senate Committee on Health and Welfare to
Original Senate Concurrent Resolution No. 20 by Senator Hines, et al On motion of Senator Fontenot, the amendments were adopted.
AMENDMENT NO. 1 Floor Amendments Sent Up
On page 4, between lines 27 and 28, insert the following:
Senator C. Fields sent up floor amendments which were read.
"(27) A representative of the Minority Health Affairs
Commission." SENATE FLOOR AMENDMENTS
AMENDMENT NO. 2 Amendments proposed by Senator W. Fields to Engrossed Senate Bill
On page 5, lines 22 and 24, change "2002" to "2003" No. 397 by Senators Fontenot and Hollis
On motion of Senator Schedler, the committee amendment was AMENDMENT NO. 1
adopted. On page 3, at the end of line 9, change "2004" to "2003"
Motion On motion of Senator C. Fields, the amendments were adopted.
On motion of Senator Hines, Senate Concurrent Resolution No. 20 The bill was read by title. Senator Fontenot moved final passage
was made Special Order of the Day, No. 1 on Thursday, April 19, 2001 of the amended bill.
immediately following the Morning Hour.
ROLL CALL
Senate Bills and Joint Resolutions on The roll was called with the following result:
Third Reading
and Final Passage YEAS
The following Senate Bills and Joint Resolutions on third reading Mr. President Fields, C Lentini
and final passage were taken up and acted upon as follows: Bajoie Fontenot Marionneaux
Barham Gautreaux Michot
SENATE BILL NO. 397— Bean Heitmeier Mount
BY SENATORS FONTENOT AND HOLLIS Boissiere Hines Romero
AN ACT Cain Hollis Schedler
To enact R.S. 9:3518.3, relative to consumer credit transactions; to Campbell Hoyt Smith
provide with respect to electronic printing of credit card receipts; Chaisson Johnson Tarver
to provide penalties for violations; and to provide for related Dardenne Jones, B Theunissen
matters. Dupre Jones, C Thomas
Ellington Lambert Ullo
Floor Amendments Sent Up Total—33
NAYS
Senator Fontenot sent up floor amendments which were read.
7th DAY'S PROCEEDINGS Page 29 SENATE
April 9, 2001
Dean Irons The bill was read by title. Senator Fontenot moved the final
Total—2 passage of the bill.
ABSENT
ROLL CALL
Cravins Malone
Fields, W McPherson The roll was called with the following result:
Total—4
YEAS
The Chair declared the amended bill was passed. The title was
read and adopted. Senator Fontenot moved to reconsider the vote by Mr. President Fields, C Lentini
which the bill was passed and laid the motion on the table. Bajoie Fontenot Marionneaux
Barham Gautreaux McPherson
Personal Privilege Bean Heitmeier Mount
Boissiere Hines Romero
Senator Irons asked for and obtained the floor of the Senate on a Cain Hollis Schedler
point of personal privilege, and stated she had voted in error on Senate Campbell Hoyt Smith
Bill No. 397. She voted nay on the bill and had intended to vote yea. She Chaisson Irons Tarver
asked that the Official Journal so state. Dardenne Johnson Theunissen
Dean Jones, B Thomas
SENATE BILL NO. 418— Dupre Jones, C Ullo
BY SENATOR SCHEDLER Ellington Lambert
AN ACT Total—35
To amend and reenact R.S. 12:982.1, relative to dentists; to provide for NAYS
professional limited liability companies; to authorize formation of
a limited liability company by a single dentist; and to provide for Total—0
related matters. ABSENT
The bill was read by title. Senator Schedler moved the final Cravins Malone
passage of the bill. Fields, W Michot
Total—4
ROLL CALL
The Chair declared the bill was passed. The title was read and
The roll was called with the following result: adopted. Senator Fontenot moved to reconsider the vote by which the
bill was passed and laid the motion on the table.
YEAS
SENATE BILL NO. 703—
Mr. President Fields, C Lentini BY SENATOR MALONE
Bajoie Fontenot Marionneaux AN ACT
Barham Gautreaux Michot To amend and reenact R.S. 51:423(A), relative to unfair sales practices;
Bean Heitmeier Mount to prohibit the sale of information by retail or wholesale grocers
Boissiere Hines Romero concerning customers derived from the issuance to and use of
Cain Hollis Schedler certain cards by customers; and to provide for related matters.
Campbell Hoyt Smith
Chaisson Irons Tarver On motion of Senator Malone, the bill was read by title and
Dardenne Johnson Thomas returned to the Calendar, subject to call.
Dean Jones, B Ullo
Dupre Jones, C SENATE BILL NO. 496—
BY SENATOR SCHEDLER
Ellington Lambert AN ACT
Total—34 To amend and reenact R.S. 17:3801(C)(1) and 3802(C)(4), relative to
NAYS the Louisiana Education Quality Trust Fund; to provide for use of
monies in the fund for payment of investment management and
Total—0 administrative costs; and to provide for related matters.
