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OFFICIAL JOURNAL
OF THE
HOUSE OFREPRESENTATIVES
OF THE
STATE OF LOUISIANA
THIRTIETH DAY'S PROCEEDINGS
Twenty-seventh Regular Session of the LegislatureUnder the Adoption of the
Constitution of 1974
House of RepresentativesState Capitol
Baton Rouge, Louisiana
Wednesday, May 16, 2001
The House of Representatives was called to order at 3:00 P.M., bythe Honorable Charlie DeWitt, Speaker of the House ofRepresentatives.
Morning Hour
ROLL CALL
The roll being called, the following members answered to theirnames:
PRESENT
Mr. Speaker Glover PerkinsAlario Green PierreAlexander, E Guillory PinacAlexander, R Hammett PitreAnsardi Heaton PowellBaudoin Hebert PrattBaylor Hill QuezaireBowler Holden RichmondBroome Hopkins RiddleBruce Hudson RomeroBruneau Hunter SalterCarter, K Hutter ScaliseCarter, R Iles SchneiderCazayoux Jackson, L SchwegmannClarkson Jackson, M ShawCrane Johns Smith, G.—56thCrowe Katz Smith, J.D.—50thCurtis Kennard Smith, J.H.—8thDamico Kenney Smith, J.R.—30thDaniel LaFleur SneedDartez Lancaster StellyDevillier Landrieu StrainDiez LeBlanc SwillingDoerge Lucas ThompsonDonelon Martiny ToomyDowner McCallum TownsendDurand McDonald TricheErdey McMains TuckerFarrar McVea Waddell
Faucheux Montgomery WalsworthFlavin Morrell WelchFrith Morrish WinstonFruge Murray WootonFutrell Nevers WrightGallot Odinet Total—104
ABSENT Total—0
The Speaker announced that there were 104 members present anda quorum.
Prayer
Prayer was offered by Rev. Monroe Copelin.
Pledge of Allegiance
Rep. Welch led the House in reciting the Pledge of Allegiance tothe Flag of the United States of America.
Reading of the Journal
On motion of Rep. Frith, the reading of the Journal was dispensedwith.
On motion of Rep. Lucas, and under a suspension of the rules, theJournal of May 14, 2001, was corrected to reflect him as voting nay onfinal passage of House Bill No. 1178.
On motion of Rep. Lucas, and under a suspension of the rules, theJournal of May 14, 2001, was corrected to reflect him as voting nay onfinal passage of House Bill No. 1261.
On motion of Rep. Scalise, and under a suspension of the rules, theJournal of May 15, 2001, was corrected to reflect him as voting nay onfinal passage of House Bill No. 1855.
On motion of Rep. Frith, the Journal of May 15, 2001, wasadopted.
Suspension of the Rules
On motion of Rep. Sneed, the rules were suspended to limit theauthor or proponent handling the legislative instrument to ten minutesfor opening remarks and all subsequent speakers on the instrument tofive minutes.
Petitions, Memorials andCommunications
The following petitions, memorials, and communications werereceived and read:
Conference Committee Appointment
The Speaker appointed the following conferees on the part of theHouse to confer with a like committee from the Senate on thedisagreement to House Bill No. 1492: Reps. DeWitt, LeBlanc, andPowell.
Message from the Senate
SIGNED SENATE CONCURRENT RESOLUTIONS
May 15, 2001
To the Honorable Speaker and Members of the House ofRepresentatives:
Page 2 HOUSE30th Day's Proceedings - May 16, 2001
1528
I am directed to inform your honorable body that the President ofthe Senate has signed the following Senate Concurrent Resolutions:
Senate Concurrent Resolution Nos. 111 and 112
and ask the Speaker of the House of Representatives to affix hissignature to the same.
Respectfully submitted,
MICHAEL S. BAER, IIISecretary of the Senate
The Senate Concurrent Resolutions contained herein were signedby the Speaker of the House.
