OF THE CONCURRING IN SENATEsenate.la.gov/SessionInfo/Archives/1998ES/SpecialJournals/journa13.pdfConstitution of 1974 _____ Senate Chamber State Capitol Baton Rouge, Louisiana Monday,

OFFICIAL JOURNALOF THE

SENATEOF THE

STATE OF LOUISIANA_______

TWELFTH DAY'S PROCEEDINGS_______Twenty-Sixth Extraordinary Session of the Legislature

Under the Adoption of theConstitution of 1974

_______Senate Chamber

State CapitolBaton Rouge, Louisiana

Monday, April 13, 1998

The Senate was called to order at 5:00 o'clock P.M., by Hon.Randy Ewing, President of the Senate.

ROLL CALL

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

PRESENT

Mr. President Ellington LambertBagneris Fields C LandryBajoie Fields W LentiniBarham Greene MaloneBranch Hainkel RobichauxCain Heitmeier RomeroCampbell Hines SchedlerCasanova Hollis ShortCox Irons SmithCravins Johnson TarverDardenne Jones TheunissenDean Jordan Ullo Total—36

ABSENT

Bean Dyess Siracusa Total—3

The President of the Senate announced there were 36 Senatorspresent and a quorum.

Prayer

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

Reading of the Journal

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

Morning Hour

Messages from the House

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

Message from the House

CONCURRING INSENATE CONCURRENT RESOLUTIONS

April 13, 1998

To the Honorable President and Members of the Senate:

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

SENATE CONCURRENT RESOLUTION NO. 39—BY SENATOR BARHAM

A CONCURRENT RESOLUTIONTo commend and congratulate the Ouachita Christian High School

Football Team upon their nonpareil excellence during the 1997football season that culminated in winning the Louisiana HighSchool Athletic Association Class 2A State Championship.

Reported without amendments.

SENATE CONCURRENT RESOLUTION NO. 40—BY SENATOR IRONS

A CONCURRENT RESOLUTIONTo designate April as Child Abuse Prevention Month and to urge all

citizens of the state to join in the effort to reduce abuse and neglectof our most precious resource... our children.


SENATE CONCURRENT RESOLUTION NO. 41—BY SENATOR IRONS

A CONCURRENT RESOLUTIONTo memorialize the Congress of the United States to support

reauthorization of and funding for the Violence Against WomenAct of 1998.


SENATE CONCURRENT RESOLUTION NO. 42—BY SENATOR CAMPBELL

A CONCURRENT RESOLUTIONTo urge and request the Louisiana State University Board of

Supervisors, the Louisiana State University Athletic Department,and the Louisiana State University football coaches and staff toschedule and hold a football game in Shreveport, Louisiana.


SENATE CONCURRENT RESOLUTION NO. 43—BY SENATORS C. FIELDS AND SMITH

A CONCURRENT RESOLUTIONTo commend Ben D. Johnson on donating the money needed to open

the Ben D. Johnson Education Center in Natchitoches, Louisiana.


SENATE CONCURRENT RESOLUTION NO. 4—BY SENATOR EWING

A CONCURRENT RESOLUTIONTo To amend and readopt Joint Rule No. 8 of the Joint Rules of the Senate

and House of Representatives to provide for the selection ofofficers of certain joint legislative bodies; to provide that thepositions of the officers of certain joint legislative bodies rotatebetween the Senate and the House of Representatives; to providerelative to joint committees; and to provide for related matters.


SENATE CONCURRENT RESOLUTION NO. 18—BY SENATOR HAINKEL

A CONCURRENT RESOLUTIONTo create a task force to study and make recommendations to the

legislature on the current and future availability and affordabilityof homeowners’ insurance and property insurance in Louisiana.

Page 2 SENATE 12th DAY'S PROCEEDINGSApril 13, 1998

Reported with amendments. Mr. President Ellington Lentini

Respectfully submitted, Bajoie Greene RobichauxALFRED W. SPEER Barham Heitmeier Romero

Clerk of the House of Representatives Branch Hines Schedler

Introduction ofSenate Concurrent Resolutions

Senator Bagneris asked for and obtained a suspension of the rulesfor the purpose of introducing and reading the following SenateConcurrent Resolutions a first and second time and acting upon themas follows:

SENATE CONCURRENT RESOLUTION NO. 44—BY SENATOR THEUNISSEN

A CONCURRENT RESOLUTIONTo commend Cadet Colonel Richard P. Muffoletto on receiving the

Civil Air Patrol's highest cadet honor, the General Carl A. SpaatzAward.

The resolution was read by title. Senator Theunissen moved toadopt the Senate Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Bagneris Ellington Lentini Message from the HouseBajoie Fields C MaloneBarham Fields W RobichauxBranch Greene RomeroCain Heitmeier SchedlerCampbell Hines ShortCasanova Hollis SmithCox Irons TarverCravins Johnson TheunissenDardenne Lambert UlloDean Landry Total—32

NAYS

Total—0ABSENT

Mr. President Hainkel SiracusaBean JonesDyess Jordan Total—7

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

SENATE CONCURRENT RESOLUTION NO. 45—BY SENATOR THEUNISSEN

A CONCURRENT RESOLUTIONTo commend and congratulate Matthew Wroten on receiving Civil Air

Patrol Wing Cadet of the Year.

The resolution was read by title. Senator Theunissen moved toadopt the Senate Concurrent Resolution.

ROLL CALL


YEAS

Bagneris Fields C Malone

Cain Hollis ShortCampbell Irons SmithCasanova Johnson TarverCox Jones TheunissenCravins Jordan UlloDardenne LambertDean Landry Total—34

NAYS

Total—0ABSENT

Bean Fields W SiracusaDyess Hainkel Total—5




ASKING CONCURRENCE INHOUSE CONCURRENT RESOLUTIONS

April 13, 1998


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

HOUSE CONCURRENT RESOLUTION NO. 63—BY REPRESENTATIVES CLARKSON AND WINDHORST AND SENATORHEITMEIER

A CONCURRENT RESOLUTIONTo commend and congratulate Monsignor John A. Tomasovich on the

fiftieth anniversary of his ordainment into the priesthood and tothank him for his service and dedication to the Catholic Church, tohis community, to this state, and to his country.

HOUSE CONCURRENT RESOLUTION NO. 64—BY REPRESENTATIVE DIMOS

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

the death of Hugh H. Hyman, Jr.

HOUSE CONCURRENT RESOLUTION NO. 65—BY REPRESENTATIVE HOLDEN

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

death of Mr. Phillip Shields, Sr.

HOUSE CONCURRENT RESOLUTION NO. 44—BY REPRESENTATIVE SALTER

A CONCURRENT RESOLUTIONTo authorize and encourage the Louisiana State Law Institute to make

appropriate statutory name changes solely to reflect the renamingof the Northwest Louisiana Juvenile Detention Center Authorityto the Ware Youth Center Authority.

12th DAY'S PROCEEDINGS Page 3 SENATEApril 13, 1998

HOUSE CONCURRENT RESOLUTION NO. 62—BY REPRESENTATIVES MCDONALD AND DOWNER

A CONCURRENT RESOLUTIONTo urge and request each governing authority of a public elementary or

secondary school to provide time-out rooms in the schools underits jurisdiction.

Respectfully submitted,ALFRED W. SPEER

Clerk of the House of Representatives

House Concurrent Resolutions

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

HOUSE CONCURRENT RESOLUTION NO. 44—BY REPRESENTATIVE SALTER

A CONCURRENT RESOLUTIONTo authorize and encourage the Louisiana State Law Institute to make

appropriate statutory name changes solely to reflect the renamingof the Northwest Louisiana Juvenile Detention Center Authorityto the Ware Youth Center Authority.

On motion of Senator Bagneris, the resolution was read by title andreferred to the Committee on Judiciary B.

HOUSE CONCURRENT RESOLUTION NO. 62—BY REPRESENTATIVES MCDONALD AND DOWNER

A CONCURRENT RESOLUTIONTo urge and request each governing authority of a public elementary or

secondary school to provide time-out rooms in the schools underits jurisdiction.

On motion of Senator Bagneris, the resolution was read by title andreferred to the Committee on Education.

HOUSE CONCURRENT RESOLUTION NO. 63—BY REPRESENTATIVES CLARKSON AND WINDHORST AND SENATORHEITMEIER

A CONCURRENT RESOLUTIONTo commend and congratulate Monsignor John A. Tomasovich on the

fiftieth anniversary of his ordainment into the priesthood and tothank him for his service and dedication to the Catholic Church, tohis community, to this state, and to his country.

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

ROLL CALL


YEAS

Bagneris Fields C LandryBajoie Fields W LentiniBarham Greene MaloneBranch Hainkel RobichauxCain Heitmeier RomeroCampbell Hines SchedlerCasanova Hollis ShortCox Irons SmithCravins Johnson TarverDardenne Jones UlloDean JordanEllington Lambert Total—34

NAYS

Total—0ABSENT

Mr. President Dyess TheunissenBean Siracusa Total—5

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

HOUSE CONCURRENT RESOLUTION NO. 64—BY REPRESENTATIVE DIMOS

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

the death of Hugh H. Hyman, Jr.

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

ROLL CALL


YEAS

Mr. President Ellington LambertBagneris Fields C LandryBajoie Fields W LentiniBarham Greene MaloneBranch Hainkel RobichauxCain Heitmeier RomeroCampbell Hines SchedlerCasanova Hollis ShortCox Irons SmithCravins Johnson TarverDardenne Jones UlloDean Jordan Total—35

NAYS

Total—0ABSENT

Bean SiracusaDyess Theunissen Total—4



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

death of Mr. Phillip Shields, Sr.

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

ROLL CALL


YEAS

Mr. President Ellington LambertBagneris Fields C LandryBajoie Fields W MaloneBarham Greene RobichauxBranch Hainkel RomeroCain Heitmeier Schedler


Campbell Hines ShortCasanova Hollis SmithCox Irons TarverCravins Johnson UlloDardenne JonesDean Jordan Total—34

NAYS

Total—0ABSENT

Bean Lentini TheunissenDyess Siracusa Total—5


House Concurrent Resolutionson Second Reading

The following House Concurrent Resolutions were read and actedupon as follows:

HOUSE CONCURRENT RESOLUTION NO. 43—BY REPRESENTATIVE THOMPSON

A CONCURRENT RESOLUTIONTo urge and request the Kansas City Southern Railroad to improve its

trestle location on Joe's Bayou Lake Road in Madison Parish,Louisiana.

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

ROLL CALL


YEAS

Bajoie Fields W LandryBarham Greene LentiniBranch Hainkel MaloneCampbell Heitmeier RobichauxCasanova Hines RomeroCox Hollis SchedlerCravins Irons ShortDardenne Johnson SmithDean Jones TarverEllington Jordan TheunissenFields C Lambert Ullo Total—33

NAYS

Total—0ABSENT

Mr. President Bean DyessBagneris Cain Siracusa Total—6


Reports of Committees

The following reports of committees were received and read:

REPORT OF COMMITTEE ON

SENATE AND GOVERNMENTAL AFFAIRS

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

April 13, 1998

To the President and Members of the Senate:

I am directed by your Committee on Senate and GovernmentalAffairs to submit the following report:

HOUSE BILL NO. 170—BY REPRESENTATIVES BRUNEAU, HUNTER, AND LANCASTER

AN ACTTo enact R.S. 24:38.1, relative to the Legislative Budgetary Control

Council; to provide for the powers, duties, and authority of theLegislative Budgetary Control Council; to authorizerecommendations for the reorganization of legislative branchagencies by the Legislative Budgetary Control Council; to providefor the approval of such recommendations by the legislature; toprovide relative to powers, duties, functions, and responsibilities ofemployees and officers of the legislature; and to provide for relatedmatters.

Reported with amendments.

HOUSE BILL NO. 192—BY REPRESENTATIVES BRUNEAU, COPELIN, AND RIDDLE

AN ACTTo amend and reenact R.S. 18:465(A), 481, 511(A) and (B), 512(B),

and 551(C)(1) and to enact R.S. 18:1275.1, relative to elections;to provide the manner in which candidates for congress qualify forthe general election; to allow a candidate to qualify for the generalelection by nominating petition under certain circumstances; toprovide for the form, time, and manner of filing and certifying suchpetitions; to provide with respect to challenging such candidatesnominated by petition; to provide for the printing of a candidate'sname on the ballot; to provide for the election of candidates tooffice; and to provide for related matters.


Respectfully submitted, JAY DARDENNE

Chairman


JUDICIARY A

Senator Ullo, Chairman on behalf of the Committee on JudiciaryA, submitted the following report:

April 8, 1998


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

HOUSE BILL NO. 1—BY REPRESENTATIVES ALARIO, BRUNEAU, CLARKSON, AND MURRAY

AN ACTTo provide relative to certain courts of appeal judgeships established by

Act No. 3 of the 1981 Regular Session of the Legislature; tospecify the date of the end of the term of and the date of theelection of the successors to certain judges; and to provide forrelated matters.

Reported favorably.


HOUSE BILL NO. 179—BY REPRESENTATIVE THORNHILL

AN ACTTo enact R.S. 13:719 and 720, relative to the office of commissioner for

the Twenty-second Judicial District Court; to create and to providefor qualifications, salary and benefits, restrictions on employment,quarters, supplies, equipment, and employees for such office; toprovide for duties and powers of such office; to provide forfunding; and to provide for related matters.

Reported favorably. To enact R.S. 49:191(11)(g) and to repeal R.S. 49:191(8)(c), relative to

Respectfully submitted, the re-creation of the Department of Insurance, and the statutoryCHRIS ULLO entities made a part of the department by law; to provide for the

Chairman effective termination date for all statutory authority for the


INSURANCE

Senator Tarver, Chairman on behalf of the Committee onInsurance, submitted the following report:

April 13, 1998


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

HOUSE CONCURRENT RESOLUTION NO. 39—BY REPRESENTATIVES BOWLER, ANSARDI, BAYLOR, DIMOS, MARTINY,AND THORNHILL

A CONCURRENT RESOLUTIONTo memorialize congress to defeat S-625 and HR-2021 which would

impose a federal auto choice insurance program on the states.

Reported favorably.

HOUSE BILL NO. 11—BY REPRESENTATIVE DONELON

AN ACTTo enact R.S. 49:191(11)(g) and to repeal R.S. 49:191(8)(c), relative to

the Department of Insurance, including provisions to provide forthe re-creation of the Department of Insurance, and the statutoryentities made a part of the department by law; to provide for theeffective termination date for all statutory authority for theexistence of such statutory entities; and to provide for relatedmatters.


Respectfully submitted, GREGORY TARVER

Chairman

House Bills and Joint Resolutionson Second Reading

Reported by Committees

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



Act No. 3 of the 1981 Regular Session of the Legislature; tospecify the date of the end of the term of and the date of the

election of the successors to certain judges; and to provide forrelated matters.

Reported favorably by the Committee on Judiciary A. Under theprovisions of Joint Rule No. 3 of the Rules of the Senate, the bill wasread by title and referred to the Legislative Bureau.

HOUSE BILL NO. 11—BY REPRESENTATIVE DONELON

AN ACT

the Department of Insurance, including provisions to provide for

existence of such statutory entities; and to provide for relatedmatters.

