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OFFICIAL JOURNAL OF THE SENATE OF THE STATE OF LOUISIANA _______ THIRTY-NINTH DAY'S PROCEEDINGS _______ Forty-Second Regular Session of the Legislature Under the Adoption of the Constitution of 1974 _______ Senate Chamber State Capitol Baton Rouge, Louisiana Monday, May 23, 2016 The Senate was called to order at 4:20 o'clock P.M. by Hon. John A. Alario Jr., President of the Senate. Morning Hour CONVENING ROLL CALL The roll being called, the following members answered to their names: PRESENT Mr. President Cortez Morrell Allain Erdey Morrish Appel Fannin Peacock Barrow Hewitt Perry Boudreaux Johns Riser Brown Lambert Smith, G. Carter Long Smith, J. Chabert Martiny Walsworth Claitor Mills Ward Colomb Mizell White Total - 30 ABSENT Bishop LaFleur Peterson Donahue Luneau Tarver Gatti Milkovich Thompson Total - 9 The President of the Senate announced there were 30 Senators present and a quorum. Prayer The prayer was offered by Pastor Keith Richard, following which the Senate joined in the Pledge of Allegiance to the flag of the United States of America. Reading of the Journal On motion of Senator Morrell, the reading of the Journal was dispensed with and the Journal of May 19, 2016, was adopted. Message from the House DISAGREEMENT TO HOUSE BILL May 23, 2016 To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of Representatives has refused to concur in the proposed Senate Amendment(s) to House Bill No. 81 by Representative Broadwater, and ask the President to appoint on the part of the Senate a committee to confer with a like committee from the House on the disagreement. Respectfully submitted, ALFRED W. SPEER Clerk of the House of Representatives Message from the House DISAGREEMENT TO HOUSE BILL May 23, 2016 To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of Representatives has refused to concur in the proposed Senate Amendment(s) to House Bill No. 218 by Representative Hoffmann, and ask the President to appoint on the part of the Senate a committee to confer with a like committee from the House on the disagreement. Respectfully submitted, ALFRED W. SPEER Clerk of the House of Representatives Message from the House CONCURRING IN SENATE CONCURRENT RESOLUTIONS May 19, 2016 To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of Representatives has finally concurred in the following Senate Concurrent Resolutions: SENATE CONCURRENT RESOLUTION NO. 38— BY SENATORS BISHOP AND THOMPSON A CONCURRENT RESOLUTION To urge and request the committee on parole, Board of Pardons, Department of Public Safety and Corrections, to conduct a comprehensive review of parole matters and to report on those matters to the Senate Committee on Judiciary C, the House Committee on Administration of Criminal Justice, the First Circuit Court of Appeal, and the Louisiana Supreme Court, not later than December 1, 2016. Reported with amendments. SENATE CONCURRENT RESOLUTION NO. 121— BY SENATOR LONG A CONCURRENT RESOLUTION To commend and congratulate Arthur Leonard "Red" Swanson Sr. on being named to the 2016 Louisiana Sports Hall of Fame. Reported without amendments. SENATE CONCURRENT RESOLUTION NO. 122— BY SENATOR CORTEZ A CONCURRENT RESOLUTION To express the sincere and heartfelt condolences of the Legislature of Louisiana upon the death of Edgar G. "Sonny" Mouton Jr.,one of Louisiana and Acadia Parish's most well-known and beloved political figures, spending much of his civic career as a leader in state government and a longtime state legislator. Reported without amendments. SENATE CONCURRENT RESOLUTION NO. 20— BY SENATOR ERDEY A CONCURRENT RESOLUTION To express the intent of the Legislature of Louisiana that the Department of Public Safety and Corrections, public safety services, and the office of motor vehicles enforce laws that regulate glass tinting on motor vehicles and particularly on private passenger vehicles. 967

House Bill No. 81 OF THE SENATEsenate.la.gov/SessionInfo/Journals/2016/05-23-2016.pdf · 2016-11-20 · To the Honorable President and Members of the Senate: I am directed to inform

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  • OFFICIAL JOURNALOF THE

    SENATEOF THE

    STATE OF LOUISIANA_______

    THIRTY-NINTH DAY'S PROCEEDINGS_______

    Forty-Second Regular Session of the LegislatureUnder the Adoption of the

    Constitution of 1974_______

    Senate ChamberState Capitol

    Baton Rouge, Louisiana

    Monday, May 23, 2016

    The Senate was called to order at 4:20 o'clock P.M. by Hon.John A. Alario Jr., President of the Senate.

    Morning Hour

    CONVENING ROLL CALL

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

    Mr. President Cortez MorrellAllain Erdey MorrishAppel Fannin PeacockBarrow Hewitt PerryBoudreaux Johns RiserBrown Lambert Smith, G.Carter Long Smith, J.Chabert Martiny WalsworthClaitor Mills WardColomb Mizell White Total - 30

    ABSENT

    Bishop LaFleur PetersonDonahue Luneau TarverGatti Milkovich Thompson Total - 9

    The President of the Senate announced there were 30 Senatorspresent and a quorum.

    Prayer

    The prayer was offered by Pastor Keith Richard, followingwhich the Senate joined in the Pledge of Allegiance to the flag of theUnited States of America.

    Reading of the Journal

    On motion of Senator Morrell, the reading of the Journal wasdispensed with and the Journal of May 19, 2016, was adopted.

    Message from the House

    DISAGREEMENT TO HOUSE BILL

    May 23, 2016

    To the Honorable President and Members of the Senate:

    I am directed to inform your honorable body that the House ofRepresentatives has refused to concur in the proposed Senate

    Amendment(s) to House Bill No. 81 by Representative Broadwater,and ask the President to appoint on the part of the Senate a committeeto confer with a like committee from the House on the disagreement.

    Respectfully submitted,ALFRED W. SPEER

    Clerk of the House of Representatives

    Message from the House

    DISAGREEMENT TO HOUSE BILL

    May 23, 2016

    To the Honorable President and Members of the Senate:

    I am directed to inform your honorable body that the House ofRepresentatives has refused to concur in the proposed SenateAmendment(s) to House Bill No. 218 by Representative Hoffmann,and ask the President to appoint on the part of the Senate a committeeto confer with a like committee from the House on the disagreement.

    Respectfully submitted,ALFRED W. SPEER

    Clerk of the House of Representatives

    Message from the House

    CONCURRING INSENATE CONCURRENT RESOLUTIONS

    May 19, 2016

    To the Honorable President and Members of the Senate:

    I am directed to inform your honorable body that the House ofRepresentatives has finally concurred in the following SenateConcurrent Resolutions:

    SENATE CONCURRENT RESOLUTION NO. 38—BY SENATORS BISHOP AND THOMPSON

    A CONCURRENT RESOLUTIONTo urge and request the committee on parole, Board of Pardons,

    Department of Public Safety and Corrections, to conduct acomprehensive review of parole matters and to report on thosematters to the Senate Committee on Judiciary C, the HouseCommittee on Administration of Criminal Justice, the FirstCircuit Court of Appeal, and the Louisiana Supreme Court, notlater than December 1, 2016.

    Reported with amendments.

    SENATE CONCURRENT RESOLUTION NO. 121—BY SENATOR LONG

    A CONCURRENT RESOLUTIONTo commend and congratulate Arthur Leonard "Red" Swanson Sr. on

    being named to the 2016 Louisiana Sports Hall of Fame.

    Reported without amendments.

    SENATE CONCURRENT RESOLUTION NO. 122—BY SENATOR CORTEZ

    A CONCURRENT RESOLUTIONTo express the sincere and heartfelt condolences of the Legislature of

    Louisiana upon the death of Edgar G. "Sonny" Mouton Jr.,oneof Louisiana and Acadia Parish's most well-known and belovedpolitical figures, spending much of his civic career as a leaderin state government and a longtime state legislator.

    Reported without amendments.

    SENATE CONCURRENT RESOLUTION NO. 20—BY SENATOR ERDEY

    A CONCURRENT RESOLUTIONTo express the intent of the Legislature of Louisiana that the

    Department of Public Safety and Corrections, public safetyservices, and the office of motor vehicles enforce laws thatregulate glass tinting on motor vehicles and particularly onprivate passenger vehicles.

    967

  • Page 2 SENATE 39th DAY'S PROCEEDINGSMay 23, 2016

    Reported without amendments.

    SENATE CONCURRENT RESOLUTION NO. 36—BY SENATOR ERDEY

    A CONCURRENT RESOLUTIONTo urge and request the Department of Transportation and

    Development to study the feasibility of a new interstateinterchange on I-12 at Louisiana Highway 1032 (4H-Club Road)and a new interstate interchange on I-12 at Louisiana Highway16 (Pete's Highway).

    Reported without amendments.

    SENATE CONCURRENT RESOLUTION NO. 43—BY SENATOR CORTEZ

    A CONCURRENT RESOLUTIONTo urge and request the Department of Transportation and

    Development to study the feasibility of corporate sponsorship ofstate bridges, other department infrastructure, or equipment.

    Reported without amendments.

    SENATE CONCURRENT RESOLUTION NO. 62—BY SENATOR PEACOCK

    A CONCURRENT RESOLUTIONTo urge and request the Louisiana State Law Institute to study and

    make recommendations regarding the feasibility of revisions tothe law of wills and testaments and trusts.

    Reported without amendments.

    SENATE CONCURRENT RESOLUTION NO. 63—BY SENATOR PEACOCK

    A CONCURRENT RESOLUTIONTo urge and request the Louisiana State Law Institute to study and

    make recommendations regarding the feasibility of revisions tothe law of wills and testaments.

    Reported without amendments.

    SENATE CONCURRENT RESOLUTION NO. 3—BY SENATORS MILLS, HEWITT, PERRY AND GARY SMITH

    A CONCURRENT RESOLUTIONTo urge and request the Department of Health and Hospitals to

    submit a report by October 1, 2016, on the health benefits andhealthcare costs associated with adding Adrenoleukodystrophy(ALD) to the newborn screening panel and to add ALD to thenewborn screening panel no later than August 1, 2017.

    Reported without amendments.

    SENATE CONCURRENT RESOLUTION NO. 65—BY SENATOR MILLS AND REPRESENTATIVE HOFFMANN

    A CONCURRENT RESOLUTIONTo create and provide for the Task Force on Meaningful Oversight

    which shall review current law on professional healthcarelicensing board oversight by the Department of Health andHospitals and make recommendations to the legislature on lawsrequired to ensure compliance with North Carolina State Boardof Dental Examiners v. Federal Trade Commission, 135 S.Ct.1101(2015).

    Reported without amendments.

    SENATE CONCURRENT RESOLUTION NO. 6—BY SENATOR CLAITOR

    A CONCURRENT RESOLUTIONTo express the intent of the Louisiana Legislature relative to

    enforcement of fishing harvest gear laws and restrictions in stateand federal waters off the coast of Louisiana.

    Reported without amendments.

    SENATE CONCURRENT RESOLUTION NO. 17—BY SENATOR JOHNS AND REPRESENTATIVES GLOVER, MARCELLEAND NORTON

    A CONCURRENT RESOLUTIONTo create the Riverboat Economic Development and Gaming Task

    Force to study current law and existing rules and regulationsregarding riverboat gaming.

    Reported without amendments.