Message from the Senate
SIGNED SENATE BILLS AND JOINT RESOLUTIONS
May 15, 2001
To the Honorable Speaker and Members of the House of Returned without amendments.Representatives:
I am directed to inform your honorable body that the President of Returned with amendments.the Senate has signed the following Senate Bills:
Senate Bill Nos. 41, 163, 267, 404, 405, 488, 527, 528, 529, 530, 531, Returned with amendments.645, and 930
and ask the Speaker of the House of Representatives to affix his Returned with amendments.signature to the same.
Respectfully submitted, Returned without amendments.
MICHAEL S. BAER, III House Bill No. 351Secretary of the Senate Returned with amendments.
The Senate Bills contained herein were signed by the Speaker of House Bill No. 402the House. Returned without amendments.
Message from the Senate
HOUSE CONCURRENT RESOLUTIONS
May 15, 2001
To the Honorable Speaker and Members of the House ofRepresentatives:
I am directed to inform your honorable body that the Senate hasfinally passed the following House Concurrent Resolutions:
House Concurrent Resolution No. 151Returned without amendments.
House Concurrent Resolution No. 156Returned without amendments.
Respectfully submitted,
MICHAEL S. BAER, IIISecretary of the Senate
Message from the Senate
HOUSE BILLS
May 15, 2001
To the Honorable Speaker and Members of the House ofRepresentatives:
I am directed to inform your honorable body that the Senate hasfinally passed the following House Bills:
House Bill No. 180Returned with amendments.
House Bill No. 217Returned without amendments.
House Bill No. 225Returned without amendments.
House Bill No. 239
House Bill No. 264
House Bill No. 274
House Bill No. 284
House Bill No. 347
House Bill No. 403Returned with amendments.
House Bill No. 484Returned without amendments.
House Bill No. 830Returned without amendments.
House Bill No. 885Returned without amendments.
House Bill No. 1095Returned without amendments.
House Bill No. 1252Returned without amendments.
House Bill No. 1281Returned with amendments.
House Bill No. 1324Returned without amendments.
House Bill No. 1328Returned without amendments.
Page 3 HOUSE30th Day's Proceedings - May 16, 2001
1529
House Bill No. 1479 On motion of Rep. Hunter, and under a suspension of the rules,Returned with amendments. the resolution was concurred in.
Respectfully submitted,
MICHAEL S. BAER, IIISecretary of the Senate
Message from the Senate
DISAGREEMENT TO SENATE BILL
May 16, 2001
To the Honorable Speaker and Members of the House ofRepresentatives:
I am directed to inform your honorable body that the Senate hasrefused to concur in the proposed House Amendments to Senate BillNo. 366 by Sen. McPherson, and ask the Speaker to appoint acommittee to confer with a like committee from the Senate on thedisagreement.
Respectfully submitted,
MICHAEL S. BAER, IIISecretary of the Senate
Message from the Senate
ASKING CONCURRENCE INSENATE CONCURRENT RESOLUTIONS
May 15, 2001
To the Honorable Speaker and Members of the House ofRepresentatives:
I am directed to inform your honorable body that the Senate hasadopted and asks your concurrence in the following Senate ConcurrentResolutions:
Senate Concurrent Resolution Nos. 120, 122, and 124
Respectfully submitted,
MICHAEL S. BAER, IIISecretary of the Senate BY SENATOR LAMBERT (BY REQUEST)
Suspension of the Rules
On motion of Rep. Hunter, the rules were suspended in order totake up and consider Senate Concurrent Resolutions at this time.
Senate Concurrent Resolutions
The following Senate Concurrent Resolutions contained in themessage were taken up and acted upon as follows:
SENATE CONCURRENT RESOLUTION NO. 120—BY SENATOR C. JONES
A CONCURRENT RESOLUTIONTo express the sincere condolences of the Legislature of Louisiana upon
the death of Mrs. Nancy T. Johnson.
Read by title.