ABSENT
The bill was read by title. Senator Schedler moved the final
Cravins Malone Theunissen passage of the bill.
Fields, W McPherson
Total—5
ROLL CALL
The Chair declared the bill was passed. The title was read and
adopted. Senator Schedler 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
SENATE BILL NO. 501—
BY SENATOR FONTENOT Mr. President Fields, C Marionneaux
AN ACT Bajoie Fontenot McPherson
To enact R.S. 32:418, relative to driver licenses; to authorize certain Barham Gautreaux Michot
persons to register with the United States Selective Service when Bean Heitmeier Mount
applying for a driver's license or identification card; to require the Boissiere Hines Romero
office of motor vehicles to electronically forward certain Cain Hollis Schedler
information to the Selective Service System; to provide for an Campbell Hoyt Smith
effective date; and to provide for related matters. Chaisson Irons Tarver
Page 30 SENATE 7th DAY'S PROCEEDINGS
April 9, 2001
Cravins Johnson Theunissen SENATE BILL NO. 674—
Dardenne Jones, B Thomas BY SENATORS B. JONES, DARDENNE AND GAUTREAUX AND
REPRESENTATIVES LANCASTER AND MONTGOMERY
Dean Jones, C Ullo AN ACT
Dupre Lambert To enact R.S. 47:1542.2, relative to authorizing the secretary of the
Ellington Lentini Department of Revenue to request records in machine-sensible
Total—37 format; and to provide for related matters.
NAYS
The bill was read by title. Senator B. Jones moved the final
Total—0 passage of the bill.
ABSENT
Fields, W Malone ROLL CALL
Total—2
The roll was called with the following result:
The Chair declared the bill was passed. The title was read and
adopted. Senator Schedler moved to reconsider the vote by which the YEAS
bill was passed and laid the motion on the table.
Mr. President Fields, C Marionneaux
Bajoie Fontenot McPherson
Mr. President in the Chair Barham Gautreaux Michot
Bean Heitmeier Mount
SENATE BILL NO. 578— Boissiere Hines Romero
BY SENATOR ULLO
AN ACT Cain Hollis Schedler
To enact R.S. 39:1651.1, relative to state procurement; to require that Campbell Hoyt Smith
bid specifications for the purchase or use of shrimp be by count Chaisson Irons Tarver
size; and to provide for related matters. Cravins Johnson Theunissen
Dardenne Jones, B Thomas
The bill was read by title. Senator Ullo moved the final passage of Dean Jones, C Ullo
the bill. Dupre Lambert
Ellington Lentini
ROLL CALL Total—37
NAYS
The roll was called with the following result: Total—0
ABSENT
YEAS
Fields, W Malone
Mr. President Fields, C Marionneaux Total—2
Bajoie Fontenot McPherson
Barham Gautreaux Michot The Chair declared the bill was passed. The title was read and
Bean Heitmeier Mount adopted. Senator B. Jones moved to reconsider the vote by which the
Boissiere Hines Romero bill was passed and laid the motion on the table.
Cain Hollis Schedler
Campbell Hoyt Smith SENATE BILL NO. 675—
Chaisson Irons Tarver BY SENATORS B. JONES, DARDENNE AND GAUTREAUX AND
Cravins Johnson Theunissen REPRESENTATIVES LANCASTER AND MONTGOMERY
Dardenne Jones, B Thomas AN ACT
Dean Jones, C Ullo To amend and reenact R.S. 47:116(A) and 118(A) and (D) and R.S.
Dupre Lambert 47:120.1(A), the introductory paragraph of R.S. 47:120.1 (D), and
Ellington Lentini R.S. 47:120.1(G)(1), relative to income tax; to change the
Total—37 requirement that a declaration of estimated individual income tax
NAYS be filed and paid; to provide for failure of corporations to pay
estimated income taxes; and to provide for related matters.
Total—0
ABSENT Floor Amendments Sent Up
Fields, W Malone Senator Lambert sent up floor amendments which were read.
Total—2
SENATE FLOOR AMENDMENTS
The Chair declared the bill was passed. The title was read and
adopted. Senator Ullo moved to reconsider the vote by which the bill Amendments proposed by Senator Lambert on behalf of the Legislative
was passed and laid the motion on the table. Bureau to Engrossed Senate Bill No. 675 by Senator B. Jones
Rules Suspended AMENDMENT NO. 1
On page 2, line 17, following "Subsections," changed "the the" to "the"
Senator B. Jones asked for and obtained a suspension of the rules
for the purpose of taking up the following bills out of their regular order On motion of Senator Lambert, the amendments were adopted.
and acting upon them as follows.
The bill was read by title. Senator B. Jones moved final passage of
the amended bill.