Reported with amendments by the Committee on Insurance.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Insurance to EngrossedHouse Bill No. 11 by Representative Donelon

AMENDMENT NO. 1On page 1, line 2, change "(11)(g)" to "(10)(n)

AMENDMENT NO. 2On page 1, line 5, between "by law;" and "to provide" insert thefollowing:

"to require that actuarial entities within the department provide anactuarial review and analysis of pending legislation to the legislature;"

AMENDMENT NO. 3On page 1, line 16, delete "2002" and insert "2000"

AMENDMENT NO. 4On page 2, line 5, change "11(g)" to "(10)(n)"

AMENDMENT NO. 5On page 2, delete line 15 and insert the following:

"(10) July 1, 1999:"

AMENDMENT NO. 6On page 2, line 17, change "(g)" to "(n)(i)"

AMENDMENT NO. 7On page 2, between lines 18 and 19, insert the following:

* * *"(ii) In addition to any function, duty, obligation, or

responsibility, or other entity made a part of the Department ofInsurance, the Department of Insurance shall employ a full-timeactuary whose duties shall include review and analysis oflegislation pending before the legislature during each legislativesession and to make such review and analysis available to theappropriate standing committees of the legislature and to thelegislative fiscal officer."

On motion of Senator Tarver, the committee amendment wasadopted. Under the provisions of Joint Rule No. 3 of the Rules of theSenate, the amended bill was read by title and referred to the LegislativeBureau.


HOUSE BILL NO. 170— HOUSE BILL NO. 192—BY REPRESENTATIVES BRUNEAU, HUNTER, AND LANCASTER BY REPRESENTATIVES BRUNEAU, COPELIN, AND RIDDLE

AN ACT AN ACTTo enact R.S. 24:38.1, relative to the Legislative Budgetary Control To amend and reenact R.S. 18:465(A), 481, 511(A) and (B), 512(B),

Council; to provide for the powers, duties, and authority of the and 551(C)(1) and to enact R.S. 18:1275.1, relative to elections;Legislative Budgetary Control Council; to authorize to provide the manner in which candidates for congress qualify forrecommendations for the reorganization of legislative branch the general election; to allow a candidate to qualify for the generalagencies by the Legislative Budgetary Control Council; to provide election by nominating petition under certain circumstances; tofor the approval of such recommendations by the legislature; to provide for the form, time, and manner of filing and certifying suchprovide relative to powers, duties, functions, and responsibilities of petitions; to provide with respect to challenging such candidatesemployees and officers of the legislature; and to provide for related nominated by petition; to provide for the printing of a candidate'smatters. name on the ballot; to provide for the election of candidates to

Reported with amendments by the Committee on Senate andGovernmental Affairs. Reported with amendments by the Committee on Senate and


Amendments proposed by Senate Committee on Senate andGovernmental Affairs to Reengrossed House Bill No. 170 by Amendments proposed by Senate Committee on Senate andRepresentative Bruneau Governmental Affairs to Reengrossed House Bill No. 192 by

AMENDMENT NO. 1On page 1, line 2, after “24:38" delete the remainder of the line and AMENDMENT NO. 1lines 3 through 9 and insert the following: On page 1, line 2, after "512" insert "(A) and" and after "512(B),"

“(D), relative to the Legislative Budgetary Control Council; toprovide for the powers, duties, and authority of the Legislative AMENDMENT NO. 2Budgetary Control Council relating to the personnel and services of the On page 1, line 3, after "551(C)(1) insert ",1272(A) and 1279" andLegislative Fiscal Office and the legislative auditor; and to provide for after "18:" insert "402(B)(3) and"related matters”

AMENDMENT NO. 2 On page 1, line 10, after "office;" insert " to provide for dates of runoffOn page 1, line 11, after “24:38" delete “.1" and insert “(D)” elections;"

AMENDMENT NO. 3 AMENDMENT NO. 4On page 1, delete lines 12 through 19 and delete pages 2 and 3 and on On page 1, line 13, after "512" insert "(A) and" and after “512(B),”page 4, delete lines 1 through 7 and insert the following: delete the remainder of the line and insert "551(C)(1), 1272(A) and

“R.S. 24:38(D) is all proposed new law.

§38. Legislative Budgetary Control Council; budgetary controls;legislature; legislative agencies; legislative committees; budget unitstatements

* * *D. The Legislative Budgetary Control Council is authorized to

utilize the personnel and services of the legislative auditor and thelegislative fiscal officer to provide for the preparation of fiscal notes forlegislative instruments.”

On motion of Senator Dardenne, the committee amendment wasadopted. Under the provisions of Joint Rule No. 3 of the Rules of theSenate, the amended bill was read by title and referred to the Legislative (3) A congressional runoff election shall be held on the firstBureau. Saturday after the first Monday in December in every even-




Reported favorably by the Committee on Judiciary A. Under theprovisions of Joint Rule No. 3 of the Rules of the Senate, the bill wasread by title and referred to the Legislative Bureau.

office; and to provide for related matters.

Governmental Affairs.


Representative Bruneau

delete the remainder of the line

AMENDMENT NO. 3

1279"

AMENDMENT NO. 5On page 1, line 14, after "18:" insert "402(B)(3) and" and change "is"to "are"

AMENDMENT NO. 6On page 1, after line 15 insert the following:

"§402. Dates of primary and general elections

* * * B. * * *

numbered year for the office of United Stated senator or for theoffice of United States representative when a candidate for suchoffice was not elected at the federal election in accordance with theprovisions of R.S. 18:512(A)(2).

* * *"AMENDMENT NO. 7On page 4, delete line 20 and insert in lieu thereof the following:

"A.(1) Generally. Except as provided in Paragraph (2) of thisSubsection the The candidate who receives the most votes cast for anoffice in a general election is elected. If there are two or more offices ofthe same character to be filled, those candidates receiving the highesttotal number of votes shall be elected, to the number required to fill allof the offices.

(2) Candidates for United States senator or United Statesrepresentative. A candidate who receives a majority of the votes


cast for an office for United States senator or United Statesrepresentative in a general election is elected. If no candidatereceives a majority of the votes cast for an office for United Statessenator or United states representative in a general election, arunoff election shall be held."

AMENDMENT NO. 8On page 6, between lines 7 and 8 insert the following:

" §1272. United States senators, representatives in congress; Amendments proposed by Representative John Smith to Engrossedtime of electing Senate Bill No. 8 by Senator Cain

A. All general elections for representatives in congress,sometimes referred to in this Title as congressional elections, shall AMENDMENT NO. 1be held on the first Tuesday next following the first Monday in On page 2, at the end of line 5, add "nolo contendere or'November, 1982, and every two years thereafter. The primaryelection shall be held on the first Saturday in October next Senator Cain moved to concur in the amendments proposed by thepreceding the date of the general election. The runoff election forrepresentatives in congress, when necessary, shall be held onthe first Saturday after the first Monday in December inevery even-numbered year.

* * *"


“§1279. Vacancies; representatives in Congress

When a vacancy occurs in the office of representative in Congress,the governor shall determine the dates on which the special electionsshall be held and the dates of the qualifying period and shall issue hisproclamation ordering a special election and specifying the dates onwhich the primary and, general and runoff elections will be held andthe dates of the qualifying period for the election. Immediatelythereafter he shall publish the proclamation in the official journal of eachparish in which the election is to be held. Within twenty-four hoursafter issuing the proclamation, the governor shall send a copy of theproclamation to the secretary of state who shall within twenty-four hoursof receipt of the information notify all election officials having any dutyto perform in connection with a special election to fill such vacancy,including the parish boards of election supervisors for the parish orparishes in which the vacancy occurred. The election shall beconducted in the same manner and at the same places and the returnsshall be certified as in regular congressional elections. If at a primary orgeneral election in a congressional district one representative inCongress is to be elected for a full term and another to fill a vacancy, theballots containing the names of the candidates shall, as a part of the titleof the office, designate the term for which the candidates arerespectively nominated.”

On motion of Senator Dardenne, the committee amendment wasadopted. Under the provisions of Joint Rule No. 3 of the Rules of theSenate, the amended bill was read by title and referred to the LegislativeBureau.

Senate Bills and Joint ResolutionsReturned from the House

of Representatives with Amendments

The following Senate Bills and Joint Resolutions returned from theHouse of Representatives with amendments were taken up and actedupon as follows:

SENATE BILL NO. 8—BY SENATOR CAIN AND REPRESENTATIVE J.R. SMITH

AN ACTTo enact R.S. 13:996.57, relative to courts and judicial procedure; to

provide for the creation of a judicial expense fund for the ThirtiethJudicial District Court; to provide for assessment of a fee in certaincivil and criminal cases; to provide for disposition anddisbursements from the fund; to provide for annual audits of the

fund; to authorize hiring and payment of necessary personnel; andto provide for related matters.

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

HOUSE FLOOR AMENDMENTS

House.

ROLL CALL


YEAS


NAYS

Total—0ABSENT


The Chair declared the amendments proposed by the House wereconcurred in. Senator Cain moved to reconsider the vote by which theamendments were concurred in and laid the motion on the table.

SENATE BILL NO. 55—BY SENATORS ULLO AND SCHEDLER

AN ACTTo enact R.S. 26:911(B)(3), relative to the sale of tobacco products; to

define those retail dealers who qualify as a tobacconist at aparticular retail outlet; to authorize the purchase of tobaccoproducts by a tobacconist at a particular retail outlet directly frommanufacturers, wholesalers, or other suppliers; and to provide forrelated matters.


LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Reengrossed SenateBill No. 55 by Senator Ullo

AMENDMENT NO. 1On page 2, line 5, following "for" and before "purpose" insert "the"

Senator Ullo moved to concur in the amendments proposed by theHouse.


ROLL CALL


YEAS

Mr. President Ellington LambertBagneris Fields C Landry The roll was called with the following result:Bajoie Fields W LentiniBarham Greene Malone YEASBranch Hainkel RobichauxCain Heitmeier Romero Mr. President Ellington LambertCampbell Hines Schedler Bagneris Fields C LandryCasanova Hollis Short Bajoie Fields W LentiniCox Irons Smith Barham Greene MaloneCravins Johnson Tarver Branch Hainkel RobichauxDardenne Jones Theunissen Cain Heitmeier RomeroDean Jordan Ullo Campbell Hines Schedler Total—36 Casanova Hollis Short

NAYS Cox Irons Smith

Total—0 Dardenne Jones TheunissenABSENT Dean Jordan Ullo

Bean Dyess Siracusa NAYS Total—3

The Chair declared the amendments proposed by the House were ABSENTconcurred in. Senator Ullo moved to reconsider the vote by which theamendments were concurred in and laid the motion on the table. Bean Dyess Siracusa

SENATE BILL NO. 84—BY SENATORS BAJOIE AND HAINKEL

AN ACTTo enact R.S. 33:2740.38 relative to special taxing districts; to create a

special taxing district for the Garden District in Orleans Parish; toprovide for the boundaries, management, powers, and the adoptionof rules and regulations for the district's operation; to require anannual plan; to authorize the city of New Orleans to levy andcollect an ad valorem tax; and to provide for related matters.


HOUSE COMMITTEE AMENDMENTS

Amendments proposed by House Committee on Municipal, Parochialand Cultural Affairs to Reengrossed Senate Bill No. 84 by SenatorsBajoie and Hainkel

AMENDMENT NO. 1On page 2, line 12, between "of" and "members" change "nine" to"eleven"


"(f) The state representative whose representative district isdefined in R.S. 24:35.4(A)(91) shall appoint one member from a list ofnominations submitted by the Garden District Association.

(g) The state senator whose senatorial district is defined in R.S.24:35(5) shall appoint one member from a list of nominations submittedby the Garden District Association."


"J. The district may enter into a contract with the New OrleansPolice Department or with a private security company which has been

certified by the superintendent of the New Orleans Police Departmentfor the provision of security patrols of the district."

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

ROLL CALL

Cravins Johnson Tarver

Total—36

Total—0

Total—3

The Chair declared the amendments proposed by the House wereconcurred in. Senator Bajoie moved to reconsider the vote by which theamendments were concurred in and laid the motion on the table.

SENATE BILL NO. 103—BY SENATORS DARDENNE, EWING, HAINKEL, BARHAM AND ROMEROAND REPRESENTATIVES DOWNER, DEWITT AND MCMAINS

AN ACTTo amend and reenact R.S. 11:921, 924(2) and (5), 925, 927(B) and

(C), 928, 929(D) and (E), and 931, relative to the Teachers'Retirement System of Louisiana; to authorize employees of theBoard of Regents, Board of Trustees for State Colleges andUniversities, Board of Supervisors of Louisiana State Universityand Agricultural and Mechanical College, and Board ofSupervisors of Southern University and Agricultural andMechanical College, and any other constitutionally establishedboard which manages institutions of higher education to participatein an optional retirement plan; to rename the Subpart; to providefor an effective date; and to provide for related matters.



Amendments proposed by House Committee on Retirement toEngrossed Senate Bill No. 103 by Senator Dardenne, et al.

AMENDMENT NO. 1On page 2, at the beginning of line 3 add "A." and at the end of line 3,delete "academic" and insert in lieu thereof "the following classes ofemployees covered by this Section who are eligible for membership inthe Teachers' Retirement System of Louisiana:"

AMENDMENT NO. 2On page 2, at the beginning of line 4, add "(1) The academic" and atthe end of line 4 add a period "."


AMENDMENT NO. 3 On page 2, line 4, after "retired" delete the remainder of the line and onOn page 2, at the beginning of line 5, delete "and" and insert in lieu line 5 delete "months"thereof "(2) The"

AMENDMENT NO. 4 On page 2, line 8, after "system." delete the remainder of the line andOn page 2, line 11, after "education" add a period "." and delete the between lines 8 and 9 insert the following:remainder of the line and delete line 12 in its entirety and insert in lieuthereof the following: "(b) In order to be eligible for reemployment under the provisions

"B. Any person covered by the provisions of Subsection A (2) of terminated employment for a period of at least twenty-four consecutivethis Section shall be required to pay the annual actuarial cost of months; however, if the teacher retired with a minimum of thirty yearsparticipating in the optional retirement plan." of service credit, that teacher need only have terminated such

Senator Heitmeier moved to concur in the amendments proposedby the House. AMENDMENT NO. 4

ROLL CALL


YEAS

Mr. President Ellington LandryBagneris Fields C LentiniBajoie Fields W MaloneBarham Greene RobichauxBranch Hainkel RomeroCain Heitmeier SchedlerCampbell Hines ShortCasanova Hollis SmithCox Johnson TarverCravins Jones TheunissenDardenne Jordan UlloDean Lambert Total—35

NAYS

Total—0ABSENT

Bean IronsDyess Siracusa YEAS Total—4

The Chair declared the amendments proposed by the House were Bagneris Fields C Landryconcurred in. Senator Heitmeier moved to reconsider the vote by which Bajoie Fields W Lentinithe amendments were concurred in and laid the motion on the table. Barham Greene Malone

SENATE BILL NO. 105—BY SENATOR ELLINGTON

AN ACTTo amend and reenact R.S. 11:708(A)(1) relative to the Teachers'

Retirement System of Louisiana; to provide for reemployment ofretired members who participated in the Deferred RetirementOption Program; to provide for reemployment of such retiredmembers through the qualified teacher shortage provisions; toprovide for an effective date; and to provide for related matters.



Amendments proposed by House Committee on Retirement toEngrossed Senate Bill No. 105 by Senator Ellington

AMENDMENT NO. 1On page 1, line 13, after "A.(1)" add "(a)"

AMENDMENT NO. 2

AMENDMENT NO. 3

of Subparagraph (a) of this Paragraph, a retired teacher shall have

employment for at least twelve consecutive months."