    SENATE CONCURRENT RESOLUTION NO. 68—BY SENATORS GATTI, ALARIO, ALLAIN, APPEL, BARROW, BISHOP,BOUDREAUX, BROWN, CARTER, CHABERT, CLAITOR, COLOMB,CORTEZ, DONAHUE, ERDEY, FANNIN, HEWITT, JOHNS, LAFLEUR,LAMBERT, LONG, LUNEAU, MARTINY, MILKOVICH, MILLS, MIZELL,MORRELL, MORRISH, PEACOCK, PERRY, PETERSON, RISER, GARYSMITH, JOHN SMITH, TARVER, THOMPSON, WALSWORTH, WARDAND WHITE AND REPRESENTATIVES BAGLEY, COX, JACKSON,LEBAS, MAGEE AND WILLMOTT

    A CONCURRENT RESOLUTIONTo urge and request the United States Department of Defense and the

    Louisiana Department of Health and Hospitals to coordinateefforts to provide information to military families regardingservices for individuals with intellectual or developmentaldisabilities.

    Reported without amendments.

    SENATE CONCURRENT RESOLUTION NO. 13—BY SENATOR BISHOP

    A CONCURRENT RESOLUTIONTo request the Louisiana State Law Institute to study the feasibility

    of revising state law to specifically authorize a right of actionand legal standing for private associations to seek injunctiverelief for a zoning violation when a municipality fails or refusesto do so and a person is harmed thereby, and also to studywhether present penalties for zoning violations should berevised to be comparable with those in other states.

    Reported without amendments.

    Respectfully submitted,ALFRED W. SPEER

    Clerk of the House of Representatives

    Message from the House

    PASSED SENATE BILLS ANDJOINT RESOLUTIONS

    May 19, 2016

    To the Honorable President and Members of the Senate:

    I am directed to inform your honorable body that the House ofRepresentatives has finally passed the following Senate Bills andJoint Resolutions:

    SENATE BILL NO. 22—BY SENATOR CHABERT

    AN ACTTo amend and reenact R.S. 36:508.4(A)(1), relative to the

    Multimodal Commerce Advisory Commission; to change thechair of the commission to the commissioner of multimodalcommerce; to provide for an effective date; and to provide forrelated matters.

    Reported without amendments.

    SENATE BILL NO. 31—BY SENATOR MILLS

    AN ACTTo amend and reenact R.S. 34:1452, 1453(A), (B), (C) and (E), 1454

    and 1455 and to enact R.S. 34:1453(F), relative to the GreaterKrotz Springs Port Commission; to provide for rights andpowers of the commission; to provide for general obligation andrevenue bonds; to provide for a prescriptive period for the sale

    968

  • 39th DAY'S PROCEEDINGS Page 3 SENATEMay 23, 2016

    of bonds; to authorize the commission to enter cooperativeendeavor agreements; to provide relative to existing contractsand agreements; and to provide for related matters.

    Reported without amendments.

    SENATE BILL NO. 50—BY SENATOR GARY SMITH

    AN ACTTo amend and reenact R.S. 32:1(1.1), 190(D), 401(2), and 408(C)(3),

    relative to autocycles; to amend the definition of autocycleapplicable to operators and passengers for a helmet exemption;to amend the definition of autocycle applicable for an exemptionfor certain driver's license endorsements for operators; and toprovide for related matters.

    Reported without amendments.

    SENATE BILL NO. 100—BY SENATOR GARY SMITH

    AN ACTTo amend and reenact R.S. 32:402.1(A)(1)(a) and (2)(b),

    407(A)(2)(a), and 408(A)(1), relative to driver education; toprovide for education and knowledge of trailer safety; and toprovide for related matters.

    Reported without amendments.

    SENATE BILL NO. 389—BY SENATORS ERDEY, BROWN, CORTEZ, FANNIN, HEWITT, LONGAND GARY SMITH

    AN ACTTo enact R.S. 47:490.30, relative to motor vehicles; to create a

    military honor license plate for a veteran who is one hundredpercent disabled; and to provide for related matters.

    Reported without amendments.

    SENATE BILL NO. 391—BY SENATOR ERDEY

    AN ACTTo enact R.S. 49:214.6.8(B)(1)(s), relative to the Coastal Louisiana

    Levee Consortium; to add a member to the consortium; toprovide terms, conditions, and requirements; and to provide forrelated matters.

    Reported without amendments.

    SENATE BILL NO. 444—BY SENATOR ERDEY

    AN ACTTo enact R.S. 32:412(N) and R.S. 40:1321(O), relative to the drivers'

    licenses and special identification cards; to provide for "100%DAV" designation on a Louisiana driver's license and specialidentification card; and to provide for related matters.

    Reported without amendments.

    SENATE BILL NO. 117—BY SENATOR MILLS

    AN ACTTo amend and reenact R.S. 46:153.3(B)(2)(a)(iv), the introductory

    paragraph of (D)(2), (D)(2)(c), (d), (e), (f), (g), (h), (k), and (p),and (D)(5)(b) and (c) and to repeal R.S. 46:153.3(B)(1)(b), (c),(d), and (e), (B)(2)(d), (B)(3) and (4), (C)(2) and (3), and(D)(5)(d) and (e), relative to the Medicaid Pharmaceutical andTherapeutics Committee; to remove legislative intent andexpired implementation restrictions; to remove references tocommittees that no longer exist; to remove provisions that havebeen sunset by subsequent legislation; to change the MedicaidPharmaceutical and Therapeutics Committee membershipselection criteria; to change terminology; to provide for aneffective date; and to provide for related matters.

    Reported without amendments.

    SENATE BILL NO. 6—BY SENATOR PEACOCK

    AN ACTTo amend and reenact R.S. 11:1149, relative to the Louisiana School

    Employees' Retirement System; to provide relative tocontributions of members out of service for five years; toprovide for an effective date; and to provide for related matters.

    Reported without amendments.

    SENATE BILL NO. 8—BY SENATOR PEACOCK

    AN ACTTo amend and reenact R.S. 11:1152(G)(1), relative to the Louisiana

    School Employees' Retirement System; to provide relative todisbursements from deferred retirement option plansubaccounts; to provide for an effective date; and to provide forrelated matters.

    Reported without amendments.

    SENATE BILL NO. 12—BY SENATOR PEACOCK

    AN ACTTo amend and reenact R.S. 11:1345.7(B), to enact R.S. 11:1313(D)

    and 1345.7(D), and to repeal R.S. 11:211, relative to disabilitybenefits for the Louisiana State Police Retirement System; toprovide for technical changes; to provide for an effective date;and to provide for related matters.

    Reported without amendments.

    SENATE BILL NO. 16—BY SENATORS PEACOCK, ALARIO, ALLAIN, APPEL, BARROW,BOUDREAUX, BROWN, CARTER, CHABERT, CLAITOR, COLOMB,CORTEZ, ERDEY, GATTI, HEWITT, JOHNS, LAFLEUR, LAMBERT,LONG, LUNEAU, MARTINY, MILKOVICH, MILLS, MIZELL, MORRELL,MORRISH, PERRY, RISER, GARY SMITH, JOHN SMITH, TARVER,THOMPSON, WALSWOR T H, WAR D AND WHITE ANDREPRESENTATIVES ABRAHAM, ADAMS, AMEDEE, BACALA,BAGLEY, BAGNERIS, BARRAS, BERTHELOT, BILLIOT, BISHOP,BOUIE, BROADWATER, TERRY BROWN, CARPENTER, GARY CARTER,STEVE CARTER, CHANEY, CONNICK, COUSSAN, COX, DAVIS,DEVILLIER, DWIGHT, EDMONDS, EMERSON, FALCONER, GAINES,GISCLAIR, GUINN, LANCE HARRIS, HAVARD, HOFFMANN, HOLLIS,HORTON, HOWARD, IVEY, JAMES, JEFFERSON, MIKE JOHNSON,JONES, NANCY LANDRY, LEBAS, LEGER, LYONS, MAGEE, MIGUEZ,GREGORY MILLER, MONTOUCET, JAY MORRIS, JIM MORRIS, POPE,PRICE, PYLANT, REYNOLDS, RICHARD, SCHEXNAYDER, SEABAUGH,STOKES, WHITE AND ZERINGUE

    AN ACTTo enact R.S. 11:2178(D)(4), relative to the Sheriffs' Pension and

    Relief Fund; to provide for the death benefits of survivors ofcertain members; to provide for qualifications to receive deathbenefits; to provide for benefit calculations; to provide for aneffective date; and to provide for related matters.

    Reported without amendments.

    SENATE BILL NO. 74—BY SENATORS THOMPSON, ALLAIN, PEACOCK AND JOHN SMITH

    AN ACTTo amend and reenact R.S. 3:4721(A) and (C) and to enact R.S.

    3:4722, relative to the logo for state products; to expand logoeligibility; to authorize the commissioner of agriculture andforestry to impose civil penalties; and to provide for relatedmatters.

    Reported without amendments.

    SENATE BILL NO. 75—BY SENATOR THOMPSON

    AN ACTTo repeal Chapter 20-A of Title 3 of the Louisiana Revised Statutes

    of 1950, comprised of R.S. 3:3396.1 through 3396.6, relative tothe Pest Control Compact; to repeal the compact and the PestControl Insurance Fund; and to provide for related matters.

    Reported without amendments.

    969

  • Page 4 SENATE 39th DAY'S PROCEEDINGSMay 23, 2016

    SENATE BILL NO. 255—BY SENATOR MORRELL

    AN ACTTo amend and reenact R.S. 26:802(A)(4) and to enact R.S.

    26:802(A)(15) and 813, relative to alcoholic beverages; toprovide for business relations of wholesalers and suppliers; toprovide for obligations of successors; to provide for definitions;and to provide for related matters.

    Reported without amendments.

    SENATE BILL NO. 320—BY SENATORS MORRELL, BARROW AND COLOMB ANDREPRESENTATIVE JACKSON

    AN ACTTo amend and reenact R.S. 46:1844(G), relative to rights of crime

    victims and witnesses; to provide for the rights of family ofcrime victims; to provide for designated courtroom seating; toprovide for separation of certain individuals; and to provide forrelated matters.

    Reported without amendments.

    SENATE BILL NO. 350—BY SENATOR LUNEAU

    AN ACTTo amend and reenact R.S. 40:39.1(B)(1), relative to vital records; to

    provide for issuance of birth records or death certificates; toprovide for payment of fees for these certificates; and to providefor related matters.

    Reported without amendments.

    SENATE BILL NO. 363—BY SENATOR APPEL

    AN ACTTo amend and reenact R.S. 13:994(A), relative to the judicial

    expense fund for the Twenty-Fourth Judicial District; to increasecertain fees and costs; and to provide for related matters.

    Reported without amendments.

    SENATE BILL NO. 382—BY SENATORS THOMPSON, ALLAIN, FANNIN, LONG AND JOHNSMITH

    AN ACTTo enact R.S. 3:1434(6) and 1450, relative to the regulation of seeds;

    to prohibit local governmental entities and other local governingauthorities from regulating the registration, distribution, sale, orplanting of seeds; to provide for the powers of the commissionerof agriculture and forestry; to provide for the duties of theAgricultural Chemistry and Seed Commission; to provide for aprocess for amending department rules and regulations; torequire ordinance and restriction approval by the commissioner;to provide for adjudicatory proceedings; and to provide forrelated matters.

    Reported without amendments.