SENATE CONCURRENT RESOLUTION NO. 122—BY SENATOR C. FIELDS
A CONCURRENT RESOLUTIONTo To commend and salute the Patient Relations Section of the Health
Care Services Division and the individual patient representativeswhose work has made the section a success.
Read by title.
On motion of Rep. Powell, and under a suspension of the rules, theresolution was concurred in.
Message from the Senate
SENATE BILLS
May 15, 2001
To the Honorable Speaker and Members of the House ofRepresentatives:
I am directed to inform your honorable body that the Senate hasfinally passed the following Senate Bills:
Senate Bill Nos. 157, 401, 458, 512, 1047, 1058, 1105, and 1106
Respectfully submitted,
MICHAEL S. BAER, IIISecretary of the Senate
Suspension of the Rules
On motion of Rep. Diez, the rules were suspended in order to takeup the bills contained in the message at this time.
Senate Bills and Joint Resolutionson First Reading
The following Senate Bills and Joint Resolutions on first readingwere taken up, read, and placed upon the calendar for their secondreading:
SENATE BILL NO. 157—
A JOINT RESOLUTIONProposing to amend Article X, Section 29.1(B); to exclude certain
officials from the provisions of Article X, Section 29.1 of theConstitution of Louisiana; and to specify an election date forsubmission of the proposition to electors and provide a ballotproposition.
Read by title.
SENATE BILL NO. 401—BY SENATOR FONTENOT
AN ACTTo amend and reenact R.S. 11:542(C)(1) and (2), relative to the
Louisiana State Employees' Retirement System; to provide withrespect to a cost-of-living adjustment; to provide for an effectivedate; and to provide for related matters.
Read by title.
Page 4 HOUSE30th Day's Proceedings - May 16, 2001
1530
SENATE BILL NO. 458—BY SENATOR SCHEDLER
AN ACTTo amend and reenact R.S. 37:3372(5), (6), (7), and(9)(a), 3374(4),
(5), (7), (13), (14), (15), and (16), 3375(A)(2) and (B), 3376(A),the introductory paragraph of (C), (C)(5), (8), and (9), theintroductory paragraph of (D), (D)(3)(c), (F)(3) and (4), theintroductory paragraph of (H), (H)(3), and (4), 3376.1, theintroductory paragraph of 3379(A), (A)(1), (2), (7), and (11), AN ACT(B)(1) and (3), and (C), 3381(C), 3382, the introductory To enact Part III of Chapter 3 of Title 51 of the Louisiana Revisedparagraph of 3384, 3384(2) and (4) and to enact R.S. Statutes of 1950, to be comprised of R.S. 51:951 and 952, relative37:3374(17), 3376(C)(10), and (F)(5), 3379(A)(14) and (15), and to the dissemination of information regarding electricity produced(B)(4) and (D) relative to the Substance Abuse Counselor in Louisiana where the state's groundwater is used as part of theCertification Law; to change the name of a prevention counselor; generation process; to provide for entities that own, lease and/orto provide for definitions; to provide for the powers and duties of operate new and expanded electric generation facilities thatthe Louisiana State Board of Certification for Substance Abuse commence operation on or after January 1, 2002 and useCounselors; to provide for certification requirements of a groundwater or surface water to produce electricity; to providesubstance abuse counselor, compulsive gambling counselor or notice of operation date and contact information for electric powerprevention specialist; to provide for suspension of certification or sales; and to provide for related matters.registration and for hearing and appeal thereof; to provide for aneffective date; and to provide for related matters. Read by title.
Read by title.
SENATE BILL NO. 512—BY SENATOR SCHEDLER
AN ACTTo enact R.S. 33:2955(A)(1)(h), relative to investments by political
subdivisions; to authorize investment in certain additionalinvestment instruments; and to provide for related matters.
Read by title.