On page 2, at the beginning of line 9, add "(c) The provisions of R.S."


Amendments proposed by Representative Stelly to Engrossed SenateBill No. 105 by Senator Ellington

AMENDMENT NO. 1On page 2, line 10, change "Program" to "Plan"


(d) On and after August 15, 2003, the statutory authority set forthin Subparagraph (c) of this Paragraph shall cease and the provisions ofR.S. 11:791(A) shall apply to a retired teacher who participated in theDeferred Retirement Option Plan and who becomes a classroom teacherpursuant to the provisions of this Section during such employment."

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

ROLL CALL


Mr. President Ellington Lambert

Branch Hainkel RobichauxCain Heitmeier RomeroCampbell Hines SchedlerCasanova Hollis ShortCox Irons SmithCravins Johnson TarverDardenne Jones TheunissenDean Jordan Ullo Total—36

NAYS

Total—0ABSENT


The Chair declared the amendments proposed by the House wereconcurred in. Senator Ellington moved to reconsider the vote by whichthe amendments were concurred in and laid the motion on the table.


SENATE BILL NO. 162—BY SENATOR CRAVINS AND REPRESENTATIVE MONTGOMERY

AN ACTTo amend and reenact R.S. 27:361(B)(introductory paragraph) and (4)

and to enact R.S. 27:353(13) and Part IV of Chapter 7 of Title 27of the Louisiana Revised Statutes of 1950, to be comprised of R.S.27:391 and 392, relative to the conduct of slot machine gaming atcertain live horse race tracks as provided in Act 721 of the 1997Regular Session of the Legislature; to provide for the definition of"taxable net slot machine proceeds"; to provide for the dedicationof a fixed percentage of net slot machine proceeds to supplementpurses for races run at the live meetings at an eligible facility, andto the Louisiana Thoroughbred Breeders' Association and theLouisiana Quarter Horse Breeders' Association for use as awardsfor breeders of accredited Louisiana-bred horses, and forpromotion of the Louisiana horse breeding industry; to authorizecertain local governing authorities to impose certain taxes; toprovide for the collection and disposition of fees and taxes; and toprovide for related matters.



Conforming Amendments proposed by Representative Montgomery toReengrossed Senate Bill No. 162 by Senator Cravins (Duplicate of H.B.No. 149)

AMENDMENT NO. 1On page 3, line 6, delete "seventy" and insert "thirty"

AMENDMENT NO. 2On page 4, at the end of line 26 and the beginning of line 27, delete"state taxes as provided by law" and insert "taxes generated pursuant toR.S. 27:393(A)"

AMENDMENT NO. 3On page 5, line 17, after "(3)" insert "(a)"

AMENDMENT NO. 4On page 5, line 20, delete "the following special funds:" and delete lines21 through 23 in their entirety and insert the following:

"a special fund, which is hereby created in the state treasury andentitled the "School Board Enhancement Fund", hereinafter referred toas the "Enhancement Fund". An account within such fund shall bemaintained to account for that proportion of the Enhancement Fundattributed to each parish in which a licensed eligible facility is located.

(b) Monies in the Enhancement Fund shall be withdrawn onlypursuant to appropriation by the legislature and shall be used solely forthe following:

(i) Except in Bossier Parish, monies so appropriated shall be usedfor capital construction and repairs.

(ii) In Bossier Parish, monies so appropriated shall be deposited inthe Bossier Educational Excellence Fund.

(c) Monies in the Enhancement Fund shall be invested by the statetreasurer in the same manner as monies in the state general fund.Interest earned on investment of monies in the Enhancement Fund shallbe credited to the state general fund. Unexpended and unencumberedmonies in the Enhancement Fund at the end of each fiscal year shall bedeposited in the state general fund."


Amendments proposed by Representative Montgomery to ReengrossedSenate Bill No. 162 by Senator Cravins

AMENDMENT NO. 1Delete Amendment No. 4 in the set of four House Floor Amendmentsproposed by Representative Montgomery and adopted by the House onApril 6, 1998

AMENDMENT NO. 2On page 4, line 11, change "authority of" to "authorities in"

AMENDMENT NO. 3On page 4, line 12, after "percent" and before "of" insert "in theaggregate"

AMENDMENT NO. 4On page 5, line 21, after "Parish" and before the period "." insert thefollowing:

"from the proceeds derived from the licensed eligible facility inBossier Parish"

AMENDMENT NO. 5On page 5, delete line 23 and insert the following:

"which is hereby created in the state treasury. Monies in the St.Landry Parish Excellence Fund, for purposes of this Subparagraphreferred to as the "fund", shall be withdrawn only pursuant toappropriation by the legislature and shall be used solely and exclusivelyby the St. Landry Parish School Board as provided in this Subparagraph.Monies in the fund shall be invested by the state treasurer in the samemanner as monies in the state general fund. Interest earnings oninvestment of monies in the fund shall be credited to the fund.Unexpended and unencumbered monies in the fund at the end of eachfiscal year shall remain in the fund. The principal in the fund may notbe appropriated. Interest earnings may be appropriated, but only forenhancements to the education program in St. Landry Parish."

AMENDMENT NO. 6On page 5, line 27, after "Act" and before "shall" insert ", except forR.S. 27:391 as enacted by this Act,"

AMENDMENT NO. 7On page 6, line 4, after "Act" and before "shall" insert ", except for R.S.27:391 as enacted by this Act,"

AMENDMENT NO. 8On page 6, at the end of line 5, insert "R.S. 27:391 as enacted by thisAct shall become effective on July 1, 1998."


Amendments proposed by Representatives Salter, R. Alexander, Barton,Baylor, Bruce, Curtis, Diez, Doerge, Durand, Faucheux, Frith, Fruge,Gautreaux, Hammett, Heaton, Hebert, Hill, Hopkins, Hudson, Kennard,Kenney, LeBlanc, Marionneaux, McCain, McCallum, McDonald,Morrish, Odinet, Pierre, Pinac, Powell, Pratt, Riddle, Romero, JackSmith, Strain, Thomas, Thompson,Walsworth, and Wiggins toReengrossed Senate Bill No. 162 by Senator Cravins andRepresentative Montgomery

AMENDMENT NO. 1On page 5, line 9, change "(4)" to "(6)"


"(4) After complying with the provisions of Paragraph (1) of thisSubsection, the state treasurer shall, each fiscal year, credit a total oftwelve million dollars from the combined taxable net slot machineproceeds collected by the state from each licensed eligible facility, asdefined herein, to the fund previously established by R.S. 3:277. Theseproceeds shall be expended, utilizing any or all powers granted to the


Louisiana Agricultural Finance Authority, including the funding orsecuring of revenue bonds, exclusively for meeting the needs of the Boll The Chair declared the amendments proposed by the House wereWeevil Eradication Program and other agricultural, agronomic, not rejected.horticultural, silvicultural or aquacultural industrial or economicdevelopment programs.

(5) After complying with the provisions of Paragraph (1) of thisSubsection, the state treasurer shall, each fiscal year, credit a total of onemillion dollars from the combined taxable net slot machine proceedscollected by the state from each licensed eligible facility, as definedherein, to the "Rehabilitation for the Blind and Visually Impaired Fund",for the purposes of this Subparagraph, the "fund", hereby created in thestate treasury. Monies in the fund shall be withdrawn only pursuant toappropriation by the legislature and shall be used solely to fund, througha cooperative endeavor agreement between the Department of SocialServices and the Affiliated Blind of Louisiana and the Louisiana Centerfor the Blind at Ruston, rehabilitation services for the blind, deaf-blind,and visually impaired and for training the older visually impaired.Appropriations for this purpose shall be allocated fifty percent each tothe Affiliated Blind of Louisiana and the Louisiana Center for the Blindat Ruston. Monies in the fund shall be invested by the state treasurer inthe same manner as monies in the state general fund. Interest earned oninvestment of such monies shall be credited to the state general fund.Unexpended and unencumbered monies in the fund at the end of eachfiscal year shall remain in the fund."



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

Motion

Senator Casanova moved as a substitute motion that theamendments be proposed by the House be rejected.

Senator Cravins objected.

ROLL CALL

The roll was called on the substitute motion with the followingresult:

YEAS

Mr. President Dean LentiniBranch Greene RobichauxCain Hainkel SchedlerCasanova Jordan ShortDardenne Lambert Smith Total—15

NAYS

Bagneris Fields C JonesBajoie Fields W LandryBarham Heitmeier RomeroCampbell Hines TarverCox Hollis TheunissenCravins Irons UlloEllington Johnson Total—20

ABSENT

Bean MaloneDyess Siracusa Total—4

ROLL CALL

The roll was called on the original motion to concur in theamendments proposed by the House with the following result:

YEAS

Mr. President Ellington LandryBagneris Fields W MaloneBajoie Heitmeier RomeroBarham Hines SchedlerCampbell Hollis TarverCox Johnson TheunissenCravins Jones Ullo Total—21

NAYS

Branch Fields C LambertCain Greene LentiniCasanova Hainkel RobichauxDardenne Irons ShortDean Jordan Smith Total—15

ABSENT


The Chair declared the amendments proposed by the House wereconcurred in. Senator Cravins moved to reconsider the vote by whichthe amendments were concurred in and laid the motion on the table.

Personal Privilege

Senator Malone asked for and obtained the floor of the Senate ona point of personal privilege, and stated he appeared as absent on themotion by Senator Casanova to reject the House amendments. He hadintended to vote nay on the motion. He asked that the Official Journalso state.

Personal Privilege

Senator Schedler asked for and obtained the floor of the Senate ona point of personal privilege, and stated he had voted in error on themotion by Senator Cravins to concur in the House amendments. Hevoted yea on the motion and had intended to vote nay. He asked that theOfficial Journal so state.

Senate Concurrent Resolutionson Second Reading


The following Senate Concurrent Resolutions reported byCommittees were taken up and acted upon as follows:

SENATE CONCURRENT RESOLUTION NO. 28—BY SENATOR SHORT

A CONCURRENT RESOLUTIONTo memorialize the Congress of the United States to adopt Senate Joint

Resolution 40 relative to the American flag.

Reported favorably by the Committee on Senate and GovernmentalAffairs.

The resolution was read by title. Senator Dardenne moved to adoptthe Senate Concurrent Resolution.


ROLL CALL


YEAS

Mr. President Fields C LentiniBajoie Hainkel MaloneBarham Heitmeier RobichauxBranch Hines RomeroCain Hollis SchedlerCampbell Irons ShortCasanova Johnson SmithCravins Jones TarverDardenne Jordan TheunissenDean Lambert UlloEllington Landry Total—32

NAYS

Total—0ABSENT

Bagneris Dyess SiracusaBean Fields WCox Greene Total—7


Senate Bills and Joint Resolutions onThird Reading

and Final Passage

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

SENATE BILL NO. 146—BY SENATOR DARDENNE

AN ACT Branch Greene MaloneTo enact R.S. 15:587(A)(1)(c) and R.S. 37:3505(F) and 3507.1, relative Cain Hainkel Romero

to the Louisiana State Board of Private Investigator Examiners; to Campbell Heitmeier Schedlerprovide for its powers and duties; to provide relative to criminal Casanova Hines Smithhistory checks; to provide for fees; and to provide for related Cox Hollis Tarvermatters. Dardenne Johnson Theunissen

The bill was read by title. Senator Dardenne moved the final Total—30passage of the bill. NAYS

ROLL CALL


YEAS

Mr. President Ellington LandryBagneris Fields C LentiniBajoie Fields W MaloneBarham Hainkel RobichauxBranch Heitmeier RomeroCain Hines SchedlerCampbell Hollis ShortCox Irons SmithCravins Johnson TarverDardenne Jones TheunissenDean Lambert Ullo Total—33

NAYS

Casanova Jordan Total—2

ABSENT

Bean GreeneDyess Siracusa Total—4

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

House Concurrent Resolutionson Second Reading


The following House Concurrent Resolutions reported byCommittees were taken up and acted upon as follows:

HOUSE CONCURRENT RESOLUTION NO. 13—BY REPRESENTATIVES MCMAINS, DANIEL, HOLDEN, AND DIMOS

A CONCURRENT RESOLUTIONTo memorialize the United States Senate to support the inclusion of

Poland, Hungary, and the Czech Republic in the North AtlanticTreaty Organization.

Reported favorably by the Committee on Senate and GovernmentalAffairs.

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

ROLL CALL


YEAS

Bagneris Ellington LambertBajoie Fields C LandryBarham Fields W Lentini

Dean Jones Ullo

Jordan Short Total—2

ABSENT

Mr. President Dyess SiracusaBean IronsCravins Robichaux Total—7


House Concurrent Resolutionsto be Adopted, Subject to Call

The following House and Concurrent Resolutions to be adopted,subject to call, were taken up and acted upon as follows:


Called from the Calendar ROLL CALL

Senator Hines asked that House Concurrent Resolution No. 2 be The roll was called with the following result:called from the Calendar at this time.

HOUSE CONCURRENT RESOLUTION NO. 2—BY REPRESENTATIVE RIDDLE

A CONCURRENT RESOLUTIONTo amend the Department of Transportation and Development Board

of Registration for Professional Engineers and Land Surveyors rule(LAC 46:LXI.1701(B)), to provide for when the use of seals andsignatures of engineers or land surveyors is required for sewage orwater facility projects, and in-kind replacement of facilities.

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

ROLL CALL


YEAS


NAYS

Total—0ABSENT



House Bills and Joint Resolutions onThird Reading

and Final Passage

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

HOUSE BILL NO. 9—BY REPRESENTATIVE DEWITT

AN ACTTo amend and reenact R.S. 40:1643(C), relative to required fire

protection sprinkler systems; to provide for an extension of time tomeet the requirement for high-rise buildings in certain cases; andto provide for related matters.

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

YEAS

Mr. President Ellington LambertBagneris Fields C LandryBajoie Fields W LentiniBarham Greene MaloneBranch Hainkel RomeroCain Heitmeier SchedlerCampbell Hines ShortCasanova Hollis SmithCox Irons TarverCravins Johnson TheunissenDardenne Jones UlloDean Jordan Total—35

NAYS

Robichaux Total—1

ABSENT


The Chair declared the bill was passed. The title was read andadopted. Senator Dardenne moved to reconsider the vote by which thebill was passed and laid the motion on the table. HOUSE BILL NO. 14—

BY REPRESENTATIVES DURAND AND DOWNERAN ACT

To amend and reenact R.S. 37:1395(E)(1) and (F) and to enact R.S.37:1400(H), relative to the licensure and regulation of locksmiths;to provide an exemption from licensing for certain persons; toprovide for the legal ownership and possession of locksmithingtools, manuals, or codebooks by certain persons; and to provide forrelated matters.

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

HOUSE BILL NO. 20—BY REPRESENTATIVE HAMMETT

AN ACTTo enact R.S. 42:66(M), relative to dual officeholding; to provide that

a chief of police of certain villages may also hold the office ofdeputy sheriff; and to provide for related matters.

Floor Amendments Sent Up

Senator Greene sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Greene to Engrossed House Bill No.20 by Representative Hammett

AMENDMENT NO. 1On page 1, line 10, after “less than” change “one” to “five”

Senator Greene moved adoption of the amendments.

Senator Cox objected.