    SENATE BILL NO. 96—BY SENATOR GARY SMITH AND REPRESENTATIVE GARY CARTER

    AN ACTTo repeal R.S. 13:847(E)(1)(c) and (d), relative to fees in criminal

    cases; to repeal certain fees charged for certain felonyexpungement proceedings; to repeal certain fees charged forcertain misdemeanor expungement proceedings; and to providefor related matters.

    Reported without amendments.

    SENATE BILL NO. 154—BY SENATOR CLAITOR

    AN ACTTo repeal R.S. 13:5105(C), relative to courts and judicial procedure;

    to repeal certain provisions relative to jury trials that weredeclared unconstitutional; and to provide for related matters.

    Reported without amendments.

    SENATE BILL NO. 205—BY SENATOR CARTER AND REPRESENTATIVE GARY CARTER

    AN ACTTo amend and reenact R.S. 26:901(34), relative to the office of

    alcohol and tobacco control; to provide for the definition oftobacco wholesale dealers; to provide for required sales oftobacco wholesale dealers; and to provide for related matters.

    Reported without amendments.

    SENATE BILL NO. 216—BY SENATOR CARTER

    AN ACTTo enact R.S. 3:2364(D)(11) and 2366, relative to animal shelters; to

    create the Louisiana Animal Shelter Registry; to provide relativeto the duties of the Louisiana Animal Welfare Commission; toprovide for voluntary registration of animal shelters; to providefor definitions; to provide for registration form requirements; torequire certain records; and to provide for related matters.

    Reported without amendments.

    SENATE BILL NO. 153—BY SENATOR CLAITOR

    AN ACTTo amend and reenact R.S. 40:1788(B), relative to firearms; to

    provide regarding an identification number or other mark on afirearm; to delete provisions relative to a presumption of guiltagainst a defendant in possession of a firearm with anidentification number or mark that has been removed or altered;and to provide for related matters.

    Reported without amendments.

    Respectfully submitted,ALFRED W. SPEER

    Clerk of the House of Representatives

    Message from the House

    PASSED SENATE BILLS ANDJOINT RESOLUTIONS

    May 19, 2016

    To the Honorable President and Members of the Senate:

    I am directed to inform your honorable body that the House ofRepresentatives has finally passed the following Senate Bills andJoint Resolutions:

    SENATE BILL NO. 123—BY SENATOR CLAITOR

    AN ACTTo amend and reenact Title VIII of the Code of Criminal Procedure,

    to be comprised of Articles 311 through 342, R.S. 15:85, and theintroductory paragraph of R.S. 22:1441(A) and (A)(1) through(5), (C)(1), the introductory paragraph of (C)(2) and (C)(2)(a)through (e), and (D), to enact R.S. 22:1441(C)(3) through (5),and to repeal Code of Criminal Procedure Articles 327.1, 330.1,330.2, 330.3, 334.1, 334.2, 334.3, 334.4, 334.5, 334.6, 335.1,335.2, 336.1, 336.2, 343, 344, 345, 346, 347, 348, 349, 349.1,349.2, 349.3, 349.4, 349.5, 349.6, 349.7, 349.8, and 349.9,relative to bail; to provide for the revision and reorganization ofbail law; to provide for definitions; to provide for the right tobail; to provide for bail hearings and detention without bail; toprovide for the authority to fix bail; to provide schedules of bailand factors in fixing bail; to provide for modification of bail; toprovide for conditions, types, and restrictions of bail; to providefor bail with and without surety; to provide for cash deposits; toprovide the requirements of the bail undertaking; to provide fornotice of required appearance; to provide for discharge of thebail obligation; to provide relative to a defendant's failure to

    970

  • 39th DAY'S PROCEEDINGS Page 5 SENATEMay 23, 2016

    appear and issuance and notice of arrest warrant; to provide forthe filing of a rule to show cause; to provide for nonforfeituresituations; to provide for notice and recordation of judgment; toprovide for appeals; to provide for enforcement of judgment; toprovide relative to failure to satisfy a judgment of bondforfeiture or claim under a criminal bond contract; and toprovide for related matters.

    Reported with amendments.

    SENATE BILL NO. 326—BY SENATORS CLAITOR, BARROW AND COLOMB ANDREPRESENTATIVE JAMES

    AN ACTTo amend and reenact R.S. 14:403(A)(1)(b) and to enact Children's

    Code Article 610(H), relative to the reporting of child abuse andneglect; to add starvation and malnutrition to the definition of"serious bodily injury"; to require an annual report to thelegislature; and to provide for related matters.

    Reported with amendments.

    SENATE BILL NO. 381—BY SENATOR MARTINY

    AN ACTTo enact R.S. 35:415, relative to ex officio notaries; to provide for

    the appointment of ex officio notaries for the Causeway PoliceDepartment; to provide for the exercise of authority; to providefor the authority of the chief of police of the department tosuspend or terminate the appointment; and to provide for relatedmatters.

    Reported with amendments.

    SENATE BILL NO. 94—BY SENATOR COLOMB

    AN ACTTo amend and reenact Code of Civil Procedure Arts. 10(A)(3) and

    (4) and 4556 and to enact Chapter 24 of Title 13 of theLouisiana Revised Statutes of 1950, to be comprised of R.S.13:4251.101 through 4251.505, relative to adults in need ofcare; to provide relative to courts and judicial procedure; toprovide relative to jurisdiction and procedures for actionsbrought pursuant to the Louisiana Uniform Adult GuardianshipProtective Proceedings Jurisdiction Act; to provide for ancillaryinterdiction procedures for protected persons; to provide a shorttitle for the Louisiana Uniform Adult Guardianship andProtective Proceedings Jurisdiction Act; to provide certaindefinitions, terms, procedures, conditions, requirements andeffects; to provide for international application of the Chapter;to provide for communication between Louisiana courts andcourts of other states; to provide for cooperation betweenLouisiana courts and courts of other states; to provide for takingtestimony in another state; to provide for exclusive basis; toprovide for jurisdiction; to provide for special jurisdiction; toprovide for exclusive and continuing jurisdiction; to provide forappropriate forums; to provide for jurisdiction declined byreason of conduct; to provide for notice of proceedings; toprovide for proceedings in more than one state; to provide fortransfer of guardianship or conservatorship proceedings toanother state; to provide for accepting guardianship orconservatorship proceedings transferred from another state; toprovide for registration of guardianship orders; to provide forregistration of protective orders; to provide for the effect of theregistration of such orders; to provide for uniformity ofapplication and construction; to provide relative to theElectronic Signatures in Global and National Commerce Act; toprovide for transitional provision; and to provide for relatedmatters.

    Reported with amendments.

    SENATE BILL NO. 26—BY SENATOR ALLAIN

    AN ACTTo amend and reenact Civil Code Arts. 655 and 656, relative to

    servitudes; to provide relative to natural servitudes; to providerelative to natural drainage, obligations of owners, and dominantand servient estates; to provide certain terms and effects; and toprovide for related matters.

    Reported with amendments.

    SENATE BILL NO. 82—BY SENATOR MORRISH

    AN ACTTo enact Chapter 52 of Title 34 of the Louisiana Revised Statutes of

    1950, to be comprised of R.S. 34:5201 through 5205, and torepeal Chapters 31 and 32 of Title 34 of the Louisiana RevisedStatutes of 1950, comprised of R.S. 34:2501 through 2506 andR.S. 34:2551 through 2556, relative to port, harbor, and terminaldistricts; to create the Cameron Parish Port, Harbor, andTerminal District; to create the Cameron Parish PortCommission to administer such district; to provide for itsmembers, duties, and powers, including its authority to levytaxes and to issue bonds; to terminate the East Cameron Port,Harbor and Terminal District and the East Cameron PortCommission; to terminate the West Cameron Port, Harbor andTerminal District and the West Cameron Port Commission; toprovide for an effective date; and to provide for related matters.

    Reported with amendments.

    SENATE BILL NO. 357—BY SENATOR CARTER

    AN ACTTo enact R.S. 32:44, relative to red light cameras; to require

    notification of red light camera locations; to provide fordefinitions; and to provide for related matters.

    Reported with amendments.

    SENATE BILL NO. 107—BY SENATOR BARROW

    AN ACTTo amend and reenact R.S. 36:251(A), (B), and (C)(1), to enact R.S.

    49:191(9)(b), and to repeal R.S. 49:191(6)(d), relative to theDepartment of Health and Hospitals; to provide for the namechange of the department to the Department of Health; toprovide for the re-creation of the Department of Health and thestatutory entities made a part of the department by law; toprovide for the effective termination date for all statutoryauthority for the existence of such statutory entities; and toprovide for related matters.

    Reported with amendments.

    Respectfully submitted,ALFRED W. SPEER

    Clerk of the House of Representatives

    Privileged Report of theLegislative Bureau

    May 23, 2016

    To the President and Members of the Senate:

    I am directed by your Legislative Bureau to submit thefollowing report:

    The following instruments are approved as to construction andduplication.

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    HOUSE BILL NO. 244—BY REPRESENTATIVE PUGH

    AN ACTTo amend and reenact R.S. 34:1951(D), relative to the South

    Tangipahoa Parish Port Commission; to extend term limitationsfor members of the South Tangipahoa Parish Port Commission;to provide for an effective date; and to provide for relatedmatters.

    Reported without amendments.

    HOUSE BILL NO. 357—BY REPRESENTATIVE LEGER

    AN ACTTo repeal R.S. 48:388(F), relative to rail; to provide relative to

    assistance for rail service; to provide for an effective date; andto provide for related matters.

    Reported without amendments.

    HOUSE BILL NO. 400—BY REPRESENTATIVE REYNOLDS

    AN ACTTo amend and reenact R.S. 17:351.1(B)(1), relative to textbooks and

    other instructional materials; to provide relative to the review oftextbooks and other instructional materials by the stateDepartment of Education; to require that the department conductsuch reviews in accordance with the schedule of the State Boardof Elementary and Secondary Education for reviews of certaincontent standards; to require the department to prioritize certainreviews and to publish a related timeline on its website; and toprovide for related matters.

    Reported without amendments.

    HOUSE BILL NO. 401—BY REPRESENTATIVE REYNOLDS

    AN ACTTo amend and reenact R.S. 17:282.3(B)(1), relative to personal

    financial education; to require public elementary or secondaryschools to offer instruction in personal financial management;and to provide for related matters.

    Reported without amendments.

    HOUSE BILL NO. 429—BY REPRESENTATIVE BROADWATER

    AN ACTTo amend and reenact R.S. 38:2212.1(N)(1) through (4)(introductory

    paragraph) and to repeal R.S. 38:2212.1(N)(4)(a) through (g),relative to group purchasing of school materials, equipment, andsupplies; to authorize public school districts and public schoolsto enter into agreements with qualified group purchasingorganizations for the purchase of materials, equipment, andsupplies; to provide relative to definitions; and to provide forrelated matters.

    Reported without amendments.

    HOUSE BILL NO. 625—BY REPRESENTATIVE TERRY LANDRY

    AN ACTTo amend and reenact R.S. 32:1512(B) and to enact R.S. 32:1512(E)

    and 1520(C), relative to the transportation of hazardousmaterial; to provide for additional factors for consideration indetermining the amount of a penalty assessed to persons whotransport hazardous material and are found to have committedcertain violations; to provide when a penalty will not beimposed on persons who transport hazardous material followingcertain incidents involving hazardous material; to prohibit theissuance of a citation for careless handling of hazardous materialin certain circumstances; and to provide for related matters.