7th DAY'S PROCEEDINGS Page 31 SENATE
April 9, 2001
ROLL CALL Total—37
NAYS
The roll was called with the following result:
Total—0
YEAS ABSENT
Mr. President Ellington Marionneaux Fields, W Irons
Bajoie Fields, C McPherson Total—2
Bean Gautreaux Mount
Boissiere Heitmeier Romero The Chair declared the bill was passed. The title was read and
Cain Hines Schedler adopted. Senator B. Jones moved to reconsider the vote by which the
Campbell Hollis Smith bill was passed and laid the motion on the table.
Chaisson Hoyt Tarver
Cravins Johnson Theunissen SENATE BILL NO. 669—
BY SENATORS B. JONES, DARDENNE AND GAUTREAUX AND
Dardenne Jones, B Thomas REPRESENTATIVES HAMMETT, LANCASTER, MONTGOMERY AND
Dean Jones, C Ullo GARY SMITH
Dupre Lentini AN ACT
Total—32 To enact R.S. 47:1574.1, relative to taxes; to provide for a cease and
NAYS desist of business action for the secretary of the Department of
Revenue for failure to pay certain taxes and related amounts; and
Fontenot Malone to provide for related matters.
Lambert Michot
Total—4 The bill was read by title. Senator B. Jones moved the final
ABSENT passage of the bill.
Barham Fields, W Irons ROLL CALL
Total—3
The roll was called with the following result:
The Chair declared the amended bill was passed. The title was
read and adopted. Senator B. Jones moved to reconsider the vote by YEAS
which the bill was passed and laid the motion on the table.
Mr. President Ellington Lentini
Personal Privilege Bajoie Gautreaux Mount
Barham Heitmeier Romero
Senator Barham asked for and obtained the floor of the Senate on Bean Hines Schedler
a point of personal privilege, and stated he appeared as absent on the Cain Hollis Smith
vote on Senate Bill No. 675. He had intended to vote yea on the bill. He Chaisson Hoyt Tarver
asked that the Official Journal so state. Dardenne Johnson Theunissen
Dean Jones, B Thomas
SENATE BILL NO. 665— Dupre Jones, C Ullo
BY SENATORS B. JONES, DARDENNE AND GAUTREAUX AND Total—27
REPRESENTATIVES HAMMETT, LANCASTER, MONTGOMERY AND
GARY SMITH NAYS
AN ACT
To amend and reenact R.S. 14:71(B) and to enact R.S. 14:71(A)(1)(e), Campbell Fontenot Marionneaux
relative to issuing worthless checks; to make the issuance and non- Cravins Lambert Michot
payment of certain checks, drafts, or orders a crime; and to provide Fields, C Malone
for related matters. Total—8
ABSENT
The bill was read by title. Senator B. Jones moved the final
passage of the bill. Boissiere Irons
Fields, W McPherson
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 B. Jones moved to reconsider the vote by which the
YEAS bill was passed and laid the motion on the table.
Mr. President Fields, C Marionneaux SENATE BILL NO. 658—
BY SENATORS B. JONES, DARDENNE AND GAUTREAUX AND
Bajoie Fontenot McPherson REPRESENTATIVES LANCASTER, MONTGOMERY AND GARY SMITH
Barham Gautreaux Michot AN ACT
Bean Heitmeier Mount To amend R.S. 47:1580(A)(4), relative to taxes; to provide for the
Boissiere Hines Romero suspension or interruption of prescription upon the filing of certain
Cain Hollis Schedler returns; and to provide for related matters.
Campbell Hoyt Smith
Chaisson Johnson Tarver Floor Amendments Sent Up
Cravins Jones, B Theunissen
Dardenne Jones, C Thomas Senator B. Jones sent up floor amendments which were read.
Dean Lambert Ullo
Dupre Lentini SENATE FLOOR AMENDMENTS
Ellington Malone
Page 32 SENATE 7th DAY'S PROCEEDINGS
April 9, 2001
Amendments proposed by Senator B. Jones to Engrossed Senate Bill The bill was read by title. Senator B. Jones moved the final
No. 658 by Senator B. Jones passage of the bill.
AMENDMENT NO. 1 ROLL CALL
On page 2, delete line 4 and 5 in their entirety and insert in lieu thereof:
"return adds or omits facts, circumstances, or conditions through The roll was called with the following result:
intentional concealment, camouflage, or subterfuge which result in a
material misstatement or". YEAS
On motion of Senator B. Jones, the amendments were adopted. Mr. President Fields, C Lentini
Bajoie Fontenot Malone
On motion of Senator B. Jones, the amended bill was read by title Barham Gautreaux Marionneaux
and returned to the Calendar, subject to call. Boissiere Heitmeier McPherson
Cain Hines Mount
SENATE BILL NO. 659— Campbell Hollis Romero
BY SENATORS B. JONES, DARDENNE AND GAUTREAUX AND
REPRESENTATIVES HAMMETT, LANCASTER, MONTGOMERY AND Chaisson Hoyt Schedler
GARY SMITH Cravins Irons Smith
AN ACT Dardenne Johnson Tarver
To amend R.S. 47:1580(C), relative to taxes; to provide for the Dean Jones, B Theunissen
interruption of prescription for failure to file a return; and to Dupre Jones, C Thomas
provide for related matters. Ellington Lambert Ullo
Total—36
The bill was read by title. Senator B. Jones moved the final NAYS
passage of the bill.