SENATE BILL NO. 1047—BY SENATOR MCPHERSON
AN ACTTo enact Part III of Chapter 10 of Title 46 of the Louisiana Revised
Statutes of 1950, to be comprised of R.S. 46:1081 through 1083,relative to hospital service districts; to create a parish hospitalservice district in certain parishes and provide for the powers,duties, functions, and responsibilities of the district; to provide fora governing board of commissioners of each district and formembership of the board; and to provide for related matters.
Read by title.
SENATE BILL NO. 1058—BY SENATOR MOUNT
AN ACTTo amend and reenact R.S. 33:4699.1(A) and (B), relative to certain
public property in the city of Lake Charles; to provide relative tothe use of certain property; to authorize the use of the property forcommercial or profit-oriented projects; to authorize the lease ofsuch property; to authorize the use of certain property for certaingaming activities subject to voter approval; to provide conditionsand restrictions; and to provide for related matters.
Read by title.
SENATE BILL NO. 1105 (Substitute for Senate Bill No. 812 bySenator Schedler)—
BY SENATOR SCHEDLERAN ACT
To enact Part XXV of Chapter 1 of Title 22 of the Louisiana RevisedStatutes of 1950, to be comprised of R.S. 22:1131 through 1139,relative to professional employer organizations; to provide forregulation of insurance operations; to authorize professionalemployer organizations; to provide benefit plans under certaincircumstances; to require workers' compensation insurance
coverage on employees; to provide for licensing requirements; toprovide for exemptions; and to provide for related matters.
Read by title.
SENATE BILL NO. 1106 (Substitute for Senate Bill No. 1077 bySenators Thomas and Schedler)—
BY SENATORS THOMAS, SCHEDLER AND CAIN
Privileged Report of the Legislative Bureau
May 16, 2001
To the Speaker and Members of the House of Representatives:
I am directed by your Legislative Bureau to submit the followingreport:
Senate Bill No. 113Reported without amendments.
Senate Bill No. 150Reported without amendments.
Senate Bill No. 151Reported without amendments.
Senate Bill No. 229Reported without amendments.
Senate Bill No. 389Reported without amendments.
Senate Bill No. 506Reported without amendments.
Senate Bill No. 523Reported without amendments.
Senate Bill No. 562Reported without amendments.
Senate Bill No. 1088Reported without amendments.
Respectfully submitted,
JOE SALTERChairman
Page 5 HOUSE30th Day's Proceedings - May 16, 2001
1531
House and House Concurrent Resolutions
The following House and House Concurrent Resolutions lyingover were taken up and acted upon as follows:
HOUSE CONCURRENT RESOLUTION NO. 152—BY REPRESENTATIVE DIEZ
A CONCURRENT RESOLUTIONTo memorialize the United States Congress to adopt legislation
authorizing states to opt out of the federal-aid highway program.
Read by title.
Under the rules, the above resolution was referred to theCommittee on Transportation, Highways and Public Works.
HOUSE CONCURRENT RESOLUTION NO. 153—BY REPRESENTATIVE K. CARTER
A CONCURRENT RESOLUTION legislation providing for a method for a state to require all out-of-To urge and request the Vieux Carre Commission to invite the governor state sellers to collect the state's sales tax on their "remote sales".
and the members of the legislature who represent any part of theVieux Carre, or their designees, to attend and participate in Read by title.commission meetings and to advise such officials of allcommission activities. Under the rules, the above resolution was referred to the
Read by title.
On motion of Rep. Karen Carter, and under a suspension of therules, the resolution was adopted.
Ordered to the Senate.
HOUSE CONCURRENT RESOLUTION NO. 154—BY REPRESENTATIVE K. CARTER
A CONCURRENT RESOLUTIONTo urge and request the Legislature of Louisiana to recognize the
history, economic impact, and social benefits of Louisiana's musicindustry, to embark upon greater efforts to enshrine, memorialize,and develop historically significant music sites and areas, to urgestate government to invest in strong music education and musichistory projects that will carry Louisiana's music legacy forward forfuture generations, and to declare parts of New Orleans as "TheBirthplace of Jazz, New Orleans Rhythm and Blues, and Rock andRoll."