    Reported without amendments.

    HOUSE BILL NO. 632—BY REPRESENTATIVES JIM MORRIS, ARMES, BILLIOT, BISHOP,TERRY BROWN, CHANEY, COUSSAN, DEVILLIER, FOIL, GISCLAIR,GUINN, LYONS, MIGUEZ, MONTOUCET, WHITE, AND ZERINGUE

    AN ACTTo enact R.S. 30:4.3, relative to financial security required by the

    commissioner of conservation; to provide for financial securityrequired to conduct certain oil and gas activity; to authorize thecommissioner of conservation to promulgate rules andregulations; to provide for required amounts; to provide forexemptions; to provide for an effective date; and to provide forrelated matters.

    Reported without amendments.

    HOUSE BILL NO. 751—BY REPRESENTATIVE LEGER

    AN ACTTo amend and reenact R.S. 32:295.1(G)(1), relative to

    noncompliance with compulsory seat belt law; to increase finesfor seat belt violations; and to provide for related matters.

    Reported without amendments.

    HOUSE BILL NO. 819—BY REPRESENTATIVES JIM MORRIS, ARMES, BILLIOT, BISHOP,TERRY BROWN, CHANEY, COUSSAN, DEVILLIER, GUINN, MIGUEZ,MONTOUCET, WHITE, AND ZERINGUE

    AN ACTTo amend and reenact R.S. 30:82, 84(A)(1), 86(B), (C), and (E)(1),

    87(A), (E), and (F)(1), and 95(A) and to enact R.S. 30:83(F)(2),83.1, and 86(F), relative to the Oilfield Site Restoration Fund;to provide for definitions; to authorize the issuance of bonds forcertain purposes; to provide for the pledge and dedication of themonies deposited in the Oilfield Site Restoration Fund; toprovide for the duties and powers of the secretary of theDepartment of Natural Resources and the Oilfield SiteRestoration Commission; to provide for the liability of the state;to provide relative to the requirements and limitations forissuance of revenue bonds; to authorize the execution of certaindocuments; to provide for uses of the Oilfield Site RestorationFund; to provide for fees on crude petroleum and gas produced;to provide for the suspension and resumption of collecting fees;and to provide for related matters.

    Reported without amendments.

    HOUSE BILL NO. 858—BY REPRESENTATIVE MONTOUCET

    AN ACTTo amend and reenact R.S. 33:2476(C) and 2536(C), relative to the

    municipal fire and police civil service board; to provide relativeto the members of the board; to provide relative to theappointment of such members; to provide a judicial remedy forfailure to appoint such members; and to provide for relatedmatters.

    Reported without amendments.

    HOUSE BILL NO. 859—BY REPRESENTATIVE MONTOUCET

    AN ACTTo amend and reenact R.S. 33:2554(B) and 2555(B)(3)(a), relative

    to the municipal fire and police civil service; to provide relativeto the employees of the classified service; to provide relative tothe appointment and removal of such employees; and to providefor related matters.

    Reported without amendments.

    HOUSE BILL NO. 861—BY REPRESENTATIVE MONTOUCET

    AN ACTTo amend and reenact R.S. 33:2473 and 2533, relative to the

    municipal fire and police civil service; to provide relative todefined terms within the provisions governing the classifiedservice; to add the term "regular paid or regularly paid

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    department" as a defined term; and to provide for relatedmatters.

    Reported without amendments.

    HOUSE BILL NO. 873—BY REPRESENTATIVE MONTOUCET

    AN ACTTo amend and reenact R.S. 33:2503 and 2563, relative to the

    municipal fire and police civil service; to provide relative to theofficers and employees of the classified service; to providerelative to the duties and responsibilities of such officers andemployees; and to provide for related matters.

    Reported without amendments.

    HOUSE BILL NO. 964—BY REPRESENTATIVE SMITH

    AN ACTTo amend and reenact R.S. 17:436.3(C)(1), relative to care for

    elementary and secondary school students with diabetes; toprovide relative to persons authorized to provide such care; andto provide for related matters.

    Reported without amendments.

    HOUSE BILL NO. 989—BY REPRESENTATIVE SHADOIN

    AN ACTTo amend and reenact R.S. 17:3351(A)(5)(b)(i), relative to

    nonresident tuition and fees at public postsecondary educationinstitutions; to remove limitations on the tuition and feeamounts; and to provide for related matters.

    Reported without amendments.

    HOUSE BILL NO. 1032—BY REPRESENTATIVE STEVE CARTER

    AN ACTTo enact R.S. 33:9097.28, relative to East Baton Rouge Parish; to

    create the Cypress Point Crime Prevention and ImprovementDistrict; to provide relative to the boundaries, purpose,governance, and powers and duties of the district; to providerelative to district funding, including the authority to impose aparcel fee, subject to voter approval, within the district; toprovide with respect to termination of the district; and to providefor related matters.

    Reported without amendments.

    HOUSE BILL NO. 1042—BY REPRESENTATIVE BAGLEY

    AN ACTTo amend and reenact R.S. 33:2933(A)(1), (D), and (E) and to enact

    R.S. 33:2933(A)(3), relative to electronic payments; to authorizecertain local and private entities to accept electronic paymentsfor local charges; to authorize such entities to assess a fee forprocessing such payments; to provide for definitions; and toprovide for related matters.

    Reported without amendments.

    HOUSE BILL NO. 1056—BY REPRESENTATIVE LEGER

    AN ACTTo amend and reenact R.S. 33:130.865(9) and 130.866 and to enact

    R.S. 33:130.865(10), relative to the New Orleans ExhibitionHall Authority Economic Growth and Development District; toprovide relative to the powers and duties of the district,including the authority to levy taxes and implement taxincrement financing; to authorize the district to createsubdistricts and to provide for their powers and duties; and toprovide for related matters.

    Reported without amendments.

    HOUSE BILL NO. 1059—BY REPRESENTATIVE DAVIS

    AN ACTTo amend and reenact R.S. 40:1846(C) and 1851(A) and (F) and to

    repeal R.S. 40:1851(B), (G), and (H), relative to the LouisianaLiquefied Petroleum Gas Commission; to authorize theLouisiana Liquefied Petroleum Gas Commission to print rulesand regulations of the commission on the commission's website;to provide that an assessment may be levied on holders of acertain class of permit holders; to provide relative tomembership of an advisory board to the Louisiana LiquefiedPetroleum Gas Commission; to repeal provisions of law relatingto elections and assessments; and to provide for related matters.

    Reported without amendments.

    HOUSE BILL NO. 1086—BY REPRESENTATIVE LANCE HARRIS

    AN ACTTo amend and reenact R.S. 38:2212(A)(1), relative to the contract

    limit for public works contracts let by certain municipalities; toauthorize certain municipalities to let contracts for public worksin accordance with state public bid law rather than a home rulecharter; and to provide for related matters.

    Reported without amendments.

    HOUSE BILL NO. 1087—BY REPRESENTATIVE GREGORY MILLER

    AN ACTTo amend and reenact R.S. 38:101(C) and 103(B), relative to entities

    responsible for the maintenance and operation of the hurricaneprotection system; relative to which entities may be called uponto cooperate and assist with certain hurricane protectionprojects; and to provide for related matters.

    Reported without amendments.

    HOUSE BILL NO. 1149— (Substitute for House Bill No. 682by Representative Leger)

    BY REPRESENTATIVE LEGER AN ACT

    To amend and reenact R.S. 38:330.1(C)(3) and (4), (D)(2), (E),(F)(1), and (H) and to enact R.S. 38:330.1(C)(5) and (D)(3) and330.2(A)(2)(c), relative to the Southeast Louisiana FloodProtection Authority-East and Southeast Louisiana FloodProtection Authority-West Bank; to provide relative to thenominating process for vacancies on the board of commissionersof the Southeast Louisiana Flood Protection Authority-East andthe Southeast Louisiana Flood Protection Authority-West Bank;to provide relative to the terms of members of the boards ofcommissioners of the Southeast Flood Louisiana ProtectionAuthority-East and the Southeast Louisiana Flood ProtectionAuthority-West Bank; to provide relative to the powers andduties of the board of commissioners of the Southeast LouisianaFlood Protection Authority-East and the Southeast LouisianaFlood Protection Authority-West Bank; and to provide forrelated matters.

    Reported without amendments.

    HOUSE BILL NO. 1150— (Substitute for House Bill No. 1122by Representative L. Harris)

    BY REPRESENTATIVE LANCE HARRIS AN ACT

    To amend and reenact R.S. 48:221(A)(2), relative to propertyacquired by the Department of Transportation andDevelopment; to provide relative to the method by which theDepartment of Transportation and Development disposes ofcertain property; and to provide for related matters.

    Reported without amendments.

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    HOUSE BILL NO. 1156— (Substitute for House Bill No. 392 byRepresentative Nancy Landry)

    BY REPRESENTATIVE NANCY LANDRY AN ACT

    To enact R.S. 17:418(C)(3)(d), relative to salaries for teachers andother school employees; to provide for the reduction of suchsalaries in certain circumstances; and to provide for relatedmatters.

    Reported without amendments.

    Respectfully submitted,DANIEL R. MARTINY

    Chairman

    Adoption of Legislative Bureau Report

    On motion of Senator Martiny, the Bills and Joint Resolutionswere read by title and passed to a third reading.

    Introduction of Senate Resolutions

    Senator Morrish asked for and obtained a suspension of the rulesto read Senate Resolutions a first and second time.

    SENATE RESOLUTION NO. 137—BY SENATOR MORRISH

    A RESOLUTIONTo acknowledge with gratitude and commend Stonewell Serrett for

    his lifelong dedication and service to the United States Navy andthe state of Louisiana.

    On motion of Senator Morrish the resolution was read by titleand adopted.

    SENATE RESOLUTION NO. 138—BY SENATOR JOHNS

    A RESOLUTIONTo commend and congratulate Della Gary for sixty years of

    dedicated service at the CITGO Lake Charles ManufacturingComplex.

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

    SENATE RESOLUTION NO. 139—BY SENATOR JOHNS

    A RESOLUTIONTo express the sincere condolences of the Senate of the Legislature

    of Louisiana upon the death of Jack Edward Lawton Sr. on April11, 2016, at the age of eighty-seven.

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

    SENATE RESOLUTION NO. 140—BY SENATOR JOHNS

    A RESOLUTIONTo express the sincere condolences of the Senate of the Legislature

    of Louisiana upon the death of Richard "Dick" Joseph Gregoryof Sulphur, Louisiana.

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

    SENATE RESOLUTION NO. 141—BY SENATOR CARTER

    A RESOLUTIONTo urge and request the Department of Public Safety and Corrections,

    public safety services, to study and make recommendationsrelative to fees and payment methods available to students fordriver education courses.

    The resolution was read by title and placed on the Calendar fora second reading.

    SENATE RESOLUTION NO. 142—BY SENATOR CARTER

    A RESOLUTIONTo urge and request the Louisiana State Law Institute to study and

    make recommendations regarding the feasibility of revisions topresent laws to require physical custody of children to be sharedequally.

    The resolution was read by title and placed on the Calendar fora second reading.