Bean
ROLL CALL Total—1
ABSENT
The roll was called with the following result:
Fields, W Michot
YEAS Total—2
Mr. President Gautreaux Lentini The Chair declared the bill was passed. The title was read and
Barham Heitmeier McPherson adopted. Senator B. Jones moved to reconsider the vote by which the
Bean Hines Mount bill was passed and laid the motion on the table.
Cain Hoyt Romero
Chaisson Irons Smith SENATE BILL NO. 660—
Cravins Johnson Theunissen BY SENATORS B. JONES, DARDENNE AND GAUTREAUX AND
REPRESENTATIVES LANCASTER, MONTGOMERY AND GARY SMITH
Dardenne Jones, B Ullo AN ACT
Dupre Jones, C To amend and reenact R.S. 47:1604 and 1604.2, relative to taxes; to
Total—23 define further false, fraudulent, or grossly incorrect returns; to
NAYS provide for a civil penalty for paying certain tax due on a return
with certain instruments which are worthless; to provide for a
Bajoie Fontenot Michot presumption of an intention to defraud; and to provide for related
Boissiere Hollis Tarver matters.
Campbell Lambert Thomas
Dean Malone On motion of Senator B. Jones, the bill was read by title and
Fields, C Marionneaux returned to the Calendar, subject to call.
Total—13
ABSENT SENATE BILL NO. 657—
BY SENATORS B. JONES, DARDENNE AND GAUTREAUX AND
Ellington Fields, W Schedler REPRESENTATIVES LANCASTER, MONTGOMERY AND GARY SMITH
Total—3 AN ACT
To enact R.S. 47:296.2, relative to taxes; to provide for a rule to cease
The Chair declared the bill was passed. The title was read and business activity and suspend certain state-granted authority to do
adopted. Senator B. Jones moved to reconsider the vote by which the certain businesses for willful failure to pay certain assessments and
bill was passed and laid the motion on the table. judgments; and to provide for related matters.
SENATE BILL NO. 678— Floor Amendments Sent Up
BY SENATORS B. JONES, DARDENNE AND GAUTREAUX AND
REPRESENTATIVES HAMMETT, LANCASTER, MONTGOMERY AND
GARY SMITH Senator B. Jones sent up floor amendments which were read.
AN ACT
To amend and reenact R.S. 26:78(A), 80(A)(10) and (E), 86, 278(A), SENATE FLOOR AMENDMENTS
280(A)(9) and (E), and 283, R.S. 27:306(F) and (H)1, and
310(B)(1)(e), R.S. 39:1594(G), R.S. 47:9050(B)(2), and 9060(D), Amendments proposed by Senator B. Jones to Engrossed Senate Bill
and to enact R.S. 38:2216(N), R.S. 39:1498(A)(10) and 1616(5), No. 657 by Senator B. Jones
R.S. 47:9(C), and R.S. 48:255(G), relative to tax clearances; to
expand the need for tax clearances to certain businesses and certain AMENDMENT NO. 1
taxes; to require a tax clearance upon the renewal of certain On page 4, between lines 6 and 7, insert the following:
licenses; and to provide for related matters.
7th DAY'S PROCEEDINGS Page 33 SENATE
April 9, 2001
"H. In the case of a spouse who qualifies for liability relief under Message from the House
the innocent spouse provisions in R.S. 47:101(B)(7), the provisions of
this Section shall not apply." ASKING CONCURRENCE IN
HOUSE BILLS AND JOINT RESOLUTIONS
AMENDMENT NO. 2
On page 4, at the beginning of line 7, change the letter "H" to "I". April 9, 2001
AMENDMENT NO. 3 To the Honorable President and Members of the Senate:
On page 4, at the beginning of line 18, change the letter "I" to "J".
I am directed to inform your honorable body that the House of
AMENDMENT NO. 4 Representatives has finally passed and asks your concurrence in the
On page 4, at the beginning of line 20, change the letter "J" to "K". following House Bills and Joint Resolutions:
On motion of Senator B. Jones, the amendments were adopted. HOUSE BILL NO. 980—
BY REPRESENTATIVE TRICHE
The bill was read by title. Senator B. Jones moved final passage of AN ACT
the amended bill. To amend and reenact R.S. 9:315.40(4), (5), and (8), 315.41,
315.42(B), 315.43, 315.44(A)(introductory paragraph) and (3),
ROLL CALL 315.45, and 315.47, to enact R.S. 9:315.40(9), and to repeal R.S.