ROLL CALL


YEAS

Mr. President Ellington MaloneBagneris Greene RomeroBarham Hainkel SchedlerBranch Heitmeier SmithCain Hines TarverCasanova Jones TheunissenDardenne Jordan UlloDean Lambert Total—23

NAYS

Campbell Hollis LentiniCox Irons ShortFields C JohnsonFields W Landry Total—10

ABSENT

Bajoie Cravins RobichauxBean Dyess Siracusa Total—6

The Chair declared the amendments were adopted.

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

ROLL CALL


YEAS

Mr. President Greene RomeroBagneris Hainkel SchedlerBarham Heitmeier SmithBranch Hines TarverCain Hollis TheunissenCasanova Jones UlloDardenne LambertEllington Malone Total—22

NAYS

Bajoie Fields W LentiniCampbell Irons RobichauxCox Johnson ShortDean JordanFields C Landry Total—13

ABSENT

Bean DyessCravins Siracusa Total—4

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

HOUSE BILL NO. 23—BY REPRESENTATIVE LEBLANC

AN ACTTo amend and reenact R.S. 17:3223(B)(5), to authorize the Board of

Trustees for State Colleges and Universities to establish tuitionamounts and other fees and charges applicable to studentsattending South Louisiana Community College; to providelimitations; and to provide for related matters.


Senator Barham sent up floor amendments which were read.


Amendments proposed by Senator Barham to Engrossed House Bill No.23 by Representative LeBlanc

AMENDMENT NO. 1On page 1, line 2, after "R.S. 17:3223(B)(5)" insert "and3351(A)(5)(c)"

AMENDMENT NO. 2On page 1, line 5, after "Community College" insert "and NortheastLouisiana State University"


"Section 2. R.S. 17:3351(A)(5)(c) is hereby amended and reenacted toread as follows:

§3351. General powers, duties and functions of college and universityboards

A. Subject only to the powers of the Board of Regents specificallyenumerated in Article VIII, Section 5 of the Constitution of Louisiana,and as otherwise provided by law, each management board as a bodycorporate shall have authority to exercise power necessary to superviseand manage the institutions of higher education under its control,including but not limited to the following:

* * *(5) * * *(c) The Board of Trustees for State Colleges and Universities is

authorized to establish the tuition amounts and other fees and chargesapplicable to students enrolled in the Doctor of Pharmacy Program atNortheast Louisiana State University to be consistent with tuitionamounts and other fees charged to students in Doctor of PharmacyPrograms in states comprising the Southern Regional Education Board.

* * *"

On motion of Senator Barham, the amendments were adopted.

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

ROLL CALL


YEAS

Mr. President Fields W LentiniBagneris Greene MaloneBajoie Hainkel RobichauxBarham Heitmeier RomeroBranch Hines SchedlerCain Hollis ShortCampbell Irons SmithCox Johnson TarverDardenne Jones Theunissen


Dean Jordan Ullo The bill was read by title. Senator Hollis moved the final passageEllington Lambert of the bill.Fields C Landry Total—34

NAYS

Total—0ABSENT

Bean Cravins SiracusaCasanova Dyess Total—5

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

HOUSE BILL NO. 35—BY REPRESENTATIVE JACK SMITH

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

relative to the capital outlay budget, by adding thereto a newSection, to change the matching funds requirement for theChitimacha Loop Roads planning and construction in St. MaryParish; and to provide for related matters.

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

ROLL CALL


YEAS

Mr. President Ellington LentiniBagneris Fields C Malone AN ACTBajoie Fields W Romero To amend and reenact R.S. 12:1335.1(A), relative to limited liabilityBarham Greene Schedler companies; to provide for dissolution by affidavit of certain limitedBranch Hainkel Short liability companies; and to provide for related matters.Cain Heitmeier SmithCampbell Hines Tarver On motion of Senator Bagneris, the bill was read by title andCasanova Johnson Theunissen returned to the Calendar, subject to call.Cox Jones UlloDardenne JordanDean Landry Total—31

NAYS

Robichaux Total—1

ABSENT

Bean Hollis SiracusaCravins IronsDyess Lambert Total—7

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

HOUSE BILL NO. 58—BY REPRESENTATIVE JOHN SMITH AND SENATOR DARDENNE

AN ACTTo amend and reenact R.S. 37:2153(D), relative to the State Licensing

Board for Contractors; to authorize the board to sell and leasecertain property and retain revenues; to provide certain procedures;and to provide for related matters.

ROLL CALL


YEAS

Mr. President Fields C LambertBagneris Fields W LandryBajoie Greene LentiniBarham Hainkel MaloneBranch Heitmeier RomeroCain Hines SchedlerCampbell Hollis ShortCox Irons SmithDardenne Johnson TarverDean Jones TheunissenEllington Jordan Ullo Total—33

NAYS

Total—0ABSENT

Bean Cravins RobichauxCasanova Dyess Siracusa Total—6

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


HOUSE BILL NO. 110—BY REPRESENTATIVES TRICHE, DEWITT, DOWNER, AND MCMAINSAND SENATORS BARHAM, DARDENNE, EWING, HAINKEL, AND ROMERO

AN ACTTo enact R.S. 36:406.1, relative to the issuance of revenue bonds by the

Louisiana Public Facilities Authority on behalf of the Departmentof Public Safety and Corrections; to provide for the issuance ofrevenue bonds for the acquisition, construction, and equipping ofa public safety complex; to provide for the requirements ofissuance including the revenues to be pledged for payment of suchbonds; to provide for an effective date; and to provide for relatedmatters.


HOUSE BILL NO. 111—BY REPRESENTATIVES TRICHE AND WIGGINS

AN ACTTo amend and reenact R.S. 32:863(A)(3), relative to compulsory motor

vehicle liability security requirements; to provide for reinstatementfees and sanctions for first and subsequent violations; to providefor dedication of fees; and to provide for related matters.



HOUSE BILL NO. 131 (Duplicate of Senate Bill No. 17)—BY REPRESENTATIVE DIEZ AND SENATOR LANDRY AND COAUTHOREDBY REPRESENTATIVES DOWNER, DEWITT, MCMAINS, DUPRE, SHAW,QUEZAIRE, AND THOMAS AND SENATORS EWING, DARDENNE,HAINKEL, BARHAM, AND ROMERO

AN ACTTo amend and reenact R.S. 36:501(C)(1), 502(A) and (B), 503,

504(A)(8), 505, 506(A), (B), and (C), 508(A), (B), (C), and (G),and 510 and to enact R.S. 36:508.1 and 508.2, relative to theDepartment of Transportation and Development; to reorganize theDepartment of Transportation and Development; to provide for theofficers of the department and the appointment, salary, powers,duties, and functions thereof; to provide for the offices of thedepartment and the functions thereof; and to provide for relatedmatters.

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

ROLL CALL


YEAS

Mr. President Ellington MaloneBagneris Greene RobichauxBarham Hainkel RomeroBranch Heitmeier ShortCasanova Hines SmithCox Lambert TarverDardenne Landry TheunissenDean Lentini Ullo Total—24

NAYS

Bajoie Cravins HollisCain Fields C IronsCampbell Fields W Jones Total—9

ABSENT

Bean Johnson SchedlerDyess Jordan Siracusa Total—6

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

HOUSE BILL NO. 146—BY REPRESENTATIVES DOWNER, DEWITT, MCMAINS, AND MCCAINAND SENATORS DARDENNE, EWING, HAINKEL, BARHAM, AND ROMERO

AN ACTTo amend and reenact R.S. 44:39(A), relative to public records; to

provide for the maintenance of records by the Department ofPublic Safety and Corrections, public safety services; and toprovide for related matters.

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

ROLL CALL


YEAS

Mr. President Ellington LentiniBagneris Fields C MaloneBajoie Fields W RobichauxBarham Greene Romero

Branch Heitmeier SchedlerCain Hines ShortCampbell Hollis SmithCasanova Irons TarverCox Jones TheunissenCravins Jordan UlloDardenne LambertDean Landry Total—34

NAYS

Total—0ABSENT

Bean Hainkel SiracusaDyess Johnson Total—5

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

HOUSE BILL NO. 151—BY REPRESENTATIVES MCDONALD, DOWNER, DEWITT, MCMAINS,CRANE, KENNEY, AND WALSWORTH AND SENATORS EWING,DARDENNE, HAINKEL, AND BARHAM

AN ACTTo amend and reenact R.S. 17:1941, 1942, 1942.1, 1943, 1944, 1945,

1946, 1947, 1948, 1949, 1950, 1951, 1952, 1953, 1954, 1958,1971(B)(1), 1972(1), (2)(introductory paragraph), (2)(b) and(c)(iii) and (vii), (f)(introductory paragraph), (f)(ii), 1973, 1974,1975, 1976, 1977, 1978(A), 1979(A)(introductory paragraph) and(1), (7), (8), (C), (D)(1), (2), and (3), and (E), to enact R.S.17:1971(B)(4), 1979 (A)(9) and (10), and (D)(5), to repeal R.S.17:1947.1, 1955, 1956, 1957, and 1959, and to rename Chapter8 of Title 17 of the Louisiana Revised Statutes of 1950, relative tospecial education; to provide for the education of children withexceptionalities; to provide for state compliance with the federalrequirements under the Individuals with Disabilities Education Act;to provide relative to the responsibilities of the state Department ofEducation and the local educational agencies; to provide relative tothe cost of instruction of students with exceptionalities; to deletethe special education pilot program in Lafourche Parish; to deletethe Northeast Louisiana Special Education Center; to providerelative to ChildNet; to change the composition of the StateInteragency Coordinating Council for ChildNet; to provide fordefinitions; and to provide for related matters.


Senator Dardenne sent up floor amendments which were read.


Amendments proposed by Senator Dardenne to Reengrossed House BillNo. 151 by Representative McDonald and others

AMENDMENT NO. 1In Amendment No. 4 proposed by the Senate Committee on Educationand adopted by the Senate on April 8, 1998, on line 8, change"1947(A)(1)" to "1947.1(A)(1)"

AMENDMENT NO. 2On page 5, line 22, before "orthopedic" change"emotionally/behaviorally disordered" to "emotional/behavioraldisorders"

AMENDMENT NO. 3On page 12, line 9, following "authority" and before "that" insert acomma ","


AMENDMENT NO. 4 board and for reapportionment of the Rapides Parish SchoolOn page 15, line 3, delete "(1)" Board; to provide for effectiveness and for implementation; and to

AMENDMENT NO. 5On page 22, line 24, following "facilities," change "are" to "shall be"; The bill was read by title. Senator Ellington moved the finaland on line 26, following "environment", insert "shall" and on page 27, passage of the bill.line 1, change "occur" to "occurs"

AMENDMENT NO. 6On page 29, line 13, change "1945(B)(2)" to "1945(C)(2)"; and on line15, change "(B)(4)" to "(C)(4)"; and on line 18, change "(B)(3)" to"(C)(3)"

AMENDMENT NO. 7On page 37, line 1, change "(3)" to "G."

AMENDMENT NO. 8On page 37, line 8, change "G." to "H."

AMENDMENT NO. 9On page 44, line 20, before "in" change "has" to "shall have"

AMENDMENT NO. 10On page 48 between lines 2 and 3, insert "* * *"

On motion of Senator Dardenne, the amendments were adopted.

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

ROLL CALL

The roll was called with the following result: Dyess Siracusa

YEAS

Mr. President Ellington Landry adopted. Senator Ellington moved to reconsider the vote by which theBagneris Fields C Lentini bill was passed and laid the motion on the table.Bajoie Fields W MaloneBarham Greene RobichauxBranch Hainkel RomeroCain Heitmeier SchedlerCampbell Hines ShortCasanova Hollis SmithCox Irons TarverCravins Jones TheunissenDardenne Jordan UlloDean Lambert Total—35

NAYS

Total—0ABSENT

Bean JohnsonDyess Siracusa Total—4

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

HOUSE BILL NO. 204—BY REPRESENTATIVES WIGGINS AND WRIGHT

AN ACTTo amend and reenact R.S. 17:62 and 73 and to enact R.S. 17:62.1,

relative to the school system for Wards 9, 10, and 11 in RapidesParish; to provide for the school board and an interim board ofcontrol; to provide for board membership, qualifications, methodof selection, terms of office, filling of vacancies, powers, duties,and responsibilities; to provide for the apportionment of the school

provide for related matters.

ROLL CALL


YEAS

Mr. President Ellington LandryBagneris Fields C LentiniBajoie Fields W MaloneBarham Greene RobichauxBranch Hainkel RomeroCain Heitmeier SchedlerCampbell Hines ShortCasanova Hollis SmithCox Irons TarverCravins Jones TheunissenDardenne Jordan UlloDean Lambert Total—35

NAYS

Total—0ABSENT

Bean Johnson

Total—4

The Chair declared the bill was passed. The title was read and

House Bills and Joint Resolutions onThird Reading and Final Passage,

Subject to Call

The following House Bills and Joint Resolutions on third readingand final passage, subject to call, were taken up and acted upon asfollows:

Called from the Calendar

Senator Jordan asked that House Bill No. 14 be called from theCalendar at this time for its final passage.

HOUSE BILL NO. 14—BY REPRESENTATIVES DURAND AND DOWNER

AN ACTTo amend and reenact R.S. 37:1395(E)(1) and (F) and to enact R.S.

37:1400(H), relative to the licensure and regulation of locksmiths;to provide an exemption from licensing for certain persons; toprovide for the legal ownership and possession of locksmithingtools, manuals, or codebooks by certain persons; and to provide forrelated matters.

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


ROLL CALL


YEAS


NAYS

Total—0ABSENT The roll was called with the following result:

Bean Johnson YEASDyess Siracusa Total—4 Mr. President Ellington Lentini

The Chair declared the bill was passed. The title was read and Bajoie Fields W Robichauxadopted. Senator Jordan moved to reconsider the vote by which the bill Barham Greene Romerowas passed and laid the motion on the table. Branch Hainkel Schedler


Senator Hollis asked that House Bill No. 62 be called from theCalendar at this time for its final passage.


AN ACTTo amend and reenact R.S. 12:1335.1(A), relative to limited liability

companies; to provide for dissolution by affidavit of certain limitedliability companies; and to provide for related matters.


Senator Bajoie sent up floor amendments which were read.


Amendments proposed by Senator Bajoie to Engrossed House Bill No.62 by Representative DeWitt

AMENDMENT NO. 1 Called from the CalendarOn page 1, line 2, after "12:1335.1(A)" insert "and to enact Code ofCivil Procedure Article 86"

AMENDMENT NO. 2On page 1, line 4, after "companies;" insert "to provide for proper venuefor certain actions;"

AMENDMENT NO. 3On page 2, after line 3, insert the following:

"Section 2. Code of Civil Procedure Art. 86 is hereby enacted toread as follows:

Art. 86. Action involving voting trusts

Article 86 is all proposed new law.

An action against a voting trust and/or trustee of the votingtrust may be brought: (1) in the parish or parishes where the documentor documents creating the voting trust were executed, or (2) if stocktransferred to the voting trust was held by an inter vivos trust, in theparish or parishes where the inter vivos trust documents were executed,or (3) if stock transferred to the voting trust was held by a mortis causatrust, in the parish having jurisdiction over the settlor's estate.

Section 3. This Act shall become effective upon signature by thegovernor or, if not signed by the governor, upon expiration of the timefor bills to become law without signature of the governor, as providedby Article III, Section 18 of the Constitution of Louisiana. If vetoed bythe governor and subsequently approved by the legislature, this Act shallbecome effective on the day following such approval."

On motion of Senator Bajoie, the amendments were adopted.