    SENATE RESOLUTION NO. 143—BY SENATOR MORRELL

    A RESOLUTIONTo urge and request the Marriage-Persons Committee of the

    Louisiana State Law Institute to study, and the Louisiana StateLaw Institute to make, annual comprehensive and ongoingrecommendations to the Legislature regarding state law postObergefell v. Hodges, including but not limited torecommendations in the form of proposed legislation forrevisions to laws governing families, persons, communityproperty, successions, immovable property, the rights of thirdparties, procedure, and the stability and validity of transactions.

    The resolution was read by title and placed on the Calendar fora second reading.

    SENATE RESOLUTION NO. 144—BY SENATOR GARY SMITH

    A RESOLUTIONTo urge and request the Louisiana State Police to study the feasibility

    of regulating ignition interlock device companies.

    The resolution was read by title and placed on the Calendar fora second reading.

    SENATE RESOLUTION NO. 145—BY SENATORS ALARIO, CLAITOR AND COLOMB

    A RESOLUTIONTo commend the Louisiana State University women's gymnastics

    team on an outstanding 2016 season.

    On motion of Senator Walsworth the resolution was read by titleand adopted.

    SENATE RESOLUTION NO. 146—BY SENATOR WALSWORTH

    A RESOLUTIONTo recognize Tuesday, May 24, 2016, as March of Dimes Day at the

    Louisiana State Capitol.

    On motion of Senator Walsworth the resolution was read by titleand adopted.

    SENATE RESOLUTION NO. 147—BY SENATOR BOUDREAUX

    A RESOLUTIONTo commend the Teurlings Catholic High School boys baseball team

    of Lafayette, Louisiana, and to congratulate the Rebel playersand coaches on an outstanding 2015-2016 season and their firstplace finish in the Louisiana High School Athletic AssociationClass 4A state championship.

    On motion of Senator Boudreaux the resolution was read by titleand adopted.

    SENATE RESOLUTION NO. 148—BY SENATOR BOUDREAUX

    A RESOLUTIONTo express the sincere condolences of the Senate of the Legislature

    of Louisiana upon the death of Alvarez Hertzock Sr.

    On motion of Senator Boudreaux the resolution was read by titleand adopted.

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  • 39th DAY'S PROCEEDINGS Page 9 SENATEMay 23, 2016

    SENATE RESOLUTION NO. 149—BY SENATOR THOMPSON

    A RESOLUTIONTo express the sincere condolences of the Senate of the Legislature

    of Louisiana upon the death of B. Lehman Williamson.

    On motion of Senator Thompson the resolution was read by titleand adopted.

    SENATE RESOLUTION NO. 150—BY SENATOR THOMPSON

    A RESOLUTIONTo commend Summer Elgourani on winning first place in the 2016

    ALS Association Essay contest.

    On motion of Senator Thompson the resolution was read by titleand adopted.

    Introduction ofSenate Concurrent Resolutions

    Senator Milkovich asked for and obtained a suspension of therules to read Senate Concurrent Resolutions a first and second time.

    SENATE CONCURRENT RESOLUTION NO. 123—BY SENATORS MILKOVICH AND LONG

    A CONCURRENT RESOLUTIONTo commend John Mamoulides upon his induction into the Louisiana

    Political Museum and Hall of Fame.

    The concurrent resolution was read by title. Senator Milkovichmoved to adopt the Senate Concurrent Resolution.

    ROLL CALL

    The roll was called with the following result:

    YEAS

    Mr. President Erdey MorrishAllain Fannin PeacockAppel Hewitt PerryBarrow Johns RiserBishop LaFleur Smith, G.Boudreaux Lambert Smith, J.Brown Long TarverCarter Martiny ThompsonChabert Milkovich WalsworthClaitor Mills WardColomb Mizell WhiteCortez Morrell Total - 35

    NAYS

    Total - 0ABSENT

    Donahue LuneauGatti Peterson Total - 4

    The Chair declared the Senate adopted the Senate ConcurrentResolution and ordered it sent to the House.

    SENATE CONCURRENT RESOLUTION NO. 124—BY SENATOR LONG

    A CONCURRENT RESOLUTIONTo commend Anthony Thomas on being named to the 2016

    Louisiana Sports Hall of Fame Induction Class.

    The concurrent resolution was read by title. Senator Longmoved to adopt the Senate Concurrent Resolution.

    ROLL CALL

    The roll was called with the following result:

    YEAS

    Mr. President Erdey MorrishAllain Fannin PeacockAppel Hewitt PerryBarrow Johns RiserBishop LaFleur Smith, G.Boudreaux Lambert Smith, J.Brown Long TarverCarter Martiny ThompsonChabert Milkovich WalsworthClaitor Mills WardColomb Mizell WhiteCortez Morrell Total - 35

    NAYS

    Total - 0ABSENT

    Donahue LuneauGatti Peterson Total - 4

    The Chair declared the Senate adopted the Senate ConcurrentResolution and ordered it sent to the House.

    SENATE CONCURRENT RESOLUTION NO. 125—BY SENATOR MORRELL

    A CONCURRENT RESOLUTIONTo urge and request the Department of Economic Development to

    notify the Legislature when a tax incentive certification of onemillion dollars or more is granted under any Department ofEconomic Development managed tax incentive program.

    The resolution was read by title and placed on the Calendar fora second reading.

    SENATE CONCURRENT RESOLUTION NO. 126—BY SENATOR COLOMB

    A CONCURRENT RESOLUTIONTo commend the efforts of The Links, Incorporated, and to designate

    Wednesday, May 25, 2016, as Louisiana Links Day at the statecapitol.

    The concurrent resolution was read by title. Senator Colombmoved to adopt the Senate Concurrent Resolution.

    ROLL CALL

    The roll was called with the following result:

    YEAS

    Mr. President Fannin PeacockAllain Hewitt PerryAppel Johns RiserBarrow LaFleur Smith, G.Bishop Lambert Smith, J.Boudreaux Long TarverBrown Martiny ThompsonCarter Milkovich WalsworthChabert Mills WardColomb Mizell WhiteCortez MorrellErdey Morrish Total - 34

    NAYS

    Total - 0

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  • Page 10 SENATE 39th DAY'S PROCEEDINGSMay 23, 2016

    ABSENT

    Claitor Gatti PetersonDonahue Luneau Total - 5

    The Chair declared the Senate adopted the Senate ConcurrentResolution and ordered it sent to the House.

    Message from the House

    ASKING CONCURRENCE INHOUSE CONCURRENT RESOLUTIONS

    May 23, 2016

    To the Honorable President and Members of the Senate:

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

    HCR No. 3 HCR No. 112 HCR No. 105

    HCR No. 138

    Respectfully submitted,ALFRED W. SPEER

    Clerk of the House of Representatives

    House Concurrent Resolutionson First Reading

    HOUSE CONCURRENT RESOLUTION NO. 3—BY REPRESENTATIVE IVEY

    A CONCURRENT RESOLUTIONTo direct the commissioner of administration to change the

    expenditure limit for Fiscal Year 2016-2017.

    The resolution was read by title and placed on the Calendar fora second reading.

    HOUSE CONCURRENT RESOLUTION NO. 105—BY REPRESENTATIVE HAVARD

    A CONCURRENT RESOLUTIONTo create the Special Permit Task Force to study and make

    recommendations regarding special permits issued by theDepartment of Transportation and Development for oversize andoverweight truck movement on state highways.

    The resolution was read by title and placed on the Calendar fora second reading.

    HOUSE CONCURRENT RESOLUTION NO. 112—BY REPRESENTATIVE CARPENTER

    A CONCURRENT RESOLUTIONTo urge and request the Capital Area Human Services District to

    conduct a study of systems for providing appropriate mentalhealth and behavioral health treatment in the capital region as analternative to hospitalization or detention in jails or othercorrectional facilities of persons in mental health or behavioralhealth crisis, and to report findings of the study to the CapitalRegion Legislative Delegation and the legislative committees onhealth and welfare.

    The resolution was read by title and placed on the Calendar fora second reading.

    HOUSE CONCURRENT RESOLUTION NO. 138—BY REPRESENTATIVE BAGLEY

    A CONCURRENT RESOLUTIONTo commend Logansport, Louisiana, and the Logansport Lions Club

    for their Christmas fundraiser and Christmas Pageant Tour.

    The resolution was read by title and placed on the Calendar fora second reading.

    House Bills and Joint Resolutions onSecond Reading

    HOUSE BILL NO. 987—BY REPRESENTATIVES MIKE JOHNSON, ABRAHAM, AMEDEE,BARRAS, BOUIE, BROADWATER, TERRY BROWN, CARMODY, ROBBYCARTER, STEVE CARTER, CONNICK, DEVILLIER, EDMONDS,EMERSON, FOIL, GUINN, HODGES, HOFFMANN, HORTON, IVEY,NANCY LANDRY, LEGER, LOPINTO, MACK, MCFARLAND, MIGUEZ,GREGORY MILLER, POPE, PYLANT, REYNOLDS, SEABAUGH, STOKES,WILLMOTT, AND ZERINGUE

    AN ACTTo amend and reenact R.S. 44:4.1(B)(28) and to enact Part VII of

    Chapter 15 of Title 42 of the Louisiana Revised Statutes of1950, to be comprised of R.S. 42:1231 through 1242, relative toqui tam actions; to prohibit false or fraudulent claims or false ormisleading statements in relation to obtaining state funds, stateproperty, use of state property, or other compensation from stategovernment; to provide for civil actions by the attorney generalor by other persons to recover funds; to provide for damages,fines, penalties, and interest; to provide for an awards programfor information on violations; to provide for protection forcertain persons against reprisals by certain persons; to providefor an exception to the laws relative to public records; to providea prescriptive period; to provide for an effective date; and toprovide for related matters.

    The bill was read by title and referred by the President to theCommittee on Judiciary A.

    HOUSE BILL NO. 1120—BY REPRESENTATIVE SCHRODER

    AN ACTTo enact R.S. 47:1525, relative to the Department of Revenue; to

    provide for the review and revision of the tax laws of the state;to establish the Louisiana Tax Institute; to provide for themembership, terms, powers, and duties of the Institute; toauthorize the Institute to assist in the reform and continuousrevision of the state's tax laws and policies; to provide for thesubmission of certain reports and recommendations; to providefor an effective date; and to provide for related matters.

    The bill was read by title and referred by the President to theCommittee on Revenue and Fiscal Affairs.

    HOUSE BILL NO. 1160— (Substitute for House Bill No. 921 byRepresentative Davis)

    BY REPRESENTATIVES DAVIS, FRANKLIN, IVEY, NANCY LANDRY,JAY MORRIS, PIERRE, AND STOKES

    AN ACTTo amend and reenact R.S. 17:3394.3(A)(4), relative to corporations

    that support public postsecondary education; to provide relativeto capital projects undertaken by a nonprofit corporation onbehalf of the Board of Supervisors of Community and TechnicalColleges; to provide procedures for soliciting and evaluatingproposals from contractors; to provide that certain records of thecorporation be made available to the public; to requiremonitoring and status reports on projects; to provide relative tothe board of directors of such corporation; and to provide forrelated matters.

    The bill was read by title and referred by the President to theCommittee on Revenue and Fiscal Affairs.

    House Concurrent Resolutions onSecond Reading

    HOUSE CONCURRENT RESOLUTION NO. 113—BY REPRESENTATIVE LEBAS AND SENATOR MILLS

    A CONCURRENT RESOLUTIONTo establish the Louisiana Commission on Preventing Opioid Abuse

    to study and make recommendations regarding both short-termand long-term measures that can be taken to tackle prescription

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    opioid and heroin abuse and addiction in Louisiana, by using thebest practices and evidence-based strategies for its prevention,treatment, and enforcement.