Read by title.
Under the rules, the above resolution was referred to theCommittee on Municipal, Parochial and Cultural Affairs.
HOUSE CONCURRENT RESOLUTION NO. 155—BY REPRESENTATIVE GUILLORY
A CONCURRENT RESOLUTIONTo urge and request the nominating and appointing authorities of the
Southwest Louisiana Convention and Visitors Bureau to cooperateto the extent necessary to assure that at all times not less than twomembers of the board of directors of the bureau are African-Americans.
Read by title.
Under the rules, the above resolution was referred to theCommittee on Municipal, Parochial and Cultural Affairs.
HOUSE CONCURRENT RESOLUTION NO. 157—BY REPRESENTATIVE DAMICO
A CONCURRENT RESOLUTIONTo urge and request the Department of Environmental Quality to study
the feasibility of a consortium of southern states to identifycommon environmental issues, analyze current state and federal
laws and programs addressing such issues, and to work towardregional solutions that benefit those southern states
Read by title.
Under the rules, the above resolution was referred to theCommittee on Environment.
Senate Concurrent Resolutions
The following Senate Concurrent Resolutions lying over weretaken up and acted upon as follows:
SENATE CONCURRENT RESOLUTION NO. 4—BY SENATORS B. JONES, DARDENNE AND GAUTREAUX ANDREPRESENTATIVES LANCASTER AND MONTGOMERY
A CONCURRENT RESOLUTIONTo memorialize the Congress of the United States to enact federal
Committee on Ways and Means.
SENATE CONCURRENT RESOLUTION NO. 5—BY SENATORS B. JONES, DARDENNE AND GAUTREAUX ANDREPRESENTATIVES LANCASTER AND MONTGOMERY
A CONCURRENT RESOLUTIONTo urge and request the governor and the Department of Revenue to
fully participate in the "Streamlined Sales Tax Project" and toreport to the legislature on their progress and any legislationproposed by the project.
Read by title.
Under the rules, the above resolution was referred to theCommittee on Ways and Means.
SENATE CONCURRENT RESOLUTION NO. 102—BY SENATOR C. JONES
A CONCURRENT RESOLUTIONTo adopt Joint Rule No. 20 of the Joint Rules of the Senate and House
of Representatives, relative to legislative instruments whichestablish a minimum or maximum mandatory prison sentence; torequire that a copy of a fiscal note be attached to the instrumentprior to its consideration by any committee of either house of thelegislature unless the committee otherwise decides.
Read by title.
Under the rules, the above resolution was referred to theCommittee on House and Governmental Affairs.
Senate Bills and Joint Resolutions onSecond Reading to be Referred
The following Senate Bills and Joint Resolutions on secondreading to be referred were taken up, read, and referred to committees,as follows:
SENATE BILL NO. 68—BY SENATOR C. FIELDS
AN ACTTo amend and reenact R.S. 18:177(A), relative to registration of voters;
to provide for notice of reinstatement of voting rights to a personwho has completed an order of imprisonment; to provide relativeto the duties of the Department of Public Safety and Corrections
Page 6 HOUSE30th Day's Proceedings - May 16, 2001
1532
relative to the notification of completion of sentences for felonyconvictions; and to provide for related matters.
Read by title.
Under the rules, the above bill was referred to the Committee onHouse and Governmental Affairs.
SENATE BILL NO. 319—BY SENATORS BAJOIE, HINES, MOUNT AND SCHEDLER
AN ACTTo enact Part LVII of Chapter 5 of Title 40 of the Louisiana Revised
Statutes of 1950, to be comprised of R.S. 40:1300.172.1 through1300.172.3, relative to mammograms; to provide for screeningmammograms; to authorize the performance of mammogramswithout a prescription from a licensed practitioner; to provide fornotification of the results; to provide limited immunity from civilliability; and to provide for related matters.
Read by title.