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

ROLL CALL

Bagneris Fields C Malone

Cain Heitmeier ShortCampbell Hines SmithCasanova Hollis TarverCox Irons TheunissenCravins Jones UlloDardenne JordanDean Lambert Total—34

NAYS

Landry Total—1

ABSENT


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

Senator Ellington asked that House Bill No. 103 be called from theCalendar at this time for its final passage.

HOUSE BILL NO. 103 (Duplicate of Senate Bill No. 76)—BY REPRESENTATIVE DEWITT AND SENATOR ELLINGTON ANDCOAUTHORED BY REPRESENTATIVES DOWNER AND MCMAINS ANDSENATORS DARDENNE, EWING, HAINKEL, BARHAM, AND ROMERO

AN ACTTo amend and reenact R.S. 23:1472(20)(A) and to enact R.S.

23:1601(7)(f), relative to unemployment compensation benefits;to include payments under the Worker Adjustment Retraining andNotification Act (WARN Act) in the definition of wages forpurposes of unemployment compensation; to include WARN Actpayments as a form of remuneration, the receipt of whichdisqualifies an individual for unemployment compensation; andto provide for related matters.


Floor Amendments Sent Up Called from the Calendar

Senator Ellington sent up floor amendments which were read. Senator Jones asked that House Bill No. 38 be called from the


Amendments proposed by Senators Ellington and Cox to EngrossedHouse Bill No. 103 by Representative DeWitt and Senator Ellington

AMENDMENT NO. 1On page 2, between lines 10 and 11 insert:

"(1)(a) If the administrator finds that he has left his employmentfrom a base period or subsequent employer without good causeattributable to a substantial change made to the employment by theemployer. Such disqualification shall continue until such time as theclaimant can requalify by demonstrating that he:

* * *(c) No one shall be disqualified for benefits under the provisions

of this Paragraph for leaving part-time or interim employment in orderto protect his full-time or regular employment; the terms "part-time","interim", "full-time", and "regular" employment shall be defined byregulation adopted by the administrator in accordance with theAdministrative Procedure Act. Benefits paid under this provision shallnot be charged against the experience rating of a part-time or interimemployer as so defined but shall be recouped as a social charge to allemployers in accordance with R.S. 23:1553(D). Furthermore, no onereceiving WARN Act payments pursuant to 29 U.S.C. 2104 shallbe disqualified for benefits under the provisions of this Paragraphfor refusing to leave part-time, interim, or full-time employment toreturn to work for the employer issuing such payments."

On motion of Senator Ellington, the amendments were adopted.

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

ROLL CALL


YEAS

Mr. President Fields C LentiniBagneris Fields W MaloneBajoie Greene RobichauxBarham Hainkel RomeroBranch Heitmeier SchedlerCain Hines ShortCampbell Hollis SmithCox Irons TarverCravins Jones TheunissenDardenne Jordan UlloDean LambertEllington Landry Total—34

NAYS

Total—0ABSENT

Bean Dyess SiracusaCasanova Johnson Total—5

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

Calendar at this time for its final passage.

HOUSE BILL NO. 38—BY REPRESENTATIVE THOMPSON

AN ACTTo amend and reenact R.S. 47:302.4 and 322.18, relative to the state

sales tax on hotel occupancy; to create the Madison Parish VisitorEnterprise Fund and the Richland Parish Visitor Enterprise Fundin the state treasury; to provide for deposit of monies into suchfunds; to provide for the allowable uses of the monies in the funds;and to provide for related matters.

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

ROLL CALL


YEAS


NAYS

Total—0ABSENT


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


Senator Jones asked that House Bill No. 39 be called from theCalendar at this time for its final passage.


AN ACTTo enact R.S. 47:332.44, relative to the state sales tax on hotel

occupancy; to create the Madison Parish Visitor Enterprise Fundand the Richland Parish Visitor Enterprise Fund in the statetreasury; to provide for deposit of monies into such funds; toprovide for the allowable uses of the monies in the funds; and toprovide for related matters.



ROLL CALL


YEAS

Bagneris Fields C LandryBajoie Fields W LentiniBarham Greene MaloneBranch Hainkel RobichauxCain Heitmeier Romero Senator Greene asked that House Bill No. 71 be called from theCampbell Hines Schedler Calendar at this time for its final passage.Cox Hollis ShortCravins Irons SmithDardenne Jones TarverDean Jordan TheunissenEllington Lambert Ullo Total—33

NAYS

Total—0ABSENT

Mr. President Casanova JohnsonBean Dyess Siracusa Total—6



Senator Jones asked that House Bill No. 40 be called from theCalendar at this time for its final passage.


AN ACTTo appropriate funds out of the General Fund of the state of Louisiana

from certain statutory dedications for the 1997-1998 Fiscal Yearto the Department of the Treasury for the purpose of providingsupplemental funding.


ROLL CALL


YEAS

Mr. President Ellington LentiniBagneris Fields C MaloneBajoie Fields W RobichauxBarham Greene RomeroBranch Hainkel SchedlerCain Heitmeier ShortCampbell Hines SmithCasanova Hollis TarverCox Jones TheunissenCravins Jordan UlloDardenne LambertDean Landry Total—34

NAYS

Total—0ABSENT

Bean Irons SiracusaDyess Johnson Total—5



HOUSE BILL NO. 71—BY REPRESENTATIVES THOMPSON, BAUDOIN, CURTIS, DOERGE, LONG,MCDONALD, AND WINSTON

AN ACTTo enact R.S. 17:53, relative to city and parish school boards; to require

certain training and instruction for members of all city and parishschool boards; to provide relative to completion of such trainingand instruction; to provide for rules and regulations; to provide forapplicability; and to provide for related matters.

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

ROLL CALL


YEAS

Mr. President Greene MaloneBagneris Hainkel RobichauxBarham Heitmeier RomeroCampbell Hines SchedlerCasanova Hollis ShortCox Jones SmithDardenne Lambert TarverDean Landry TheunissenEllington Lentini Ullo Total—27

NAYS

Bajoie Cravins IronsBranch Fields CCain Fields W Total—7

ABSENT

Bean Johnson SiracusaDyess Jordan Total—5

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

Rules Suspended

Senator Lentini asked for and obtained a suspension of the rules forthe purpose of taking up at this time.

Senate Bills and Joint Resolutions onThird Reading and Final Passage,

Subject to Call

The following Senate Bills and Joint Resolutions on third readingand final passage, subject to call, were taken up and acted upon asfollows:



Senator Lentini asked that Senate Bill No. 23 be called from theCalendar at this time.

SENATE BILL NO. 23—BY SENATOR LENTINI

AN ACTTo enact R.S. 32:169(E), relative to railroad crossings; to require the

Department of Transportation and Development to develop aprogram for upgrading warning devices at railroad grade crossings;to require promulgation of rules and regulations; and to provide forrelated matters.

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


Senator Dardenne asked that Senate Bill No. 147 be called fromthe Calendar at this time for its final passage.

SENATE BILL NO. 147—BY SENATORS DARDENNE, EWING, HAINKEL, BARHAM AND ROMEROAND REPRESENTATIVES DOWNER, DEWITT AND MCMAINS

AN ACTTo enact R.S. 40:1322 and 1323, relative to the authorization of credit,

charge, and debit card transactions with the Department of PublicSafety and Corrections; to provide for the procedures for suchtransactions; to provide for administrative hearings; to provide forpenalties for transfer of certain recalled or revoked motor vehicletitles; and to provide for related matters.

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

Rules Suspended

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




PASSED SENATE BILLS ANDJOINT RESOLUTIONS

April 13, 1998


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

SENATE BILL NO. 10—BY SENATORS SMITH AND EWING

AN ACTTo designate U.S. Highway 167 from its intersection with Interstate

Highway 49 at the Alexandria, Louisiana, corporate limits to theArkansas state line at Junction City, Arkansas, as the "Piney HillsThroughway."


SENATE BILL NO. 16—BY SENATORS LANDRY, DARDENNE, EWING, HAINKEL, AND BARHAM

AN ACTTo amend and reenact R.S. 48:250.1, relative to the Department of

Transportation and Development; to provide that the Departmentof Transportation and Development may not be prohibited fromwithholding merit increases in connection with the participation incertain training programs; and to provide for related matters.


SENATE BILL NO. 30—BY SENATORS LENTINI AND LANDRY

AN ACTTo amend and reenact R.S. 32:168, relative to railroads; to provide

relative to required audible signaling by a train operator whenapproaching a railroad crossing; to increase the required distanceof sounding of such signal; and to provide for related matters.


SENATE BILL NO. 19—BY SENATOR LENTINI

AN ACTTo enact R.S. 48:390 and 753(A)(7), relative to railroads; to authorize

the Department of Transportation and Development to requireclosure of certain railroad grade crossings; to require aprioritization of proposed crossing closures; to require notificationof affected parties prior to crossing closures; to require publichearings prior to crossing closures; to provide for alternativeactions to closing by a local governing authority; to require thatfunding of such alternative actions be provided by the localgovernment affected by closure; to authorize use of "ParishTransportation Funds" for funding of such alternatives; to requirepromulgation of rules and regulations; to require certain factors forconsideration in development of criteria for crossing closures; andto provide for related matters.


SENATE BILL NO. 24—BY SENATORS LENTINI AND LANDRY

AN ACTTo amend and reenact R.S. 48:386, relative to railroads; to authorize the

Department of Transportation and Development to determinewhen railroad crossing warning devices require maintenance orrepair; to provide for notification of such requirement to railroadcompanies; to require compliance of railroad companies withinthirty days after notice; to authorize local governmental entities toperform such required maintenance or repairs and seekreimbursement from the railroad company; and to provide forrelated matters.


SENATE BILL NO. 25—BY SENATORS LENTINI, LANDRY, BEAN, IRONS, DYESS AND SMITH

AN ACTTo amend and reenact R.S. 17:270(A) and 271(A) and the introductory

paragraph of R.S. 32:402.1(A)(2), 407(A)(2), and 408(A)(1) and(3) and (H)(1)(h), relative to driver's licenses; to require inclusionof railroad safety crossing information on certain driver educationcourses; to require questions relative to railroad crossing safety ondriver license applicant examinations; and to provide for relatedmatters.



SENATE BILL NO. 9—BY SENATOR BEAN

AN ACTTo amend and reenact R.S. 32:301(3), relative to traffic; to provide

relative to the penalty for not using lighted headlamps when wipersare in use; to set such penalty to twenty-five dollars; and to providefor related matters.


SENATE BILL NO. 29—BY SENATORS LENTINI, JORDAN, LANDRY AND SHORT

AN ACTTo amend and reenact R.S. 14:32.1(B) and R.S. 32:402.2, relative to

traffic violations; to require that all driver improvement programsinclude railroad grade crossing safety education; and to provide forrelated matters.




Introduction ofSenate Concurrent Resolutions

Senator Bagneris asked for and obtained a suspension of the rulesfor the purpose of introducing and reading the following SenateConcurrent Resolutions a first and second time and acting upon themas follows:

SENATE CONCURRENT RESOLUTION NO. 46—BY SENATOR HAINKEL

A CONCURRENT RESOLUTIONTo acknowledge and recognize the progress of the District and School

Accountability Advisory Commission; to support its commitmentto improving the quality of education in this state, and to urgeeducators and local school systems to review the initialrecommendations of the commission establishing an accountabilitysystem and provide comment to the State Board of Elementary andSecondary Education by May 28, 1998.

The resolution was read by title. Senator Hainkel moved to adoptthe Senate Concurrent Resolution.

ROLL CALL


YEAS

Mr. President Ellington LambertBagneris Fields C LandryBarham Fields W LentiniBranch Greene MaloneCain Hainkel RomeroCampbell Heitmeier ShortCasanova Hines SmithCox Hollis TarverCravins Irons TheunissenDardenne Jones UlloDean Jordan Total—32

NAYS

Total—0ABSENT

Bajoie Johnson SiracusaBean Robichaux

Dyess Schedler Total—7


Reports of Committees

The following reports of committees were received and read:


JUDICIARY C

Senator Jordan, Chairman on behalf of the Committee on JudiciaryC, submitted the following report:

April 13, 1998


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

HOUSE BILL NO. 191—BY REPRESENTATIVE TOOMY AND SENATOR HEITMEIER

AN ACTTo amend and reenact R.S. 26:326 and 359 and to repeal R.S.

14:93.20, relative to the sale and shipment of beverage alcohol inLouisiana; to provide for the lawful sale and shipment of certainwines to Louisiana consumers; to provide for registration andpayment of fees and taxes on authorized shipments; to provide forcertain penalties and exceptions; to allow for the sale of wine bynative wineries; to repeal certain provisions of law relating to theunlawful sale and shipment of beverage alcohol in Louisiana; andto provide for related matters.


Respectfully submitted, J. LOMAX JORDAN, JR.

Chairman


FINANCE

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

April 13, 1998


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

SENATE BILL NO. 167—BY SENATOR BAJOIE

AN ACTTo amend and reenact R.S. 22:669(A), (C), and (D) and to enact R.S.

22:669 (E) and (F), relative to payment for certain severe mentalhealth treatment; to provide for payment of certain costs involvingsevere mental health treatment; to provide for applicability ofcertain policies of health insurance; and to provide for relatedmatters.



HOUSE BILL NO. 28— SENATE COMMITTEE AMENDMENTSBY REPRESENTATIVES DEWITT, DOWNER, MCMAINS, MCDONALD,CRANE, AND WALSWORTH AND SENATORS EWING, DARDENNE,HAINKEL, AND BARHAM

AN ACTTo amend and reenact R.S. 17:354, relative to state funds; to provide for

allocation and distribution of monies appropriated from theTeacher Supplies Fund; to provide for expansion of uses andeligibility for receipt of such monies; and to provide for relatedmatters.

Reported favorably.

HOUSE BILL NO. 114—BY REPRESENTATIVES GAUTREAUX, DANIEL, FRITH, ODINET, PIERRE,TRICHE, AND MARIONNEAUX

AN ACTTo enact Chapter 17 of Subtitle I of Title 30 of the Louisiana Revised

Statutes of 1950, consisting of R.S. 30:2000.1 through 2000.8,inclusive; to provide relative to natural resources; to create theAtchafalaya Basin Program in the Department of NaturalResources and provide for duties and powers thereof; to create theAtchafalaya Basin Promotion and Research Board within theAtchafalaya Basin Program and provide for membership andpowers thereof; to create the Atchafalaya Basin AdvisoryCommittee within the Atchafalaya Basin Program and provide formembership and powers thereof; and to provide for related matters.

Reported favorably.

HOUSE BILL NO. 137 (Duplicate of Senate Bill No. 66) —BY REPRESENTATIVE DEWITT AND SENATOR DARDENNE ANDCOAUTHORED BY REPRESENTATIVES MCMAINS AND DOWNER ANDSENATORS EWING, HAINKEL, BARHAM, AND ROMERO

AN ACTTo amend and reenact R.S. 42:851(A)(1)(c), 871(A) and (C), 872,

873(A), (D), and (E), 874, and 875, to enact R.S. 36:4(B)(15), andto repeal R.S. 36:769(G), all relative to the Board of Trustees ofthe State Employees Group Benefits Program; to provide for thetransfer of the board from the Department of the Treasury to thedivision of administration; to provide with respect to certaincontributions for the program; to reconstitute the board; to providefor the composition, powers, duties, and functions of the board; toprovide for officers and their powers, duties, and functions; toprovide for the initial election of certain board members; and toprovide for related matters.