    The resolution was read by title and referred by the President tothe Committee on Health and Welfare.

    Reports of Committees

    The following reports of committees were received and read:

    REPORT OF COMMITTEE ON

    FINANCE

    Senator Eric LaFleur, Chairman on behalf of the Committee onFinance, submitted the following report:

    May 19, 2016

    To the President and Members of the Senate:

    I am directed by your Committee on Finance to submit thefollowing report:

    HOUSE BILL NO. 431—BY REPRESENTATIVE CARMODY

    AN ACTTo amend and reenact R.S. 45:1177(A)(2), relative to the Public

    Service Commission; to increase certain quarterly fees withrespect to common and contract motor carriers and publicutilities; to provide for effectiveness; and to provide for relatedmatters.

    Reported favorably.

    Respectfully submitted,ERIC LAFLEUR

    Chairman

    REPORT OF COMMITTEE ON

    FINANCE

    Senator Eric LaFleur, Chairman on behalf of the Committee onFinance, submitted the following report:

    May 20, 2016

    To the President and Members of the Senate:

    I am directed by your Committee on Finance to submit thefollowing report:

    HOUSE BILL NO. 763—BY REPRESENTATIVES CARPENTER, COX, HUNTER, AND JACKSON

    AN ACTTo enact R.S. 28:931 and 932, relative to healthcare services for

    persons experiencing mental health or behavioral health crises;to authorize establishment of facilities to be known asintervention and stabilization units; to provide for powers ofhuman services districts and authorities with respect to suchfacilities; to provide for the geographic location of suchfacilities; to condition establishment of any such facility uponappropriation of funds; and to provide for related matters.

    Reported with amendments.

    Respectfully submitted,ERIC LAFLEUR

    Chairman

    REPORT OF COMMITTEE ON

    FINANCE

    Senator Eric LaFleur, Chairman on behalf of the Committee onFinance, submitted the following report:

    May 23, 2016

    To the President and Members of the Senate:

    I am directed by your Committee on Finance to submit thefollowing report:

    SENATE BILL NO. 325—BY SENATOR CLAITOR

    AN ACTTo amend and reenact R.S. 13:992.1(A) and (C)(4), relative to the

    Judicial Building Fund; to provide for the application of certaincourt costs and service charges in the Nineteenth JudicialDistrict; to provide for an effective date; and to provide forrelated matters.

    Reported with amendments.

    SENATE BILL NO. 407—BY SENATOR MILKOVICH

    AN ACTTo enact R.S. 39:1567(B)(4) and (F), relative to certain contract

    reporting requirements; to provide for reporting certain contractinformation on the Internet; to provide for the creation of theContract Services Joint Legislative Task Force; to provide forthe membership of the task force; to provide for the duties of thetask force; to provide for an effective date; and to provide forrelated matters.

    Reported with amendments.

    HOUSE BILL NO. 717—BY REPRESENTATIVE STOKES

    AN ACTTo amend and reenact Section 2 of Act No. 198 of the 2014 Regular

    Session of the Legislature and to enact R.S. 47:1608 and 1609,relative to the Department of Revenue; to provide for thefunding of the Department of Revenue; to provide for thedisposition of certain taxes, penalties, and interest collected bythe department; to provide for certain requirements andlimitations; to provide for certain interagency transfers; toprovide for an effective date; and to provide for related matters.

    Reported favorably.

    HOUSE BILL NO. 830—BY REPRESENTATIVE SEABAUGH

    AN ACTTo amend and reenact R.S. 15:587.1(B)(1) and (C)(introductory

    paragraph) and R.S. 17:407.42(B)(1)(a), relative to theDepartment of Education; to authorize the department to requestcriminal history information on certain personnel of earlylearning centers; to provide requirements relative to the stateBureau of Criminal Identification and Information upon thereceipt of such requests; to provide relative to fees; to providerelative to effectiveness; to provide relative to implementation;and to provide for related matters.

    Reported favorably.

    Respectfully submitted,ERIC LAFLEUR

    Chairman

    977

  • Page 12 SENATE 39th DAY'S PROCEEDINGSMay 23, 2016

    REPORT OF COMMITTEE ON

    RETIREMENT

    Senator Barrow Peacock, Chairman on behalf of the Committeeon Retirement, submitted the following report:

    May 19, 2016

    To the President and Members of the Senate:

    I am directed by your Committee on Retirement to submit thefollowing report:

    HOUSE CONCURRENT RESOLUTION NO. 12—BY REPRESENTATIVE FRANKLIN

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

    are necessary to review and consider eliminating provisions offederal law which reduce Social Security benefits for thosereceiving pension benefits from federal, state, or localgovernment retirement or pension systems, plans, or funds.

    Reported favorably.

    HOUSE BILL NO. 14—BY REPRESENTATIVE PEARSON

    AN ACTTo amend and reenact R.S. 11:181(A)(introductory paragraph),

    (B)(introductory paragraph), and (E), 511(1), 822(A)(5),1162(A)(2), 1302(A)(6) and (7), 1471(A) and (C), 1541,1651(B)(1), 1821(B)(5), 1981(B), 2091(B)(1),2173(A)(introductory paragraph), 2225(A)(2)(a), and2260(A)(2)(d) and to enact R.S. 11:2173(A)(7) and (8), relativeto boards of trustees of the state and statewide retirementsystems, plans, and funds; to authorize certain officers of thelegislature to be trustees on such boards; to authorizeappointment of designees; and to provide for related matters.

    Reported favorably.

    HOUSE BILL NO. 32—BY REPRESENTATIVES JONES, ARMES, BACALA, BAGLEY, BILLIOT,BOUIE, TERRY BROWN, CARPENTER, ROBBY CARTER, COX,FRANKLIN, GAINES, HALL, HAZEL, HILL, HOWARD, HUNTER,JACKSON, JAMES, JEFFERSON, JENKINS, ROBERT JOHNSON, TERRYLANDRY, MACK, MAGEE, MARCELLE, MCFARLAND, MIGUEZ,DUSTIN MILLER, MONTOUCET, MORENO, NORTON, PIERRE, POPE,PRICE, PYLANT, REYNOLDS, SEABAUGH, SHADOIN, SMITH,WILLMOTT, AND ZERINGUE

    AN ACTTo enact R.S. 11:542.2, 883.4, 1145.3, and 1331.2, relative to state

    retirement system experience accounts; to debit funds from suchaccounts to pay a benefit increase to certain retirees andbeneficiaries of state systems; to provide qualifications forreceipt of such payments; to provide relative to the amount ofsuch payments; and to provide for related matters.

    Reported with amendments.

    HOUSE BILL NO. 37—BY REPRESENTATIVE JONES

    AN ACTTo amend and reenact R.S. 11:1821(B)(1), (2), (6), and (7), (C), and

    (E) and 1842 and to enact R.S. 11:1823(A)(22), relative to theboard of trustees of the Municipal Employees' RetirementSystem; to grant certain trustees and their designees theauthority to vote; to provide relative to qualifications for serviceas an elected trustee; to provide for term duration; to provide forsubmission of reports to the legislature; to provide for trusteecompensation; to provide for expenditure of system funds; toprohibit trustees from accepting certain things of economicvalue; and to provide for related matters.

    Reported with amendments.

    HOUSE BILL NO. 39—BY REPRESENTATIVE PEARSON

    AN ACTTo amend and reenact R.S. 11:2072(A) and (B)(1) and to enact R.S.

    11:2072(C), relative to the maximum benefits for certainmembers of the Registrars of Voters Employees' RetirementSystem; and to provide for related matters.

    Reported favorably.

    HOUSE BILL NO. 53—BY REPRESENTATIVE FOIL

    AN ACTTo amend and reenact R.S. 11:1938(F)(2), relative to Deferred

    Retirement Option Plan accounts of members of the ParochialEmployees' Retirement System; to provide with respect to theinvestment of funds in such accounts; to provide with respect tothe rate of interest credited to such accounts; and to provide forrelated matters.

    Reported favorably.

    HOUSE BILL NO. 54—BY REPRESENTATIVE FOIL

    AN ACTTo amend and reenact R.S. 11:42(B)(introductory paragraph) and (2),

    relative to certain unfunded accrued liabilities of the Clerks ofCourt Retirement and Relief Fund; to provide with respect topayments on such debt; and to provide for related matters.

    Reported with amendments.

    HOUSE BILL NO. 60—BY REPRESENTATIVE MIGUEZ

    AN ACTTo amend and reenact R.S. 11:710(A)(8) and to enact R.S.

    11:710(A)(5)(d) and (9), relative to the reemployment of retireesof the Teachers' Retirement System of Louisiana in positionscovered by the system; to authorize the reemployment ofretirees as school nurses; to provide relative to earningsrestrictions on such reemployment; and to provide for relatedmatters.

    Reported with amendments.

    HOUSE BILL NO. 61—BY REPRESENTATIVE HOFFMANN

    AN ACTTo amend and reenact R.S. 11:710(A)(3) and (4)(b) and (F), relative

    to the reemployment of retirees of the Teachers' RetirementSystem of Louisiana in positions covered by the system; toauthorize the reemployment of school psychologists in criticalshortage areas; and to provide for related matters.

    Reported with amendments.

    HOUSE BILL NO. 907—BY REPRESENTATIVE LEBAS

    AN ACTTo amend and reenact R.S. 11:710(B)(1)(b) and (D) and to enact R.S.

    11:710(A)(9), relative to the reemployment of retirees of theTeachers' Retirement System of Louisiana; to provide relativeto the earnings limitation applicable to retirees who return towork as substitute classroom teachers under certaincircumstances; to provide a definition; to provide for reportingrequirements; and to provide for related matters.

    Reported with amendments.

    978

  • 39th DAY'S PROCEEDINGS Page 13 SENATEMay 23, 2016

    HOUSE BILL NO. 1093—BY REPRESENTATIVE IVEY

    AN ACTTo amend and reenact R.S. 24:513(C)(1), relative to reports made by

    the legislative auditor regarding public retirement systems; toprovide relative to the content of such reports; and to provide forrelated matters.

    Reported favorably.

    Respectfully submitted,BARROW PEACOCK

    Chairman

    REPORT OF COMMITTEE ON

    RETIREMENT

    Senator Barrow Peacock, Chairman on behalf of the Committeeon Retirement, submitted the following report:

    May 23, 2016

    To the President and Members of the Senate:

    I am directed by your Committee on Retirement to submit thefollowing report:

    HOUSE BILL NO. 56—BY REPRESENTATIVE LEGER

    AN ACTTo amend and reenact R.S. 11:3384(A)(2), (B)(2), and (D)(2) and

    3386(B) and to enact R.S. 11:3384(A)(3), (B)(3), and (D)(3),relative to new members of the Firefighters' Pension and ReliefFund in the city of New Orleans; to provide relative toretirement eligibility and benefits for such members; to providerelative to benefits for beneficiaries and survivors of certainsuch members; and to provide for related matters.

    Reported favorably.