9:315.48, relative to administrative suspension of licenses for
The roll was called with the following result: nonpayment of child support; to extend the authority of the
Department of Social Services, Support Enforcement Services
YEAS Program, office of family support, to suspend motor vehicle
operator licenses and professional, occupational, business, or
Mr. President Dupre Mount industrial licenses; and to repeal certain provisions relative to
Barham Ellington Romero rulemaking; and to provide for related matters.
Bean Gautreaux Smith
Chaisson Hoyt Theunissen HOUSE BILL NO. 1001—
BY REPRESENTATIVE R. ALEXANDER
Dardenne Jones, B Ullo AN ACT
Dean Lambert To repeal R.S. 36:254.1, relative to the powers and duties of the
Total—17 secretary of the Department of Health and Hospitals; to remove the
NAYS requirement that the secretary appoint administrators to each of
nine administrative regions and to delete the regions.
Bajoie Hines Marionneaux
Boissiere Hollis McPherson HOUSE BILL NO. 1005—
Cain Irons Michot BY REPRESENTATIVE R. ALEXANDER
Campbell Johnson Schedler AN ACT
Fields, C Jones, C Tarver To amend and reenact R.S. 40:5.8(6)(introductory paragraph) and
Fontenot Lentini Thomas 2822(20)(introductory paragraph), relative to drinking water; to
Heitmeier Malone define public water system; and to provide for related matters.
Total—20
ABSENT HOUSE BILL NO. 1008—
BY REPRESENTATIVE R. ALEXANDER
Cravins Fields, W AN ACT
Total—2 To amend and reenact R.S. 28:567(E) and R.S. 40:2103(C) and
2116.32(F)(2), relative to the licensure of health care facilities; to
The Chair declared the amended bill failed to pass. extend the moratorium on licensure of mental health clinics and
mental health centers; to extend the moratorium on Medicaid
Notice of Reconsideration enrollment of long-term care hospital facilities and beds; to extend
the moratorium on licensure of home health agencies; to provide
Senator B. Jones, pursuant to Senate Rule Number 11.12, gave for an effective date; and to provide for related matters.
notice that before the expiration of the Morning Hour of the next
succeeding legislative day of the Senate, he would move to reconsider HOUSE BILL NO. 970—
BY REPRESENTATIVE MARTINY AND SENATOR CRAVINS
the vote by which the bill failed to pass. AN ACT
To amend and reenact R.S. 15:824(B)(1)(a), relative to individuals
Rules Suspended committed to the Department of Public Safety and Corrections
held in parish jails; to provide that the governing authority of a
Senator C. Jones asked for and obtained a suspension of the rules parish or the parish sheriff shall be paid by the department for
for the purpose of reverting to the Morning Hour. housing and keeping individuals participating in a Blue Walters
Substance Abuse Program; and to provide for related matters.
Messages from the House
HOUSE BILL NO. 293—
The following Messages from the House were received and read BY REPRESENTATIVE PINAC
as follows: AN ACT
To amend and reenact R.S. 49:191(13) and to repeal R.S.
49:191(11)(a), relative to the Department of Economic
Development, including provisions to provide for the re-creation
of the Department of Economic Development and the statutory
entities made a part of the department by law; to provide for the
effective termination date for all statutory authority for the
Page 34 SENATE 7th DAY'S PROCEEDINGS
April 9, 2001
existence of such statutory entities; and to provide for related Introduction of
matters. Senate Concurrent Resolutions
Respectfully submitted, Senator Lambert asked for and obtained a suspension of the rules
ALFRED W. SPEER for the purpose of introducing and reading the following Senate
Clerk of the House of Representatives Concurrent Resolutions a first and second time and acting upon them
as follows:
Introduction of Senate Bills
and Joint Resolutions SENATE CONCURRENT RESOLUTION NO. 58—
BY SENATOR THOMAS
Senator Lambert asked for and obtained a suspension of the rules A CONCURRENT RESOLUTION
for the purpose of introducing and reading the following Senate Bills To direct the Department of Health and Hospitals to study the use,
and Joint Resolutions a first and second time and referring them to abuse, and other problems related to oxycontin and to develop a
committee. comprehensive statewide education program on the risks and
dangers associated with using this drug in order to protect the
SENATE BILL NO. 991— health and safety of the citizens of Louisiana.
BY SENATOR GAUTREAUX
AN ACT On motion of Senator Lambert, the resolution was read by title and
To authorize and empower the Terrebonne Parish School Board to lease referred to the Committee on Health and Welfare.
certain described property in Gibson, Louisiana; to provide for
execution of lease documents; to provide for reservation of mineral Reports of Committees
rights; and to provide for related matters.