Reported favorably.

Respectfully submitted, JOHN HAINKEL

Chairman

Senate Bills and Joint Resolutionson Second Reading


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

SENATE BILL NO. 167—BY SENATOR BAJOIE

AN ACTTo amend and reenact R.S. 22:669(A), (C), and (D) and to enact R.S.

22:669 (E) and (F), relative to payment for certain severe mentalhealth treatment; to provide for payment of certain costs involvingsevere mental health treatment; to provide for applicability ofcertain policies of health insurance; and to provide for relatedmatters.

Reported with amendments by the Committee on Finance.

Amendments proposed by Senate Committee on Finance to EngrossedSenate Bill No. 167 by Senator Bajoie

AMENDMENT NO. 1On page 2, lines 21 and 27, change "DSM-III-R" to "DSM IV or mostrecent edition"


"(3) All individual, group, blanket, and franchise policies,contracts, agreements, and plans referred to in Paragraph A(1)shall be in compliance with the requirements of said Paragraph ifthey include at least the following benefits:

(a) Forty-five in-patient days per person, per calender year.Policies, contracts, agreements, and plans may allow enrollees totrade two days of partial hospitalization or two days of residentialtreatment center hospitalization for each in-patient day oftreatment.

(b) Fifty-two outpatient visits per person per calender year,inclusive to the intensive outpatient program.

(4) For purposes of this Section, "residential treatmentcenter" shall be defined as a twenty-four hour mental health orsubstance abuse, non-acute care treatment setting for activetreatment interventions directed at the amelioration of the specificimpairment that led to the admission. "Partial hospitalization"shall be defined as a level of care where the patient remains in thehospital for a period of less than twenty-four hours."

AMENDMENT NO. 3On page 3, at the beginning of line 5, change "(3)" to "(5)"

AMENDMENT NO. 4On page 3, at the end of line 27, insert a colon ":"

AMENDMENT NO. 5On page 4, at the beginning of line 1, change "managing" to "(1)managing"

AMENDMENT NO. 6On page 4, at the end of line 5, change the period "." to "; or (2)negotiating separate reimbursement rates and service delivery systems,such as, but not limited to a mental health carve-out plan."

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

House Bills and Joint Resolutionson Second Reading


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

HOUSE BILL NO. 28—BY REPRESENTATIVES DEWITT, DOWNER, MCMAINS, MCDONALD,CRANE, AND WALSWORTH AND SENATORS EWING, DARDENNE,HAINKEL, AND BARHAM




Reported favorably by the Committee on Finance. Under the AMENDMENT NO. 3provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was On page 1, line 3, after "Louisiana;" and before "to" insert "to provideread by title and referred to the Legislative Bureau. for the crime of unlawful sale and shipment of beverage alcohol to



Statutes of 1950, consisting of R.S. 30:2000.1 through 2000.8,inclusive; to provide relative to natural resources; to create theAtchafalaya Basin Program in the Department of NaturalResources and provide for duties and powers thereof; to create theAtchafalaya Basin Promotion and Research Board within theAtchafalaya Basin Program and provide for membership andpowers thereof; to create the Atchafalaya Basin AdvisoryCommittee within the Atchafalaya Basin Program and provide formembership and powers thereof; and to provide for related matters.

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




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




Reported with amendments by the Committee on Judiciary C.


Amendments proposed by Senate Committee on Judiciary C toEngrossed House Bill No. 191 by Representative Toomy

AMENDMENT NO. 1On page 1, line 2, after "reenact" and before "R.S. 26:326" insert "R.S.14:93.20 and"

AMENDMENT NO. 2On page 1, line 2, after "and 359" and before the comma "," delete "andto repeal R.S. 14:93.20"

Louisiana consumers;"

AMENDMENT NO. 4On page 1, between the lines 10 and 11, insert the following:

"Section 1. R.S. 14:93.20 is hereby amended and reenacted to readas follows:

§93.20. Unlawful sale, shipment, or causing to be shipped by out-of-state seller directly to a Louisiana consumer

A. It is unlawful for any wholesaler, retailer, or producer ofbeverage alcohol domiciled outside the state of Louisiana to ship anyalcoholic beverage as defined in R.S. 26:241(1) directly to anyconsumer in Louisiana. under any of the following circumstances:

(1) The consumer is less than twenty-one years of age.

(2) The consumer does not hold a valid wholesaler's permit issuedby the state of Louisiana and resells or attempts to resell the beveragealcohol for pecuniary gain.

(3) The wholesaler, retailer, or producer ships more than sixtybottles of beverage alcohol, in any combination of beer, wine, or liquoras defined pursuant to the provisions of Title 26 of the LouisianaRevised Statutes of 1950, to any consumer in Louisiana within atwelve-month period from the date the wholesaler, retailer, or producerregistered with the office of alcohol and tabacco control.

B. Notwithstanding Subsection A of this Section, any wholesaler,retailer, or producer of beverage alcohol domiciled outside the state ofLouisiana, who holds a valid license from the state of residence, mayship sixty bottles or less of beverage alcohol within a twelve-monthperiod directly to a consumer in Louisiana if the consumer is twenty-oneyears of age or older and the shipment is for that consumer's personalconsumption. The provisions of Subsection A shall not apply to thedirect selling or shipping of sparkling wine or still wine to a consumerin Louisiana by a manufacturer or retailer of such beverage domiciledoutside of Louisiana, provided all of the following circumstances aremet:

(1) The consumer is twenty-one years of age or older.

(2) The sparkling wine or still wine is for that consumer's personalconsumption.

(3) The total amount of sparkling wine or still wine shipped to anysingle household address does not exceed forty-eight 750 ml. bottles percalendar year.

(4) The manufacturer or retailer engaging in such direct salesholds a valid manufacturer's or retailer's license issued by the state of itsdomicile.

(5) The package in which the sparkling wine or still wine isshipped is prominently labeled as containing beverage alcohol.

(6) The package in which the sparkling wine or still wine isshipped is received by a person twenty-one years of age or older.

(7) The package contains an invoice indicating the date of theshipment, providing a full and complete description of all items includedin the shipment, and stating the price thereof.

(8) The manufacturer or retailer has timely and appropriately madeapplication and submitted required statements and paid required feesand excise and sales taxes due to the state of Louisiana on the sparklingwine or still wine as provided for in R.S. 26:359(C) and (D).


C. Such wholesalers, retailers, and producers shall register "Section 3. The provisions of R.S. 26:359(B) shall not be availableannually with the office of alcohol and tabacco control and pay a fee of to manufacturers or their subsidiaries domiciled outside the state thatone hundred dollars prior to shipping any beverage alcohol under the maintain distribution agreements with or ship on a continuing basis toprovision of Subsection B of this Section. A copy of the current license licensed Louisiana wholesalers."held by persons or corporations covered pursuant to the provisions ofthis Section shall accompany the registration. Each shipment shall be AMENDMENT NO. 16accompanied by an invoice detailing the transaction. A copy of the On page 6, line 14, change "Section 3" to "Section 4"invoice shall be filed by the shipper with the Department of Revenue.

D. Wholesalers, retailers, and producers that ship directly to lawful adopted. Under the provisions of Joint Rule No. 3 of the Rules of theconsumers in Louisiana shall file an annual report with the Department Senate, the amended bill was read by title and referred to the Legislativeof Revenue showing the total number of cases shipped into the state, the Bureau.type of beverage alcohol shipped and the name brands of suchshipments. The report shall be accompanied by a certified check for theexcise and sales taxes due to the state for the total amount of alcoholshipped.

E. Upon determination by the commissioner of the office ofalcohol and tabacco control that a wine producer holding a basic permitfrom the Bureau of Alcohol, Tobacco and Firearms has made an illegalshipment to consumers in Louisiana, he shall notify the Bureau ofAlcohol, Tobacco and Firearms in writing and by certified mail of hisofficial determination that state law has been violated and request thebureau to take appropriate action.

F. C. Whoever violates the provisions of this Section shall be finednot more than ten thousand dollars or be imprisoned with or withouthard labor for not more than two years, or both."

AMENDMENT NO. 5On page 1, at the beginning of line 11, change "Section 1." to "Section2."

AMENDMENT NO. 6On page 2, line 1, and page 3, line 20, after "common carrier" insert "ormotor carrier"

AMENDMENT NO. 7 BY REPRESENTATIVE DONELONOn page 2, line 4, after "beverages" and before "by" delete "of lowalcoholic content"

AMENDMENT NO. 8On page 3, line 24, after "make" and before "application" insert "anannual"

AMENDMENT NO. 9On page 3, line 26, after"pay" and before "fee" delete "a" and insert inlieu thereof "an annual"

AMENDMENT NO. 10On page 4, line 5, after "make" and before "application" insert "anannual"

AMENDMENT NO. 11On page 4, line 7, after "pay" and before "fee" delete "a" and insert inlieu thereof "an annual"

AMENDMENT NO. 12On page 4, line 9, after "The" and before "application" insert "annual"

AMENDMENT NO. 13On page 4, line 12, after "sales" and before "taxes" insert "or use"

AMENDMENT NO. 14On page 5, at the end of line 3, after "sales" insert "or use"

AMENDMENT NO. 15On page 6, delete line 13 in its entirety and insert in lieu thereof thefollowing:

On motion of Senator Jordan, the committee amendment was

Privilege Report of theLegislative Bureau

April 13, 1998


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

The following bills are approved as to construction and duplication.



Act No. 3 of the 1981 Regular Session of the Legislature; tospecify the date of the end of the term of and the date of theelection of the successors to certain judges; and to provide forrelated matters.


HOUSE BILL NO. 11—

AN ACTTo enact R.S. 49:191(11)(g) and to repeal R.S. 49:191(8)(c), relative to

the Department of Insurance, including provisions to provide forthe re-creation of the Department of Insurance, and the statutoryentities made a part of the department by law; to provide for theeffective termination date for all statutory authority for theexistence of such statutory entities; and to provide for relatedmatters.


HOUSE BILL NO. 28—BY REPRESENTATIVES DEWITT, DOWNER, MCMAINS, MCDONALD,CRANE, AND WALSWORTH AND SENATORS EWING, DARDENNE,HAINKEL, AND BARHAM






Statutes of 1950, consisting of R.S. 30:2000.1 through 2000.8,inclusive; to provide relative to natural resources; to create theAtchafalaya Basin Program in the Department of NaturalResources and provide for duties and powers thereof; to create theAtchafalaya Basin Promotion and Research Board within the


Atchafalaya Basin Program and provide for membership andpowers thereof; to create the Atchafalaya Basin AdvisoryCommittee within the Atchafalaya Basin Program and provide formembership and powers thereof; and to provide for related matters.






HOUSE BILL NO. 170—BY REPRESENTATIVES BRUNEAU, HUNTER, AND LANCASTER

AN ACTTo enact R.S. 24:38.1, relative to the Legislative Budgetary Control

Council; to provide for the powers, duties, and authority of theLegislative Budgetary Control Council; to authorizerecommendations for the reorganization of legislative branchagencies by the Legislative Budgetary Control Council; to providefor the approval of such recommendations by the legislature; toprovide relative to powers, duties, functions, and responsibilities ofemployees and officers of the legislature; and to provide for relatedmatters.










HOUSE BILL NO. 192—BY REPRESENTATIVES BRUNEAU, COPELIN, AND RIDDLE

AN ACTTo amend and reenact R.S. 18:465(A), 481, 511(A) and (B), 512(B),

and 551(C)(1) and to enact R.S. 18:1275.1, relative to elections;to provide the manner in which candidates for congress qualify forthe general election; to allow a candidate to qualify for the generalelection by nominating petition under certain circumstances; toprovide for the form, time, and manner of filing and certifying suchpetitions; to provide with respect to challenging such candidatesnominated by petition; to provide for the printing of a candidate'sname on the ballot; to provide for the election of candidates tooffice; and to provide for related matters.

Reported without amendments.Respectfully submitted,DENNIS BAGNERIS

Chairman

Adoption of Legislative Bureau Report

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

Rules Suspended

Senator Greene asked for and obtained a suspension of the rules forthe purpose of hearing a House Concurrent Resolution in theCommittee on Education without the required 24 hour notice.


SIGNED HOUSE CONCURRENT RESOLUTIONS

April 13, 1998


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

HOUSE CONCURRENT RESOLUTION NO. 1—BY REPRESENTATIVE RIDDLE

A CONCURRENT RESOLUTIONTo direct the Louisiana State Law Institute to instruct West Publishing

Company to reprint the Revision Comments of 1996 to Civil CodeArticle 1493 (comment (c)) by deleting all references describingsuch incapable children in terms other than those used in thearticle, to wit: children who are "permanently incapable of caringfor their persons or administering their estates".

HOUSE CONCURRENT RESOLUTION NO. 16—BY REPRESENTATIVE LONG

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

make recommendations to the legislature concerning foreignadoptions, procedures for recognizing foreign adoption orders, andother related matters.

HOUSE CONCURRENT RESOLUTION NO. 17—BY REPRESENTATIVES LONG, BARTON, BAUDOIN, CURTIS, DOERGE,KENNEY, MCDONALD, POWELL, PRATT, SALTER, WINSTON, ANDWRIGHT

A CONCURRENT RESOLUTIONTo urge and request the State Board of Elementary and Secondary

Education to develop a comprehensive plan for the statewideimplementation of alternative education programs and to presentsuch plan, including any recommendations for full implementationby the beginning of the 1999-2000 school year and anyrecommended funding methods for the development andimplementation of such plan, to the House and Senate Committees


on Education prior to the beginning of the 1999 Regular Session facilities; to provide relative to the applicability of certain laws andof the Legislature. the association's insurance plan to certain park contracts and

HOUSE CONCURRENT RESOLUTION NO. 29—BY REPRESENTATIVE ROUSSELLE

A CONCURRENT RESOLUTIONTo urge and request the Department of Natural Resources and

Governor's Office of Coastal Activities to prevent salinityfluctuations harmful to oyster production by including in coastalrestoration projects the rebuilding and restoration of barrier islandswithin that coastal restoration zone. AN ACT


A CONCURRENT RESOLUTIONTo memorialize members of the Louisiana congressional delegation to

seek revision of the federal Clean Air Act Amendments of 1990(Public Law 101-549) and additionally implore the United StatesEnvironmental Protection Agency not to impose sanctions for thestate's failure to adopt a vehicle emissions inspection andmaintenance program applicable to certain parishes and AN ACTmunicipalities, particularly East Baton Rouge Parish. To amend and reenact R.S. 11:2214(A)(2)(b) and (c), 2225(A)(11)(a),

HOUSE CONCURRENT RESOLUTION NO. 56—BY REPRESENTATIVE HOLDEN, CRANE, DANIEL, DIEZ, FONTENOT,JENKINS, JETSON, KENNARD, MCMAINS, PERKINS, WELCH, ANDWESTON

A CONCURRENT RESOLUTIONTo memorialize the United States Environmental Protection Agency not

to impose sanctions for the state's failure to adopt a vehicleemissions inspection and maintenance program in accordance withthe federal Clean Air Act Amendments of 1990 (Public Law 101-549) and to consider the development and adoption of moreequitable standards for vehicle emissions inspection andmaintenance programs as applied to certain parishes andmunicipalities, particularly East Baton Rouge Parish, which havebeen designated as being in violation of federal ozone standards.

and asked that the President of the Senate affix his signature to thesame.



The House Concurrent Resolutions contained herein were signedby the President of the Senate.