    HOUSE BILL NO. 57—BY REPRESENTATIVE LEGER

    AN ACTTo amend and reenact R.S. 11:3363(B), relative to employee

    contributions in the Fire Fighters' Pension and Relief Fund in thecity of New Orleans; to provide with respect to the regularityand amount of such contributions; to provide with respect toconsent to such deductions; to provide relative to theestablishment of an "employer pick-up" plan within the systemin accordance with Internal Revenue Code provisions; toprovide relative to the transfer of such contributions to thesystem; to provide relative to the powers and duties of the boardwith respect to such contributions; to provide relative to memberrights relative to such contributions; and to provide for relatedmatters.

    Reported favorably.

    HOUSE BILL NO. 58—BY REPRESENTATIVE LEGER

    AN ACTTo amend and reenact R.S. 11:3385.1(D) and (H)(2), relative to the

    Deferred Retirement Option Plan in the Firefighters' Pensionand Relief Fund in the city of New Orleans; to provide relativeto benefit options for members electing to participate in suchplan; to provide with respect to account funds and interestthereon; to provide with respect to administrative fees chargedto such accounts; and to provide for related matters.

    Reported with amendments.

    HOUSE BILL NO. 59—BY REPRESENTATIVE LEGER

    AN ACTTo amend and reenact R.S. 11:3391, relative to conversion of leave

    to retirement credit in the Firefighters' Pension and Relief Fundin the city of New Orleans; to authorize such conversion; toprovide with respect to the amount of credit received for suchconversion; to provide with respect to the election to convertsuch leave; and to provide for related matters.

    Reported favorably.

    Respectfully submitted,BARROW PEACOCK

    Chairman

    REPORT OF COMMITTEE ON

    REVENUE AND FISCAL AFFAIRS

    Senator Jean-Paul "JP" Morrell, Chairman on behalf of theCommittee on Revenue and Fiscal Affairs, submitted the followingreport:

    May 19, 2016

    To the President and Members of the Senate:

    I am directed by your Committee on Revenue and Fiscal Affairsto submit the following report:

    HOUSE CONCURRENT RESOLUTION NO. 54—BY REPRESENTATIVE STOKES AND SENATOR MORRELL

    A CONCURRENT RESOLUTIONTo express the intent of the legislature regarding Act No. 451 of the

    2015 Regular Session of the Legislature.

    Reported favorably.

    HOUSE BILL NO. 464—BY REPRESENTATIVE BISHOP

    AN ACTTo amend and reenact R.S. 30:560(B) and (C) and 706 and to enact

    R.S. 30:560(D), relative to pipelines; to provide relative topipeline safety inspection fees for certain pipelines; to providerelative to the amounts and imposition of such fees; and toprovide for related matters.

    Reported favorably.

    HOUSE BILL NO. 608—BY REPRESENTATIVE ADAMS

    AN ACTTo amend and reenact R.S. 47:1838(1), relative to fees levied by the

    Louisiana Tax Commission; to increase the rate of the fee forthe assessment of public service properties for a certain periodof time; to provide for an effective date; and to provide forrelated matters.

    Reported favorably.

    HOUSE BILL NO. 735—BY REPRESENTATIVE ABRAMSON

    AN ACTTo amend and reenact R.S. 47:103(A), 287.614(A)(1),

    287.651(A)(1), 609(A), and 1675(H)(1)(e) and (f) as enacted byAct No. 23 of the 2016 First Extraordinary Session of theLegislature, relative to income tax returns; to provide for thetime and place of filing of certain income tax returns; to providefor the deadline for the payment of certain taxes; to providerelative to the claiming of certain transferable tax credits in theTax Credit Registry; to provide for applicability; to provide foran effective date; and to provide for related matters.

    Reported with amendments.

    979

  • Page 14 SENATE 39th DAY'S PROCEEDINGSMay 23, 2016

    HOUSE BILL NO. 737—BY REPRESENTATIVE ABRAMSON

    AN ACTTo amend and reenact R.S. 47:114(E), relative to the Department of

    Revenue; to provide with respect to deductions andwithholdings by certain employers; to provide for thesubmission of certain returns to the department; to change thedeadline for the submission of certain returns; to provide forapplicability; to provide for an effective date; and to provide forrelated matters.

    Reported with amendments.

    HOUSE BILL NO. 738—BY REPRESENTATIVE ABRAMSON

    AN ACTTo amend and reenact R.S. 45:1179, relative to the collection of

    certain fees; to provide for supervision and enforcement of thecollection of certain inspection and supervision fees; to providefor an effective date; and to provide for related matters.

    Reported favorably.

    HOUSE BILL NO. 756—BY REPRESENTATIVE ABRAMSON

    AN ACTTo enact R.S. 47:1520.2, relative to refunds from the Department of

    Revenue; to require the electronic filing of certain refundclaims; to provide with respect to the authority of the secretary;to provide for certain requirements; to provide for certainexceptions; to provide for applicability; to provide for aneffective date; and to provide for related matters.

    Reported favorably.

    HOUSE BILL NO. 772—BY REPRESENTATIVE ABRAMSON

    AN ACTTo amend and reenact R.S. 47:6351(B)(1), relative to rebate

    programs administered by the state; to provide relative to theProcurement Processing Company Rebate program; and toprovide for related matters.

    Reported with amendments.

    HOUSE BILL NO. 784—BY REPRESENTATIVES ABRAMSON, BROADWATER, DAVIS,DEVILLIER, DWIGHT, HORTON, HUVAL, IVEY, JAY MORRIS, JIMMORRIS, AND THIBAUT

    AN ACTTo amend and reenact R.S. 39:101(A)(1), 102(B), and 111 and to

    enact R.S. 39:105, relative to capital outlay; to provide withrespect to the submission of the capital outlay budget; to providefor revisions; to provide relative to the contents of a capitaloutlay budget request; to require the resubmission ofapplications of certain capital outlay budget requests; to requirelocal match information in capital outlay budget requests; torequire certain information to be annually reported to the JointLegislative Committee on Capital Outlay; to provide for certainrequirements; and to provide for related matters.

    Reported favorably.

    HOUSE BILL NO. 900—BY REPRESENTATIVE LEOPOLD

    AN ACTTo amend and reenact R.S. 30:2011(D)(22)(b) and (c) and (25),

    2014(D)(4) and (5), 2195(B), 2351.59(C)(1)(a) and (b), (2), and(3), and to enact R.S. 30:2014(D)(6), relative to fees collectedby the Department of Environmental Quality; to authorize anincrease of fees paid to the Department of EnvironmentalQuality; to authorize an increase of fees paid for accreditationby commercial laboratories; to authorize and increase in feespaid for certain reviews of immovable property; to authorize afee for requesting a declaratory ruling; to authorize an increasefor underground storage tank fees; to authorize an increase in

    fees deposited into the Lead Hazard Reduction Fund; and toprovide for related matters.

    Reported favorably.

    HOUSE BILL NO. 1060—BY REPRESENTATIVE STOKES

    AN ACTTo amend and reenact R.S. 47:301.2(G), relative to the Sales Tax

    Streamlining and Modernization Commission; to provide withrespect to sunset of the commission; and to provide for relatedmatters.

    Reported favorably.

    HOUSE BILL NO. 1103—BY REPRESENTATIVE STOKES

    AN ACTTo amend and reenact R.S. 47:103(D), relative to the individual

    income tax return; to provide the requirements for a request foran extension of time to file the return; and to provide for relatedmatters.

    Reported favorably.

    Respectfully submitted,DALE ERDEY

    Vice Chair

    Rules Suspended

    Senator Chabert asked for and obtained a suspension of the rulesto recall Senate Bill No. 134 from the Committee on NaturalResources.

    SENATE BILL NO. 134—BY SENATOR CHABERT

    AN ACTTo amend and reenact R.S. 49:214.5.1, relative to the Coastal

    Protection and Restoration Authority Board; to provide for itsmembership; and to provide for related matters.

    On motion of Senator Chabert the bill was read by title andwithdrawn from the files of the Senate.

    Rules Suspended

    Senator John Smith asked for and obtained a suspension of therules to recommit a bill.

    HOUSE BILL NO. 1165— (Substitute for House Bill No. 854 byRepresentative Huval)

    BY REPRESENTATIVE HUVAL AN ACT

    To enact R.S. 47:502.3, relative to motor vehicle insurance; toprovide for an exemption from registration and compulsorymotor vehicle security requirements for certain mobileconstruction equipment; and to provide for related matters.

    Senator John Smith moved to recommit the bill from theCommittee on Insurance to the Committee on Transportation,Highways and Public Works.

    Without objection, so ordered.

    980

  • 39th DAY'S PROCEEDINGS Page 15 SENATEMay 23, 2016

    Senate Bills and Joint ResolutionsReturned from the House of Representatives

    with Amendments

    SENATE BILL NO. 7—BY SENATOR PEACOCK

    AN ACTTo amend and reenact R.S. 11:1137, relative to the Louisiana School

    Employees' Retirement System; to provide relative torequirements for certain purchases of service credit; to providefor an effective date; and to provide for related matters.

    The bill was read by title. Returned from the House ofRepresentatives with amendments:

    HOUSE COMMITTEE AMENDMENTS

    Amendments proposed by House Committee on Retirement toEngrossed Senate Bill No. 7 by Senator Peacock

    AMENDMENT NO. 1On page 2, between lines 4 and 5, insert the following:

    "Section 2. The additional actuarial cost of this Act, if any, notfunded by member payments required pursuant to Section 1 of thisAct shall be funded with increased employer contributions incompliance with Article X, Section 29(F) of the Constitution ofLouisiana."

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

    Senator Peacock moved to concur in the amendments proposedby the House.

    ROLL CALL

    The roll was called with the following result:

    YEAS

    Mr. President Fannin MorrishAllain Hewitt PeacockAppel Johns PerryBarrow LaFleur RiserBoudreaux Lambert Smith, J.Brown Long TarverCarter Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell WhiteErdey Morrell Total - 32

    NAYS

    Total - 0ABSENT

    Bishop Gatti Smith, G.Chabert LuneauDonahue Peterson Total - 7

    The Chair declared the Senate concurred in the amendmentsproposed by the House.

    SENATE BILL NO. 72—BY SENATORS PEACOCK, BARROW, BISHOP, CARTER ANDMORRELL

    AN ACTTo enact Part VII of Chapter 9 of Title 23 of the Louisiana Revised

    Statutes of 1950, to be comprised of R.S. 23:1001, relative toemployment of veterans; to provide for legislative intent; toauthorize certain private employers to provide preferences in

    employment for certain veterans; to provide for policy; and toprovide for related matters.

    The bill was read by title. Returned from the House ofRepresentatives with amendments:

    HOUSE COMMITTEE AMENDMENTS

    Amendments proposed by House Committee on Labor and IndustrialRelations to Engrossed Senate Bill No. 72 by Senator Peacock

    AMENDMENT NO. 1On page 2, line 10, change "company" to "employer"

    HOUSE FLOOR AMENDMENTS

    Amendments proposed by Representative Cox to Engrossed SenateBill No. 72 by Senator Peacock

    AMENDMENT NO. 1Delete Committee Amendment No. 1 by the House Committee onLabor and Industrial Relations (#3943).

    AMENDMENT NO. 2On page 2, delete lines 10 through 12 and insert the following:

    "C. An employer may voluntarily establish a policy whichgrants preference in hiring to a veteran or a certain familymember of a veteran pursuant to the provisions of this Part."

    Senator Peacock moved to concur in the amendments proposedby the House.