The following reports of committees were received and read:
On motion of Senator Lambert, the bill was read by title and
referred to the Committee on Education. REPORT OF COMMITTEE ON
SENATE BILL NO. 992— FINANCE
BY SENATOR ULLO
AN ACT
To amend and reenact Louisiana Children's Code Art. 791.1 and the Senator Dardenne, Chairman on behalf of the Committee on
introductory paragraph of Art. 791.2, to enact Louisiana Children's Finance, submitted the following report:
Code Art. 791.5, and to repeal Sections 2 and 3 of Act No. 1372
of the 1999 Regular Session of the Legislature, relative to truancy April 9, 2001
and assessment and service centers; to authorize the creation of a
truancy and assessment and service center in the parishes of To the President and Members of the Senate:
Bossier and Lafayette; to extend the period of effectiveness for the
pilot program; to extend the period for reporting; and to provide for I am directed by your Committee on Finance to submit the
related matters. following report:
On motion of Senator Lambert, the bill was read by title and SENATE BILL NO. 166—
BY SENATOR MARIONNEAUX
referred to the Committee on Judiciary A. A JOINT RESOLUTION
Proposing to amend Article III, Section 2(A) and Article XIII, Section
SENATE BILL NO. 993— 1(A) of the Constitution of Louisiana, relative to sessions of the
BY SENATOR LAMBERT
AN ACT legislature; to provide for annual general sessions of the legislature;
To amend and reenact Children's Code Articles 1137(D), 1138(C) and to provide limitations; to provide deadlines for the prefiling and
(E), 1139(A), 1180(C), 1193, 1202(B), and 1263(B) and (C), and introduction of legislation and for certain legislative action; to
the heading of Chapter 3 of Title XII of the Children's Code, and provide for submission of the proposed amendment to the electors;
the heading of Chapter 6 of Title XII of the Children's Code, and and to specify an election for submission of the proposition to
to enact Chapter 13 of Title XI of the Children's Code, to be electors and provide a ballot proposition.
comprised of Articles 1150 through 1154, relative to adoptions; to
provide for service of notice of opposition to adoption; to provide Reported favorably.
for the presentation of evidence; to provide procedures for notice
of adoption prior to the birth of the child; to provide for the form SENATE BILL NO. 274—
BY SENATOR DARDENNE
and content of the petition and motion to provide for the notice of AN ACT
the right to counsel and the effect of the termination judgment; to To enact Subpart E of Part II of Chapter 1 of Subtitle I of Title 39 of the
provide for service of citation; to provide for the appointment and Louisiana Revised Statutes of 1950, to be comprised of R.S.
duties of the curator ad hoc; to provide for the stipulation or 39:88.1 through 88.4, relative to gain sharing; to provide relative
consent to judgment; to provide for the effect of the failure to to identification of increased efficiency and corresponding savings
appear at the hearing; to provide procedures for opposition; to by budget units; to require the commissioner of administration to
provide for the jurisdiction for adoption proceedings; to provide approve plans for distribution of identified savings; to provide for
legislative findings and policy; to provide for required consent; to a deadline; and to provide for related matters.
provide for peremptive periods; to provide relative to conflict of
interests; and to provide for related matters. Reported with amendments.
On motion of Senator Lambert, the bill was read by title and
referred to the Committee on Judiciary A. SENATE BILL NO. 347—
BY SENATOR ELLINGTON
AN ACT
To require the state, through the Department of Economic Development
and the Louisiana Economic Development Corporation, to execute
a cooperative endeavor agreement with the town of Jonesville; to
7th DAY'S PROCEEDINGS Page 35 SENATE
April 9, 2001
provide for payment of certain obligations owed by the town of WINSTON, WOOTON, AND WRIGHT AND SENATORS BAJOIE, BARHAM,
BEAN, BOISSIERE, CAIN, CAMPBELL, CHAISSON, CRAVINS, DARDENNE,
Jonesville which are guaranteed by the state; and to provide for DEAN, DUPRE, ELLINGTON, C. FIELDS, W. FIELDS, FONTENOT,
related matters. GAUTREAUX, HAINKEL, HEITMEIER, HINES, HOLLIS, HOYT, IRONS,
JOHNSON, B. JONES, C. JONES, LAMBERT, LENTINI, MALONE,
MARIONNEAUX, MCPHERSON, MICHOT, MOUNT, ROMERO, SCHEDLER,
Reported favorably. SMITH, TARVER, THEUNISSEN, THOMAS, AND ULLO
A CONCURRENT RESOLUTION
SENATE BILL NO. 877— To express the condolences of the Legislature of Louisiana upon the
BY SENATOR CAMPBELL death of Representative Pinkie Carolyn Wilkerson.