SIGNED HOUSE BILLS ANDJOINT RESOLUTIONS

April 13, 1998


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

HOUSE BILL NO. 4—BY REPRESENTATIVES BRUNEAU, ALARIO, MORRELL, MURRAY,SCHNEIDER, TOOMY, CLARKSON, AND PRATT AND SENATORS IRONS,BAGNERIS, AND HAINKEL

AN ACTTo amend and reenact Section 1(A) of Act No. 569 of the 1989 Regular

Session of the Legislature of Louisiana and Sections 4(B) and 8 ofAct No. 865 of the 1982 Regular Session of the Legislature ofLouisiana, relative to the management and administration of CityPark; to provide relative to the power and authority of the NewOrleans City Park Improvement Association to contract for theoperation, care, control, and management of the park and its

contractors; to provide for the expenditure of funds received by,allocated to, or otherwise available to City Park or the New OrleansCity Park Improvement Association or its board of directorswithout the necessity of a legislative appropriation or depositthereof in the state treasury; and to provide for related matters.

HOUSE BILL NO. 5—BY REPRESENTATIVE DAMICO

To enact R.S. 33:9124(E), relative to the Jefferson ParishCommunication District; to authorize the district to enter intocontracts to fund certain fire dispatching services in JeffersonParish; to provide that pursuant to such a contract the functionsand duties of the district shall include providing for and paying forsuch services; and to provide for related matters.

HOUSE BILL NO. 6—BY REPRESENTATIVE DANIEL

2252(9) and (10), and 2253(A)(1)(b), relative to the Baton RougeCity Parish Employees' Retirement System; to provide for themerger of the police officers and firefighters who are membersthereof into the Municipal Police Employees' Retirement Systemand the Firefighters' Retirement System respectively; and toprovide with respect to membership; to further provide withrespect to approval of the merger by the respective systems, localgoverning authority, and Joint Legislative Committee onRetirement; to provide an effective date; and to provide for relatedmatters.

HOUSE BILL NO. 17—BY REPRESENTATIVE FRITH

AN ACTTo amend and reenact Section 7(B) of Act No. 333 of the 1972 Regular

Session of the Louisiana Legislature as amended by Act No. 56 ofthe 1987 Regular Session of the Louisiana Legislature, relative tothe municipal civil service system for the employees of the city ofKaplan; to provide that the unclassified service shall include certainpart-time positions in the police department; and to provide forrelated matters.

HOUSE BILL NO. 19—BY REPRESENTATIVE GAUTREAUX

AN ACTTo enact R.S. 11:3569, relative to the Policemen's Pension and Relief

Funds; to increase survivor benefits for widows of former MorganCity police officers; and to provide for related matters.

HOUSE BILL NO. 26 (Duplicate of Senate Bill No. 63)—BY REPRESENTATIVE MCDONALD AND SENATOR DARDENNE ANDCOAUTHORED BY REPRESENTATIVES DOWNER, DEWITT, MCMAINS,CRANE, AND WALSWORTH AND SENATORS EWING, HAINKEL, BARHAM,AND ROMERO

AN ACTTo enact R.S. 39:1514(A)(1)(c), relative to multiyear contracts for

professional, personal, consulting, and social services; to providethat certain contracts for educational testing services may beentered into for a period of up to twelve years; to provide thatmodifications may be made to such contracts; and to provide forrelated matters.

HOUSE BILL NO. 41—BY REPRESENTATIVE TRAVIS

AN ACTTo authorize and empower the Department of Helath and Hospitals to

transfer title to certain property located in East Feliciana Parish tothe East Feliciana Parish Fire Protection District; to provide certainlimitations on such transfer; to repeal Act No. 1066 of the 1997Regular Session of the Legislature; and to provide for relatedmatters.


HOUSE BILL NO. 44— HOUSE BILL NO. 128 (Duplicate of Senate Bill No. 51)—BY REPRESENTATIVES WILKERSON, BARTON, BAUDOIN, CRANE, BY REPRESENTATIVE DIEZ AND SENATOR LANDRY AND COAUTHOREDCURTIS, DOERGE, JETSON, KENNEY, MCDONALD, POWELL, PRATT, BY REPRESENTATIVES DOWNER, DEWITT, MCMAINS, GAUTREAUX,SALTER, AND WRIGHT AND QUEZAIRE AND SENATORS EWING, DARDENNE, HAINKEL,

AN ACTTo rename "Robinson Stadium" located on the campus of Grambling

State University in Grambling, Louisiana, as the "Eddie G.Robinson Stadium"; and to provide for related matters.


AN ACT matters.To amend and reenact R.S. 13:477(15) and 621.15, relative to the

Fifteenth Judicial District; to add two additional judgeships to theFifteenth Judicial District Court; to provide for election sections forthe Fifteenth Judicial District; to provide relative to the terms ofoffice of the judges; to provide for the effectiveness of suchprovisions; and to provide for related matters.

HOUSE BILL NO. 56—BY REPRESENTATIVES MCDONALD AND DIMOS

AN ACTTo enact R.S. 41:898, relative to public lands; to provide relative to

school board lands; to authorize the Morehouse Parish SchoolBoard to exchange certain unused school land; to provideprocedures and conditions; and to provide for related matters.

HOUSE BILL NO. 66—BY REPRESENTATIVE HAMMETT

AN ACTTo amend and reenact R.S. 33:4709.1(A), relative to the Vidalia

Riverfront Development District; to provide for inclusion ofadditional property in the district; and to provide for relatedmatters.

HOUSE BILL NO. 67 (Duplicate of Senate Bill No. 143)—BY REPRESENTATIVE JOHNS AND SENATOR COX

AN ACTTo amend and reenact R.S. 47:322.11(A) and 332.30, relative to the

proceeds of the state sales tax on hotel occupancy in CalcasieuParish; to provide for the dedication of such proceeds; and toprovide for related matters.

HOUSE BILL NO. 109—BY REPRESENTATIVE TRICHE

AN ACTTo amend and reenact R.S. 32:874(B)(1), relative to motor vehicle

safety laws; to provide for reinstatement fees for suspended,revoked, or withdrawn drivers' licenses; and to provide for relatedmatters.

HOUSE BILL NO. 116 (Duplicate of Senate Bill No. 60)—BY REPRESENTATIVE MCDONALD AND SENATOR DARDENNE ANDCOAUTHORED BY REPRESENTATIVES DOWNER, DEWITT, MCMAINS,CRANE, KENNEY, AND WALSWORTH AND SENATORS EWING, HAINKEL,BARHAM, AND ROMERO

AN ACTTo amend and reenact R.S. 17:24.4(F)(2), relative to the Louisiana

Educational Assessment Program; to provide relative to the gradesin which students are administered norm-referenced tests pursuantto the program; and to provide for related matters.

HOUSE BILL NO. 118 (Duplicate of Senate Bill No. 62)—BY REPRESENTATIVE MCDONALD AND SENATOR DARDENNE ANDCOAUTHORED BY REPRESENTATIVES DOWNER, DEWITT, MCMAINS,CRANE, KENNEY, AND WALSWORTH AND SENATORS EWING, HAINKEL,AND BARHAM

AN ACTTo amend and reenact R.S. 17:81(A), relative to the general powers of

city and parish school boards; to provide relative to the selection ofteachers and other certified personnel; to provide for policies andprocedures relative to the selection process; and to provide forrelated matters.

BARHAM, AND ROMEROAN ACT

To amend and reenact R.S. 48:275, relative to nomination for inclusionor placement of bridges, highways, or certain roadway structuresin the National Register of Historic Places; to require priorapproval of the secretary of the Department of Transportation andDevelopment for such nominations; and to provide for related

HOUSE BILL NO. 152—BY REPRESENTATIVES WALSWORTH, DIMOS, MCDONALD, ANDTHOMPSON AND SENATOR JONES

AN ACTTo enact Chapter 9 of Title 34 of the Louisiana Revised Statutes of

1950, to be comprised of R.S. 34:1401 through 1406, relative toport commissions; to create and provide with respect to the GreaterOuachita Port Commission; to provide for the membership,officers, rights, and powers of the commission, including thepower to incur debt, issue bonds, levy special taxes, andexpropriate property; and to provide for related matters.

HOUSE BILL NO. 160—BY REPRESENTATIVES ROUSSELLE AND CLARKSON

AN ACTTo enact R.S. 33:4715.2, relative to Plaquemines Parish; to create a

special district to acquire or construct a new courthouse orrenovate the existing courthouse and to operate and maintain thecourthouse; to provide for governance of the district; to providerelative to the authority of the district in relationship to the parishgoverning authority; to provide for the district's powers and duties,including provisions relative to financing the activities of thedistrict through the levy of taxes or the incurring of debt; and toprovide for related matters.

HOUSE BILL NO. 190—BY REPRESENTATIVE HEBERT

AN ACTTo enact R.S. 34:1603.1, relative to the Twin Parish Port Commission;

to provide for the adoption of ordinances; to provide for aneffective date; and to provide for related matters.


AN ACTTo amend and reenact R.S. 39:31(A), 32(I), and 33(A)(1) and to enact

R.S. 39:28(C), 32(K), and 32.1, relative to the state budget; toprovide for budgeting and planning requirements for certain highereducation agencies; to authorize the Board of Regents to prescribethe content and format of certain budget documents; to require thepreparation and submission of certain budget documents by certainhigher education agencies; to provide relative to the contents ofcertain budget documents; and to provide for related matters.

HOUSE BILL NO. 197 (Substitute for House Bill No. 30 byRepresentative Pinac)—BY REPRESENTATIVE PINAC

AN ACTTo amend and reenact R.S. 33:4754(A)(1), relative to Acadia Parish; to

authorize the parish governing authority to take certain actions tomaintain safe and healthful conditions on private propertyincluding provision for grass and weed cutting, garbage removal,and securing and demolition of dangerous structures; to providerelative to fines, costs, and charges and the enforcement ofcollection of same including enforcement by sale of property; andto provide for related matters.

and asked that the President of the Senate affix his signature to thesame.




The House Bills and Joint Resolutions contained herein weresigned by the President of the Senate.

Privilege Report of the Committee onSenate and Governmental Affairs

ENROLLMENTS


April 13, 1998



The following Senate Resolution has been properly enrolled:

SENATE RESOLUTION NO. 9—BY SENATORS LAMBERT, DARDENNE, AND GREENE (BY REQUEST)

A RESOLUTIONTo create the Bayou Manchac-Alligator Bayou-Spanish Lake Study

Commission to study and make recommendations relative to theestablishment of portions of Bayou Manchac from its intersectionwith Bayou Fountain in East Baton Rouge Parish to its intersectionwith Alligator Bayou, portions of Alligator Bayou from itsintersection with Bayou Manchac where East Baton Rouge,Ascension, and Iberville parishes meet to Spanish Lake in IbervilleParish, and portions of Spanish Lake located in the easternmostportion of Iberville Parish and bordering Ascension Parish as a ROMERO, SCHEDLER, ULLO AND BAGNERIS AND REPRESENTATIVESstate park, a historic site or region, a wildlife management area, orany other designation appropriate to ensure protection,preservation, and conservation of the bayous, the lake, and thesurrounding area.

Respectfully submitted,JAY DARDENNE

Chairman

The foregoing Senate Resolution was signed by the President ofthe Senate and presented to the Secretary of State by the Secretary.

Privilege Report of the Committee onSenate and Governmental Affairs

ENROLLMENTS


April 9, 1998



The following Senate Bills have been properly enrolled:

SENATE BILL NO. 11 (Duplicate of House Bill No. 36)—BY SENATORS COX AND REPRESENTATIVE STELLY AND COAUTHOREDBY SENATORS BAGNERIS, BAJOIE, BARHAM, BEAN, CAIN, CAMPBELL,CRAVINS, DARDENNE, DYESS, ELLINGTON, EWING, C. FIELDS, W.FIELDS, GREENE, HEITMEIER, HINES, HOLLIS, IRONS, JOHNSON,LAMBERT, LANDRY, LENTINI, MALONE, ROBICHAUX, ROMERO,SCHEDLER, SIRACUSA, SMITH, TARVER, THEUNISSEN AND ULLO ANDREPRESENTATIVES THOMPSON AND BRUCE

AN ACTTo amend and reenact R.S. 11:2178(D)(III)(1)(introductory paragraph)

and (b)(i) and (E)(1) and (2) and to enact R.S. 11:2178(F), relativeto the Sheriffs' Pension and Relief Fund; to provide for eligibilityfor certain survivor benefits; to increase the amount payable todependents in certain cases; to provide relative to the type of actwarranting death benefits; to provide for an effective date; and toprovide for related matters.

SENATE BILL NO. 72 (Duplicate of House Bill No. 147)—BY SENATOR EWING AND REPRESENTATIVE DOWNER ANDCOAUTHORED BY SENATORS DARDENNE, HAINKEL, BARHAM,ROMERO, BAJOIE, CASANOVA, DYESS, HINES, IRONS, LANDRY ANDSCHEDLER AND REPRESENTATIVES DEWITT, MCMAINS, CLARKSON,DURAND, SCHWEGMANN AND BRUCE

AN ACTTo amend and reenact R.S. 36:4(B)(8), to enact Chapter 45 of Title 46

of the Louisiana Revised Statutes of 1950, to be comprised of R.S.46:2601 through 2607, and to repeal Chapter 45 of Title 46 of theLouisiana Revised Statutes of 1950, as enacted by Acts 1992, No.971, as amended by Acts 1993, No. 424, Acts 1995, No. 945 andNo. 1232, Acts 1997, No. 883 and No. 1172, relative to theChildren's Cabinet; to provide for the establishment of the cabinetand the Children's Cabinet Advisory Board; to provide for thepowers, duties, and functions of the cabinet and the advisoryboard; to provide for actions taken by the cabinet and board; toprovide for termination of the cabinet; to provide for an effectivedate; and to provide for related matters.

SENATE BILL NO. 73—BY SENATORS EWING, HINES, DARDENNE, HAINKEL, BARHAM,

DOWNER, DEWITT, MCMAINS, ANSARDI, CLARKSON, JOHNS, MURRAY,WALSWORTH AND WIGGINS

AN ACTTo amend and reenact R.S. 9:392 and 396(A) and R.S.

40:46.1(B)(1)(c), (B)(2), and (F)(3), relative to paternity; to requirenotice of consequences of signing acknowledgment of paternityprior to signing of notarial act; to require genetic testing of partiesupon request of a party in a contested paternity case in a court-based proceeding; to require that such request be accompanied bysworn affidavit either alleging or denying paternity; and to providefor related matters.

SENATE BILL NO. 81—BY SENATOR BARHAM

AN ACTTo enact R.S. 33:381(C)(12), relative to municipal officers; to provide

that the chief of police of the village of Oak Ridge be appointed; toprovide for the qualifications for the chief of police of Oak Ridge;and to provide for related matters.