Motion
On motion of Rep. Pratt, the bill was returned to the calendar.
SENATE BILL NO. 455—BY SENATOR MICHOT
AN ACTTo amend and reenact R.S. 36:4(B)(1)(e), R.S. 39:141(A)(1) and (3)
and (B), 143(3), 199(E), 212(A)(3) and (B), 301(A) and (B), 302,and 1752(1), (6), and (9), and R.S. 49:1053(B) and 1054(9), toenact Subpart C of Part I of Chapter 1 of Title 39 of the LouisianaRevised Statutes of 1950, to be comprised of R.S. 39:15.1 through15.5, Subpart D of Part I of Chapter 1 of Title 39 of the LouisianaRevised Statutes of 1950, to be comprised of R.S. 39:16.1 through16.5, R.S. 39:141(A)(10), 1752(12) and (13), and R.S.49:1053(C)(18) and to repeal R.S. 39:196(C) and R.S. 39:290through 298, relative to information technology; to establish theoffice of information technology; to provide for the offices, staff,and duties of that office; to provide for the chief informationofficer; to provide for his duties and responsibilities; to create theLouisiana Information Technology Advisory Board and providefor its membership, duties, and activities; to create the LouisianaTechnology Advisory Group and provide for its membership,duties, and activities; to establish the office of electronic services;to provide for the duties of that office; to provide for a catalog inelectronic format of databases in Louisiana; to provide relative tothe duties of the office of telecommunications management; toprovide relative to certain procurement activities; to providerelative to the membership of the Louisiana TechnologyInnovations Council; to provide relative to the Advisory Councilfor Technology Access by Individuals with Disabilities and toprovide for its membership; to provide relative to the definition ofcertain systems within the area of telecommunications systems andservices; to provide relative to the Louisiana GeographicInformation Systems Council; to repeal the provisions creating theLouisiana Data Base Commission; and to provide for relatedmatters.
Read by title.
Under the rules, the above bill was referred to the Committee onAppropriations.
SENATE BILL NO. 624—BY SENATOR MOUNT (BY REQUEST) AND REPRESENTATIVES JOHNSAND STELLY
AN ACTTo enact R.S. 33:2481.2, relative to the office of police chief of the city
of Lake Charles; to provide a specified term for the office; toprovide for the applicability of civil service provisions to the office;and to provide for related matters.
Read by title.
Under the rules, the above bill was referred to the Committee onMunicipal, Parochial and Cultural Affairs.
SENATE BILL NO. 725—BY SENATOR HINES
AN ACTTo enact R.S. 33:2012, relative to municipalities and parishes; to
provide with respect to firemen and policemen; to provide foroccupational diseases or infirmities; and to provide for relatedmatters.
Read by title.
Under the rules, the above bill was referred to the Committee onMunicipal, Parochial and Cultural Affairs.
SENATE BILL NO. 829—BY SENATOR THEUNISSEN
AN ACTTo amend and reenact R.S. 17:3226(A) and to enact R.S. 17:3228,
relative to the authority of the Board of Regents to establishlearning centers; to authorize the Board of Regents to establishlearning centers in areas of the state not adequately provided withpostsecondary education services; to provide for the operation,management and supervision of the learning centers; to authorizethe establishment of advisory councils; and to provide for relatedmatters.
Read by title.
Under the rules, the above bill was referred to the Committee onEducation.
SENATE BILL NO. 865—BY SENATOR THOMAS
AN ACTTo enact R.S. 22:230.5, relative to health insurance coverage; to
provide with respect to health insurance benefits and optionsmandated by law; to provide for actuarial cost analysis and periodicreevaluations of statutory mandates; and to provide for relatedmatters.
Read by title.
Under the rules, the above bill was referred to the Committee onInsurance.
SENATE BILL NO. 1007—BY SENATORS BEAN AND HINES
AN ACTTo enact R.S. 44:4(29), relative to public records; to exempt certain
records and information in the possession of the Louisiana StateBoard of Practical Nurse Examiners from the public records law;to provide for public access to certain records; and to provide forrelated matters.