AN ACT
To amend and reenact R.S. 39:252(A), (B), (C) and (D), 253, 254, 255, HOUSE CONCURRENT RESOLUTION NO. 31—
256 and 257 and to enact R.S. 39:252(E) and (F), relative to BY REPRESENTATIVES R. ALEXANDER AND STRAIN AND SENATOR
energy management; to provide for purpose of the energy SCHEDLER
management policy; to provide for development and coordination A CONCURRENT RESOLUTION
of policy; to provide for implementation of recommendations; to To declare the week of April 19, 2001, as Reflex Sympathetic
provide for funding; to provide for capital investments; to provide Dystrophy (RSD) Syndrome Awareness Week.
for compliance with reporting requirements; and to provide for
related matters. HOUSE CONCURRENT RESOLUTION NO. 32—
BY REPRESENTATIVES FAUCHEUX, QUEZAIRE, AND GARY SMITH
Reported with amendments. A CONCURRENT RESOLUTION
To commend Francis Christopher Donaldson upon his retirement as
Respectfully submitted, superintendent of the St. John the Baptist Parish school system, to
JAY DARDENNE recognize and record his myriad accomplishments and his
Chairman remarkable contributions to his parish, and to extend to him the
best wishes of the Legislature of Louisiana as he embarks upon
new challenges and endeavors.
Rules Suspended
HOUSE CONCURRENT RESOLUTION NO. 33—
Senator Dardenne asked for and obtained a suspension of the rules BY REPRESENTATIVE POWELL AND SENATOR SCHEDLER
for the purpose of taking up at this time. A CONCURRENT RESOLUTION
To commend the Regional Electrologists Association of Louisiana, as
House Bills and Joint Resolutions well as electrologists throughout the state of Louisiana, for the
services that they provide to Louisiana's citizens and to recognize
Senator Lambert asked for and obtained a suspension of the rules March of 2002 as Electrology Awareness Month.
to take up at this time the following House Bills and Joint Resolutions
just received from the House of Representatives with the view of acting HOUSE CONCURRENT RESOLUTION NO. 34—
BY REPRESENTATIVE PIERRE
on the same: A CONCURRENT RESOLUTION
To commend and congratulate B.E.M. "Ben" Skerrett III for receiving
HOUSE BILL NO. 1794— the National Rivers Hall of Fame's National Achievement Award
BY REPRESENTATIVE LEBLANC
AN ACT and for receiving from the Army Corps of Engineers, New Orleans
To appropriate funds from the State General Fund to the State District, the Commander's Award for Civilian Service.
Employees' Group Benefits Program for the Fiscal Year 2000-
2001; and to provide for related matters. HOUSE CONCURRENT RESOLUTION NO. 38—
BY REPRESENTATIVES KENNARD, ALARIO, E. ALEXANDER, R.
ALEXANDER, ANSARDI, BAUDOIN, BAYLOR, BOWLER, BROOME,
On motion of Senator Lambert, the bill was read by title and BRUCE, BRUNEAU, K. CARTER, R. CARTER, CAZAYOUX, CLARKSON,
referred to the Committee on Finance. CRANE, CROWE, CURTIS, DAMICO, DANIEL, DARTEZ, DEVILLIER,
DEWITT, DIEZ, DOERGE, DONELON, DOWNER, DURAND, ERDEY,
FARRAR, FAUCHEUX, FLAVIN, FRITH, FRUGE, FUTRELL, GALLOT,
Message from the House GLOVER, GREEN, GUILLORY, HAMMETT, HEATON, HEBERT, HILL,
HOLDEN, HOPKINS, HUDSON, HUNTER, HUTTER, ILES, L. JACKSON, M.
JACKSON, JOHNS, KATZ, KENNEY, LAFLEUR, LANCASTER, LANDRIEU,
SIGNED HOUSE CONCURRENT RESOLUTIONS LEBLANC, LUCAS, MARTINY, MCCALLUM, MCDONALD, MCMAINS,
MCVEA, MONTGOMERY, MORRELL, MORRISH, MURRAY, NEVERS,
ODINET, PERKINS, PIERRE, PINAC, PITRE, POWELL, PRATT, QUEZAIRE,
April 9, 2001 RICHMOND, RIDDLE, ROMERO, SALTER, SCALISE, SCHNEIDER,
SCHWEGMANN, SHAW, GARY SMITH, JACK SMITH, JANE SMITH, JOHN
SMITH, SNEED, STELLY, STRAIN, SWILLING, THOMPSON, TOOMY,
To the Honorable President and Members of the Senate: TOWNSEND, TRICHE, TUCKER, WADDELL, WALSWORTH, WELCH,
WINSTON, WOOTON, AND WRIGHT AND SENATORS BAJOIE, BARHAM,
I am directed to inform your honorable body that the Speaker of the BEAN, BOISSIERE, CAIN, CAMPBELL, CHAISSON, CRAVINS, DARDENNE,
DEAN, DUPRE, ELLINGTON, C. FIELDS, W. FIELDS, FONTENOT,
House of Representatives has signed the following House Concurrent GAUTREAUX, HAINKEL, HEITMEIER, HINES, HOLLIS, HOYT, IRONS,
Resolutions: JOHNSON, B. JONES, C. JONES, LAMBERT, LENTINI, MALONE,
MARIONNEAUX, MCPHERSON, MICHOT, MOUNT, ROMERO, SCHEDLER,
SMITH, TARVER, THEUNISSEN, THOMAS, AND ULLO
HOUSE CONCURRENT RESOLUTION NO. 28— A CONCURRENT RESOLUTION
BY REPRESENTATIVES CLARKSON, ALARIO, E. ALEXANDER, R.