SENATE BILL NO. 107 (Duplicate of House Bill No. 171)—BY SENATOR HEITMEIER AND REPRESENTATIVE DOWNER ANDCOAUTHORED BY REPRESENTATIVES CRANE, DEWITT, MCDONALD,MCMAINS, STELLY, WALSWORTH, CURTIS, DANIEL, DURAND, FLAVIN,JOHNS, SHAW, WILKERSON, ALARIO, R. ALEXANDER, ANSARDI,BARTON, BAUDOIN, BAYLOR, BOWLER, BRUCE, BRUNEAU, CARTER,CLARKSON, COPELIN, DAMICO, DEVILLE, DIEZ, DOERGE, DONELON,DUPRE, FAUCHEUX, FONTENOT, FRITH, FRUGE, GAUTREAUX, GLOVER,GUILLORY, HEATON, HILL, HOLDEN, HOPKINS, HUDSON, HUNTER, ILES,KENNARD, KENNEY, LANCASTER, LANDRIEU, LEBLANC, LONG,MARTINY, MCCAIN, MCCALLUM, MICHOT, MONTGOMERY, MORRELL,MORRISH, MURRAY, PIERRE, PINAC, POWELL, RIDDLE, ROMERO,ROUSSELLE, SALTER, SCALISE, SCHNEIDER, SCHWEGMANN, JACKSMITH, JOHN SMITH, STRAIN, THOMAS, THOMPSON, THORNHILL,TOOMY, TRAVIS, TRICHE, VITTER, WADDELL, WARNER, WELCH,WESTON, WIGGINS, WILLARD, WINDHORST, AND WRIGHT

AN ACTTo amend and reenact R.S. 11:737(A) and 791(A)(2), to enact R.S.

17:16, and to repeal R.S. 11:739 and 791(A)(3), (4) and (5),relative to the Teachers' Retirement System of Louisiana; to


provide for the reemployment of those members who did notparticipate in the Deferred Retirement Option Plan and thosemembers who participated in the Deferred Retirement Option Planand who retired thereafter; to provide relative to rules; to providefor an effective date; and to provide for related matters.

SENATE BILL NO. 116 (Duplicate of House Bill 181)—BY SENATOR HAINKEL AND REPRESENTATIVE SCALISE ANDCOAUTHORED BY REPRESENTATIVE DEWITT

AN ACTTo amend and reenact R.S. 39:1536 and to enact R.S. 24:653(I) and

R.S. 39:1543(C), relative to the office of risk management; toauthorize the office of risk management to perform loss preventionaudits of its insured agencies of state government; to provide forcredits to premiums; to provide for penalties; to provide fornullification of penalties; and to provide for related matters.

Respectfully submitted,JAY DARDENNE

Chairman

The foregoing Senate Bills were signed by the President of theSenate.

Message to the Governor

SIGNED SENATE BILLS

April 9, 1998

To the Honorable Governor of the State of Louisiana:

The President of the Senate and the Speaker of the House ofRepresentatives have signed the following Senate Bills:

SENATE BILL NO. 11 (Duplicate of House Bill No. 36)—BY SENATORS COX AND REPRESENTATIVE STELLY AND COAUTHOREDBY SENATORS BAGNERIS, BAJOIE, BARHAM, BEAN, CAIN, CAMPBELL,CRAVINS, DARDENNE, DYESS, ELLINGTON, EWING, C. FIELDS, W.FIELDS, GREENE, HEITMEIER, HINES, HOLLIS, IRONS, JOHNSON,LAMBERT, LANDRY, LENTINI, MALONE, ROBICHAUX, ROMERO,SCHEDLER, SIRACUSA, SMITH, TARVER, THEUNISSEN AND ULLO ANDREPRESENTATIVES THOMPSON AND BRUCE

AN ACTTo amend and reenact R.S. 11:2178(D)(III)(1)(introductory paragraph)

and (b)(i) and (E)(1) and (2) and to enact R.S. 11:2178(F), relativeto the Sheriffs' Pension and Relief Fund; to provide for eligibilityfor certain survivor benefits; to increase the amount payable todependents in certain cases; to provide relative to the type of actwarranting death benefits; to provide for an effective date; and toprovide for related matters.

SENATE BILL NO. 72 (Duplicate of House Bill No. 147)—BY SENATOR EWING AND REPRESENTATIVE DOWNER ANDCOAUTHORED BY SENATORS DARDENNE, HAINKEL, BARHAM,ROMERO, BAJOIE, CASANOVA, DYESS, HINES, IRONS, LANDRY ANDSCHEDLER AND REPRESENTATIVES DEWITT, MCMAINS, CLARKSON,DURAND, SCHWEGMANN AND BRUCE

AN ACTTo amend and reenact R.S. 36:4(B)(8), to enact Chapter 45 of Title 46

of the Louisiana Revised Statutes of 1950, to be comprised of R.S.46:2601 through 2607, and to repeal Chapter 45 of Title 46 of theLouisiana Revised Statutes of 1950, as enacted by Acts 1992, No.971, as amended by Acts 1993, No. 424, Acts 1995, No. 945 andNo. 1232, Acts 1997, No. 883 and No. 1172, relative to theChildren's Cabinet; to provide for the establishment of the cabinetand the Children's Cabinet Advisory Board; to provide for thepowers, duties, and functions of the cabinet and the advisoryboard; to provide for actions taken by the cabinet and board; toprovide for termination of the cabinet; to provide for an effectivedate; and to provide for related matters.

SENATE BILL NO. 73—BY SENATORS EWING, HINES, DARDENNE, HAINKEL, BARHAM,ROMERO, SCHEDLER, ULLO AND BAGNERIS AND REPRESENTATIVESDOWNER, DEWITT, MCMAINS, ANSARDI, CLARKSON, JOHNS, MURRAY,WALSWORTH AND WIGGINS

AN ACTTo amend and reenact R.S. 9:392 and 396(A) and R.S.

40:46.1(B)(1)(c), (B)(2), and (F)(3), relative to paternity; to requirenotice of consequences of signing acknowledgment of paternityprior to signing of notarial act; to require genetic testing of partiesupon request of a party in a contested paternity case in a court-based proceeding; to require that such request be accompanied bysworn affidavit either alleging or denying paternity; and to providefor related matters.

SENATE BILL NO. 81—BY SENATOR BARHAM

AN ACTTo enact R.S. 33:381(C)(12), relative to municipal officers; to provide

that the chief of police of the village of Oak Ridge be appointed; toprovide for the qualifications for the chief of police of Oak Ridge;and to provide for related matters.

SENATE BILL NO. 107 (Duplicate of House Bill No. 171)—BY SENATOR HEITMEIER AND REPRESENTATIVE DOWNER ANDCOAUTHORED BY REPRESENTATIVES CRANE, DEWITT, MCDONALD,MCMAINS, STELLY, WALSWORTH, CURTIS, DANIEL, DURAND, FLAVIN,JOHNS, SHAW, WILKERSON, ALARIO, R. ALEXANDER, ANSARDI,BARTON, BAUDOIN, BAYLOR, BOWLER, BRUCE, BRUNEAU, CARTER,CLARKSON, COPELIN, DAMICO, DEVILLE, DIEZ, DOERGE, DONELON,DUPRE, FAUCHEUX, FONTENOT, FRITH, FRUGE, GAUTREAUX, GLOVER,GUILLORY, HEATON, HILL, HOLDEN, HOPKINS, HUDSON, HUNTER, ILES,KENNARD, KENNEY, LANCASTER, LANDRIEU, LEBLANC, LONG,MARTINY, MCCAIN, MCCALLUM, MICHOT, MONTGOMERY, MORRELL,MORRISH, MURRAY, PIERRE, PINAC, POWELL, RIDDLE, ROMERO,ROUSSELLE, SALTER, SCALISE, SCHNEIDER, SCHWEGMANN, JACKSMITH, JOHN SMITH, STRAIN, THOMAS, THOMPSON, THORNHILL,TOOMY, TRAVIS, TRICHE, VITTER, WADDELL, WARNER, WELCH,WESTON, WIGGINS, WILLARD, WINDHORST, AND WRIGHT

AN ACTTo amend and reenact R.S. 11:737(A) and 791(A)(2), to enact R.S.

17:16, and to repeal R.S. 11:739 and 791(A)(3), (4) and (5),relative to the Teachers' Retirement System of Louisiana; toprovide for the reemployment of those members who did notparticipate in the Deferred Retirement Option Plan and thosemembers who participated in the Deferred Retirement Option Planand who retired thereafter; to provide relative to rules; to providefor an effective date; and to provide for related matters.

SENATE BILL NO. 116 (Duplicate of House Bill 181)—BY SENATOR HAINKEL AND REPRESENTATIVE SCALISE ANDCOAUTHORED BY REPRESENTATIVE DEWITT

AN ACTTo amend and reenact R.S. 39:1536 and to enact R.S. 24:653(I) and

R.S. 39:1543(C), relative to the office of risk management; toauthorize the office of risk management to perform loss preventionaudits of its insured agencies of state government; to provide forcredits to premiums; to provide for penalties; to provide fornullification of penalties; and to provide for related matters.

SENATE BILL NO. 145 (Duplicate of House Bill No. 70)—BY SENATOR HAINKEL AND REPRESENTATIVE POWELL ANDCOAUTHORED BY SENATOR SCHEDLER AND REPRESENTATIVESCARTER AND FONTENOT

AN ACTTo amend and reenact R.S. 13:621.21, relative to district judges; to

provide for two additional judgeships for the Twenty-first JudicialDistrict Court; to provide for compensation of the additionaljudges; to provide for the election and terms of office and those ofthe successors in office; and to provide for related matters.

SENATE BILL NO. 56 (Duplicate of House Bill No. 12)—BY SENATOR DARDENNE AND REPRESENTATIVE DOWNER ANDCOAUTHORED BY SENATORS EWING, HAINKEL, BARHAM, ROMERO,BRANCH, JONES AND LANDRY AND REPRESENTATIVES ALARIO,COPELIN, DAMICO, DIEZ, DONELON, LANCASTER, DEWITT ANDMCMAINS

AN ACT


To amend and reenact R.S. 29:723(2), relative to emergency The President of the Senate and the Speaker of the House ofpreparedness; to include in the definition of "emergency" certain Representatives have signed the following Senate Concurrent Resolutions:events which result in an interruption of utility services and whichaffect the safety, health, or welfare of the public and damage toutility property endangering the public; and to provide for relatedmatters.

SENATE BILL NO. 52 (Duplicate of House Bill No. 13)—BY SENATOR DARDENNE AND REPRESENTATIVE DUPRE ANDCOAUTHORED BY REPRESENTATIVE FRITH

AN ACTTo amend and reenact R.S. 14:98(C)(introductory paragraph), relative

to the crime of operating a vehicle while intoxicated; to clarify thatthe total sentence of imprisonment for a conviction of a secondsuch offense shall not exceed six months; to provide that sentenceof home incarceration may be ordered if otherwise allowed by law;and to provide for related matters.

SENATE BILL NO. 53 (Duplicate of House Bill No. 108)—BY SENATOR DARDENNE AND REPRESENTATIVE DUPRE

AN ACTTo amend and reenact R.S. 24:802(B)(4), (5), (6), and (7), relative to

the Advisory Commission on Intergovernmental Relations; toallow for the appointment of certain designees to the commission;and to provide for related matters.

SENATE BILL NO. 74—BY SENATORS EWING, HINES, DARDENNE, HAINKEL, BARHAM,ROMERO, SCHEDLER, ULLO AND LANDRY AND REPRESENTATIVESDOWNER, DEWITT, MCMAINS, ANSARDI, JOHNS, MURRAY ANDWIGGINS

AN ACTTo amend and reenact R.S. 46:236.3(E)(4) and (I) and to enact R.S.

46:236.3(O), relative to enforcement of support by incomeassignment; to provide for the effect of income assignments; toprovide that notice to withhold shall operate as an assignment; toprovide for the amount of processing fees; to provide for anemployer’s immunity from civil liability; and to provide for relatedmatters.

SENATE BILL NO. 75—BY SENATORS EWING, HINES, DARDENNE, HAINKEL, BARHAM,ROMERO AND ULLO AND REPRESENTATIVES DOWNER, DEWITT,MCMAINS, ANSARDI, CLARKSON, JOHNS, MURRAY AND WIGGINS

AN ACTTo amend and reenact R.S. 32:409.1(A)(2)(d)(viii), 410(A)(3)(a)(viii),

and R.S. 40:34(B)(2)(a) and (C) and to enact R.S. 9:224(A)(6) and(D), 313, and 395, R.S. 32:409.1(A)(2)(d)(vi), and R.S. 37:23,relative to provision of information; to require inclusion of socialsecurity numbers in certain vital statistics records, certain license A CONCURRENT RESOLUTIONapplications, and divorce proceedings; to require a party in To designate April 1998 as Cancer Awareness Month. paternity or child support proceedings to file and update certainidentifying information including employment; to provide for Respectfully submitted,notice requirements in subsequent proceedings; to provide for MICHAEL S. BAER, IIIconfidentiality; and to provide for related matters. Secretary of the Senate

and they are hereby presented for executive approval.

Respectfully submitted,MICHAEL S. BAER, III

Secretary of the Senate

Message to the Secretary of State

SIGNEDSENATE CONCURRENT RESOLUTIONS

April 9, 1998

To the Honorable Secretary of State:

SENATE CONCURRENT RESOLUTION NO. 16—BY SENATORS CRAVINS, ROBICHAUX, BAJOIE, BARHAM, BEAN,CASANOVA, COX, DARDENNE, DEAN, ELLINGTON, EWING, C. FIELDS,W. FIELDS, GREENE, HEITMEIER, HINES, HOLLIS, IRONS, JOHNSON,JONES, JORDAN, LANDRY, LENTINI, ROMERO, SHORT, SIRACUSA,SMITH, THEUNISSEN AND ULLO AND REPRESENTATIVE DUPRE

A CONCURRENT RESOLUTIONTo memorialize the Congress of the United States to support and adopt

legislation designed to provide for the sharing of revenuesgenerated from mineral exploration on the Outer ContinentalShelf.

SENATE CONCURRENT RESOLUTION NO. 24—BY SENATOR JONES

A CONCURRENT RESOLUTIONTo commend the president of the United States on his trip to Africa and

to invite him to visit the lower Mississippi River delta region.

SENATE CONCURRENT RESOLUTION NO. 31—BY SENATOR DYESS

A CONCURRENT RESOLUTIONTo designate April 3, 1998 as "National Pay Inequality Awareness

Day."

SENATE CONCURRENT RESOLUTION NO. 32—BY SENATOR ROBICHAUX

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

statisticians of the South Lafourche High School boys basketballteam upon its excellence during the 1997-1998 season thatculminated in its winning a first Class 5-A state high schoolbasketball title and in compiling a record of 29-5 and a districtrecord of 14-0.

SENATE CONCURRENT RESOLUTION NO. 33—BY SENATOR ROBICHAUX

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

statisticians of the Ellender Memorial High School boys' basketballteam upon its excellence during the 1997-1998 season thatculminated in its winning a first Class 4-A state high schoolbasketball title and in compiling a record of 30-2 and a districtrecord of 8-0.

SENATE CONCURRENT RESOLUTION NO. 34—BY SENATORS BAJOIE, IRONS AND LAMBERT

Leaves of Absence

The following leaves of absence were asked for and granted:

Bean 1 Day Dyess 1 DaySiracusa 1 Day

Adjournment

Senator Bagneris moved that the Senate adjourn until Tuesday,April 14, 1998 at 4:00 o'clock P.M.

The President of the Senate declared the Senate adjourned until4:00 o'clock P.M. on Tuesday, April 14, 1998.

MICHAEL S. BAER, IIISecretary of the Senate


GAYE F. HAMILTONJournal Clerk

Documents

OF THE CONCURRING IN SENATEsenate.la.gov/SessionInfo/Archives/1998ES/SpecialJournals/journa13.pdfConstitution of 1974 _____ Senate Chamber State Capitol Baton Rouge, Louisiana Monday,