Read by title.
Under the rules, the above bill was referred to the Committee onHouse and Governmental Affairs.
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1533
SENATE BILL NO. 1050— HOUSE RESOLUTION NO. 48—BY SENATOR FONTENOT BY REPRESENTATIVES BRUNEAU, LEBLANC, AND MURRAY
AN ACT A RESOLUTIONTo enact R.S. 33:1554.1, relative to coroners; to provide with respect To amend and readopt House Rule 5.8 of the Rules of Order of the
to the coroner in Livingston Parish; to provide for qualifications House of Representatives to extend the requirement for sessionfor office; to authorize the reelection of a person who is not a attire for members to meetings of House committees.licensed physician to the office of coroner in Livingston Parish;and to provide for related matters. Read by title.
Read by title. Reported with amendments by the Committee on House and
Motion
On motion of Rep. Erdey, the bill was returned to the calendar.
SENATE BILL NO. 1052—BY SENATORS SMITH AND ELLINGTON
AN ACTTo enact R.S. 17:105.1, relative to the assignment, transfer, and
continuance of pupils; to provide for the transfer of a pupil to aschool system adjoining the one in which he resides under certaincircumstances; to provide certain limitations and restrictions; toprovide for the transfer of certain funding; and to provide forrelated matters.
Read by title.
Under the rules, the above bill was referred to the Committee onEducation.
House and House Concurrent ResolutionsReported by Committee
The following House and House Concurrent Resolutions reportedby committee were taken up and acted upon as follows:
HOUSE RESOLUTION NO. 45—BY REPRESENTATIVES HOLDEN, HUNTER, AND LANCASTER
A RESOLUTIONTo adopt House Rule 5.10 of the Rules of Order of the House of
Representatives to prohibit the use of wireless telephones andaudible pagers in the House chamber during joint sessions of thelegislature.
Read by title.
Reported with amendments by the Committee on House andGovernmental Affairs.
The committee amendments were read as follows:
HOUSE COMMITTEE AMENDMENTS
Amendments proposed by House Committee on House andGovernmental Affairs to Original House Resolution No. 45 byRepresentative Holden
AMENDMENT NO. 1
On page 1, line 9, delete "a" and insert "an audible"
On motion of Rep. Lancaster, the amendments were adopted.
On motion of Rep. Lancaster, the resolution, as amended, wasordered engrossed and passed to its third reading.
Governmental Affairs.
The committee amendments were read as follows:
HOUSE COMMITTEE AMENDMENTS
Amendments proposed by House Committee on House andGovernmental Affairs to Original House Resolution No. 48 byRepresentative Bruneau
AMENDMENT NO. 1
On page 1 delete line 9 in its entirety and on line 10 delete "meeting ofa committee thereof," and insert the following:
"While in the House Chamber when the House is in session or in aHouse committee room during the meeting of a legislative committee,"
On motion of Rep. Lancaster, the amendments were adopted.
On motion of Rep. Lancaster, the resolution, as amended, wasordered engrossed and passed to its third reading.
HOUSE CONCURRENT RESOLUTION NO. 115—BY REPRESENTATIVE R. ALEXANDER
A CONCURRENT RESOLUTIONTo authorize and request the Louisiana State Law Institute to review
certain statutory provision and in all locations it deems appropriatechange current references to the Department of Health and HumanResources and to the office of family services to the correct agencyor office.
Read by title.
Reported favorably by the Committee on House and GovernmentalAffairs.
On motion of Rep. Lancaster, the resolution was orderedengrossed and passed to its third reading.
HOUSE CONCURRENT RESOLUTION NO. 127—BY REPRESENTATIVES SALTER AND PERKINS
A CONCURRENT RESOLUTIONTo suspend until the sixtieth day after final adjournment of the 2002
Regular Session of the Legislature of Louisiana certain provisionsof R.S. 40:1379.3(P) and Section 1307(D)(4) of Title 55 of theLouisiana Administrative Code, relative to statewide concealedhandgun permits; to suspend provisions providing for educationalrequirements for renewal of the permits; and to provide for relatedmatters.