ALEXANDER, ANSARDI, BAUDOIN, BAYLOR, BOWLER, BROOME, To recognize and commend Reverend James L. Stovall for his public
BRUCE, BRUNEAU, K. CARTER, R. CARTER, CAZAYOUX, CRANE, service and his outstanding contributions to his congregations and
CROWE, CURTIS, DAMICO, DANIEL, DARTEZ, DEVILLIER, DEWITT, DIEZ, communities and to many civic and public endeavors.
DOERGE, DONELON, DOWNER, DURAND, ERDEY, FARRAR, FAUCHEUX,
FLAVIN, FRITH, FRUGE, FUTRELL, GALLOT, GLOVER, GREEN,
GUILLORY, HAMMETT, HEATON, HEBERT, HILL, HOLDEN, HOPKINS, HOUSE CONCURRENT RESOLUTION NO. 40—
HUDSON, HUNTER, HUTTER, ILES, L. JACKSON, M. JACKSON, JOHNS, BY REPRESENTATIVE MARTINY AND SENATOR LENTINI
KATZ, KENNARD, KENNEY, LAFLEUR, LANCASTER, LANDRIEU, A CONCURRENT RESOLUTION
LEBLANC, LUCAS, MARTINY, MCCALLUM, MCDONALD, MCMAINS,
MCVEA, MONTGOMERY, MORRELL, MORRISH, MURRAY, NEVERS, To commend Miles Bennett Porter IV of Metairie upon achieving the
ODINET, PERKINS, PIERRE, PINAC, PITRE, POWELL, PRATT, QUEZAIRE, rank of Eagle Scout.
RICHMOND, RIDDLE, ROMERO, SALTER, SCALISE, SCHNEIDER,
SCHWEGMANN, SHAW, GARY SMITH, JACK SMITH, JANE SMITH, JOHN
SMITH, SNEED, STELLY, STRAIN, SWILLING, THOMPSON, TOOMY,
TOWNSEND, TRICHE, TUCKER, WADDELL, WALSWORTH, WELCH,
Page 36 SENATE 7th DAY'S PROCEEDINGS
April 9, 2001
HOUSE CONCURRENT RESOLUTION NO. 41—
BY REPRESENTATIVE R. ALEXANDER
A CONCURRENT RESOLUTION
To commend the Honorable Henry F. Nolte, Jr. upon his retirement as
mayor of Mount Lebanon.
HOUSE CONCURRENT RESOLUTION NO. 44—
BY REPRESENTATIVES ERDEY, KENNARD, MCMAINS, MCVEA,
PERKINS, AND POWELL AND SENATORS FONTENOT AND LAMBERT
A CONCURRENT RESOLUTION
To commend J. Rogers Pope, to recognize and record his myriad
accomplishments and his remarkable contributions to education in
Louisiana, and to extend to him the best wishes of the Legislature
of Louisiana as he embarks upon new challenges and endeavors.
HOUSE CONCURRENT RESOLUTION NO. 45—
BY REPRESENTATIVE E. ALEXANDER AND SENATOR MICHOT
A CONCURRENT RESOLUTION
To designate Tuesday, April 3, 2001, as Tech Sector Day in the state of
Louisiana in an effort to identify, promote, and develop the
technology sector, which is vital to the economy of the state and to
the future of its citizens.
HOUSE CONCURRENT RESOLUTION NO. 49—
BY REPRESENTATIVE LUCAS
A CONCURRENT RESOLUTION
To recognize the last week in April of every year as Minister
Appreciation Week, to commend and honor the ministers of
Louisiana, and to urge and request the governor to proclaim the
last week in April of every year as Minister Appreciation Week.
and asked that the President of the Senate affix his signature to the
same.
Respectfully submitted,
ALFRED W. SPEER
Clerk of the House of Representatives
The House Concurrent Resolutions contained herein were signed
by the President of the Senate.
Leaves of Absence
The following leaves of absence were asked for and granted:
W. Fields 1 Day
Adjournment
Senator Lambert moved that the Senate adjourn until Tuesday,
April 10, 2001, at 9:00 o'clock A.M.
The President of the Senate declared the Senate adjourned until
9:00 o'clock A.M. on Tuesday, April 10, 2001.
MICHAEL S. BAER, III
Secretary of the Senate
GAYE F. HAMILTON
Journal Clerk
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