    ROLL CALL

    The roll was called with the following result:

    YEAS

    Mr. President Fannin MorrishAllain Gatti PeacockAppel Hewitt PerryBarrow Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert Smith, J.Carter Long TarverChabert Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell WhiteErdey Morrell Total - 35

    NAYS

    Total - 0ABSENT

    Bishop LuneauDonahue Peterson Total - 4

    The Chair declared the Senate concurred in the amendmentsproposed by the House.

    SENATE BILL NO. 84—BY SENATOR GATTI

    AN ACTTo amend and reenact R.S. 33:2504 (B) and (C) and 2564(B) and

    (C), relative to civil service; to provide relative to civil serviceemployees; to provide for investigation of civil serviceemployee violations; to provide for a public hearing; and toprovide for related matters.

    The bill was read by title. Returned from the House ofRepresentatives with amendments:

    981

  • Page 16 SENATE 39th DAY'S PROCEEDINGSMay 23, 2016

    HOUSE FLOOR AMENDMENTS

    Amendments proposed by Representative Berthelot to ReengrossedSenate Bill No. 84 by Senator Gatti

    AMENDMENT NO. 1On page 1, line 2, after "amend and reenact" and before "R.S.33:2504(B)" insert "Subparagraphs (b) and (c) of Paragraph 34 ofArticle XIV, Section 15.1 of the Louisiana Constitution of 1921, and"

    AMENDMENT NO. 2On page 1, line 2, after "relative to" and before "civil" insert"municipal fire and police"

    AMENDMENT NO. 3On page 1, line 3, after "relative to" and before "employees;" delete"civil service" and insert "classified"

    AMENDMENT NO. 4On page 1, line 4, after "of" and before "and to" delete "civil serviceemployee violations; to provide for a public hearing;" and insert "anysuch employee for prohibited political activities; to provide forpenalties;"

    AMENDMENT NO. 5On page 1, between lines 6 and 7, insert the following:

    "Section 1. Subparagraphs (b) and (c) of Paragraph 34 of ArticleXIV, Section 15.1 of the Louisiana Constitution of 1921 are herebyamended and reenacted to read as follows:§15.1. Fire and police civil service; municipalities of 13,000 to

    250,000* * *

    34. Political Activities Prohibited.* * *

    b. The appointing authority shall discharge from the service anyemployee whom he deems guilty of violating any one or more of theprovisions of this Section. The board may, upon its own initiative,investigate any officer or employee in the classified service whom itreasonably believes guilty of violating any one or more of theprovisions of this Section. The board shall, within thirty days afterreceiving the written charges, hold a public hearing and investigationand determine whether such charges are true and correct. If the boardshould find upon its investigation of any employee that he hasviolated any of the foregoing provisions, the board shall order theappointing authority to forthwith discharge the guilty employee fromthe service and the appointing authority shall forthwith discharge theemployee. conduct an investigation of any person alleged to haveviolated a provision of this Paragraph, unless a request by theappointing authority is made to the board to conduct such aninvestigation. If as a result of such investigation the employee isdetermined to be guilty of violating one or more provisions of thisParagraph, he shall be suspended for thirty work days without pay fora first violation and discharged for a second violation. However, anyemployee found to have violated R.S. 33:2504(A)(4)(c) shall beterminated upon the determination of such a violation. The boardmay, upon its own initiative or upon the request of the appointingauthority, investigate any officer or employee in the classified servicewhom it reasonably believes guilty of violating any one or more ofthe provisions. Any citizen, taxpayer, municipal officer, or employeemay file with the board detailed charges in writing against anyemployee in the classified service for violating any provision of thisParagraph. The board shall, within thirty days after receiving thewritten charges, hold a public hearing and investigation anddetermine whether such charges are true and correct. If the boardfinds, upon its investigation, that an employee has violated anyprovision of this Paragraph, the board shall order the appointingauthority to suspend the employee without pay for thirty work daysfor a first violation and mandate educational training on prohibited

    political activities. If the board determines an employee has violatedany provision of this Paragraph for a second time, the board shallorder the discharge of the employee from the service, and theappointing authority shall discharge the employee.

    c. Whoever violates this Section is found to have violated aprovision of this Paragraph twice shall be subject to the penaltiesprovided in paragraph 37 R.S. 33:2507. In addition any employee inthe classified service who is discharged because of violating aforegoing provision of this Paragraph shall not again be eligible foremployment or public office in the classified service for a period ofsix years from the time of his discharge.

    * * *"

    AMENDMENT NO. 6On page 1, at the beginning of line 7, change "Section 1." to"Section 2."

    AMENDMENT NO. 7On page 3, at the beginning of line 26, change "Section 2." to"Section 3."

    AMENDMENT NO. 8On page 3, line 28, change "Section 1" to "Section 2"

    AMENDMENT NO. 9On page 4, line 1, change "Section 1" to "Section 2"

    Senator Gatti moved to concur in the amendments proposed bythe House.

    ROLL CALL

    The roll was called with the following result:

    YEAS

    Mr. President Erdey MizellAllain Fannin PerryAppel Gatti RiserBarrow Hewitt Smith, G.Boudreaux Johns Smith, J.Brown LaFleur TarverCarter Lambert ThompsonChabert Long WalsworthClaitor Martiny WardColomb Milkovich WhiteCortez Mills Total - 32

    NAYS

    Total - 0ABSENT

    Bishop Morrell PetersonDonahue MorrishLuneau Peacock Total - 7

    The Chair declared the Senate concurred in the amendmentsproposed by the House.

    SENATE BILL NO. 222—BY SENATOR CLAITOR

    AN ACTTo enact R.S. 44:4(51), relative to public records; to provide for the

    application of the public records law; to provide exceptionsfrom the public records law for certain security issues; and toprovide for related matters.

    The bill was read by title. Returned from the House ofRepresentatives with amendments:

    982

  • 39th DAY'S PROCEEDINGS Page 17 SENATEMay 23, 2016

    HOUSE COMMITTEE AMENDMENTS

    Amendments proposed by House Committee on House andGovernmental Affairs to Reengrossed Senate Bill No. 222 by SenatorClaitor

    AMENDMENT NO. 1On page 1, line 2, change "R.S. 44:4(51)," to "R.S. 44:4(51) and(52),"

    AMENDMENT NO. 2On page 1, line 3, after "for certain" delete "security" and at thebeginning of line 4, delete "issues;" and insert "records of the StateLicensing Board for Contractors;"

    AMENDMENT NO. 3On page 1, line 6, change "R.S. 44:4(51) is" to "R.S. 44:4(51) and(52) are"

    AMENDMENT NO. 4On page 1, delete lines 10 through 17 and delete page 2, and insertthe following:

    "(51) To any records, writings, accounts, recordings, letters,exhibits, pictures, drawings, charts, photographs, memoranda,reports, examinations, or evaluations, or copies thereof, in thecustody of the State Licensing Board for Contractors concerningthe fitness of any person to receive or continue to hold a licenseissued by the board. However, any such record may be releasedto the public in an administrative proceeding before the board,and any final determination made by the board relative to thefitness of any person to receive or to continue to hold a licenseissued by the board and any legal grounds upon which suchdetermination is based shall be a public record.

    (52) To any portion of an examination administered or to beadministered by the State Licensing Board for Contractors, or toany answers for such an examination administered or to beadministered by the board. However, any person who has takenan examination administered by the board may inspect hisexamination."

    Senator Claitor moved to concur in the amendments proposedby the House.

    ROLL CALL

    The roll was called with the following result:

    YEAS

    Mr. President Fannin MorrishAllain Gatti PeacockAppel Hewitt PerryBarrow Johns RiserBoudreaux LaFleur Smith, G.Brown Lambert Smith, J.Carter Long TarverChabert Martiny ThompsonClaitor Milkovich WalsworthColomb Mills WardCortez Mizell WhiteErdey Morrell Total - 35

    NAYS

    Total - 0ABSENT

    Bishop LuneauDonahue Peterson Total - 4

    The Chair declared the Senate concurred in the amendmentsproposed by the House.

    SENATE BILL NO. 309—BY SENATOR CLAITOR

    AN ACTTo amend and reenact R.S. 37:3387.1(A) and 3387.2(A), relative to

    supervision requirements for certain addictive disordercounselors in certain custodial environments; to provide that therequirement for supervision of certified addictive disordercounselors and registered addictive disorder counselors iswaived in certain custodial environments; and to provide forrelated matters.

    The bill was read by title. Returned from the House ofRepresentatives with amendments:

    HOUSE FLOOR AMENDMENTS

    Amendments proposed by Representative James to Engrossed SenateBill No. 309 by Senator Claitor

    AMENDMENT NO. 1On page 1, line 2, after "R.S. 37:3387.1(A)" and the comma ","delete "and 3387.2(A)"

    AMENDMENT NO. 2On page 1, line 4, after "environments;" delete the remainder of thepage and delete line 5 in its entirety and at the beginning of line 6,delete "custodial environments;"

    AMENDMENT NO. 3On page 1, line 8, after "R.S. 37:3387.1(A)" delete "and 3387.2(A)are" and insert in lieu thereof "is"

    AMENDMENT NO. 4On page 2, after line 5, delete the remainder of the page

    Senator Claitor moved to reject the amendments proposed by theHouse.

    ROLL CALL

    The roll was called with the following result:

    YEAS

    Mr. President Fannin PeacockAllain Gatti PerryAppel Hewitt RiserBarrow Johns Smith, G.Boudreaux LaFleur Smith, J.Brown Lambert TarverCarter Long ThompsonChabert Martiny WalsworthClaitor Milkovich WardColomb Mills WhiteCortez MizellErdey Morrish Total - 34

    NAYS

    Total - 0ABSENT

    Bishop Luneau PetersonDonahue Morrell Total - 5

    The Chair declared the Senate rejected the amendmentsproposed by the House.

    SENATE BILL NO. 334—BY SENATOR CLAITOR

    AN ACTTo amend and reenact Code of Criminal Procedure Articles 413(B)

    and 414(B), and to repeal Code of Criminal Procedure Articles412 and 414(C), relative to grand juries; to provide for jury

    983

  • Page 18 SENATE 39th DAY'S PROCEEDINGSMay 23, 2016

    venire and subpoena; to provide for impaneling of grand juries;to provide for time for impaneling grand juries; to provide forremoval of unconstitutional provisions; and to provide forrelated matters.

    The bill was read by title. Returned from the House ofRepresentatives with amendments:

    HOUSE COMMITTEE AMENDMENTS

    Amendments proposed by House Committee on Administration ofCriminal Justice to Reengrossed Senate Bill No. 334 by SenatorClaitor

    AMENDMENT NO. 1On page 1, line 3, after "repeal" and before "Code" insert "R.S.15:114 and"

    AMENDMENT NO. 2On page 1, delete lines 4 through 6 in their entirety and insert thefollowing: "to provide relative to jury venire and subpoena; toprovide relative to the impaneling of grand juries; to provide relativeto the time for impaneling grand juries; to provide relative to grandjury rotation and selection; to remove certain provisions of law thatwere declared unconstitutional relative to grand juries in OrleansParish; and to provide for related matters."

    AMENDMENT NO. 3On page 2, between lines 9 and 10, insert "Section 2. R.S. 15:114 ishereby repealed in its entirety."

    AMENDMENT NO. 4On page 2, at the beginning of line 10, change "Section 2." to"Section 3."

    Senator Claitor moved to concur in the amendments propo