Read by title.
Reported favorably by the Committee on Administration ofCriminal Justice.
On motion of Rep. Martiny, the resolution was ordered engrossedand passed to its third reading.
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1534
HOUSE CONCURRENT RESOLUTION NO. 135—BY REPRESENTATIVE BOWLER
A CONCURRENT RESOLUTIONTo amend the severability provisions of certain regulations adopted by
the Department of Insurance.
Read by title.
Reported with amendments by the Committee on Insurance.
The committee amendments were read as follows:
HOUSE COMMITTEE AMENDMENTS
Amendments proposed by House Committee on Insurance to OriginalHouse Concurrent Resolution No. 135 by Representative Bowler
AMENDMENT NO. 1
On page 1, line 2, after "To" and before "the severability" delete "repeal" and insert in lieu thereof "amend"
AMENDMENT NO. 2
On page 1, line 13, after "hereby" and before "the following" delete "repeal" and insert in lieu thereof "amend, in their entirety,"
AMENDMENT NO. 3
On page 1, line 16, at the end of the line delete the period "." and insertin lieu thereof the following:
", all to read as follows: 'If any provision or item of this regulation, orthe application thereof, is held invalid, such invalidity shall not affectother provisions, items, or applications of the regulation which can begiven effect without the invalid provisions, item, or application.' "
On motion of Rep. Donelon, the amendments were adopted.
On motion of Rep. Donelon, the resolution, as amended, wasordered engrossed and passed to its third reading.
HOUSE CONCURRENT RESOLUTION NO. 139—BY REPRESENTATIVES FAUCHEUX AND HUTTER
A CONCURRENT RESOLUTIONTo urge and request the Board of Supervisors of Louisiana State
University and Agricultural and Mechanical College, the Board ofSupervisors of Southern University and Agricultural andMechanical College, and the Board of Supervisors for theUniversity of Louisiana System to consider prohibiting, undercertain circumstances and in accordance with certain guidelinesand timelines, the offering of remedial and developmental courses,except for mathematics, to entering freshmen students atinstitutions under their respective supervision and managementthat offer academic degrees at the baccalaureate level or higher.
Read by title.
Reported with amendments by the Committee on Education.
The committee amendments were read as follows:
HOUSE COMMITTEE AMENDMENTS
Amendments proposed by House Committee on Education to OriginalHouse Concurrent Resolution No. 139 by Representative Faucheux AMENDMENT NO. 1
On page 1, line 6, after "prohibiting" and before "the offering" insert acomma "," and add "under certain circumstances and in accordancewith certain guidelines and timelines,"
AMENDMENT NO. 2
On page 1, line 7, after "courses" and before "to" insert a comma ","and add "except for mathematics,"
AMENDMENT NO. 3
On page 3, line 23, after "prohibiting" and before "the offering" inserta comma "," and add "under certain circumstances and in accordancewith certain guidelines and timelines,"
AMENDMENT NO. 4
On page 3, line 23, after "courses" and before "to" insert a comma ","and add "except for mathematics,"
AMENDMENT NO. 5
On page 3, line 25, after "higher" delete the period "." and insert "whenother public institutions of postsecondary education provide the neededremedial or developmental courses located within the respective servicedelivery areas of such institutions."
AMENDMENT NO. 6
On page 3, between lines 25 and 26, insert the following:
"BE IT FURTHER RESOLVED that it is the intention of theLegislature of Louisiana that any action to prohibit remedial anddevelopmental courses at such institutions shall be implemented inaccordance with guidelines and timelines developed by the Board ofRegents in consultation with the Board of Supervisors of Communityand Technical Colleges and knowledgeable others that will assure thatall students denied such courses have access to high quality remedialand developmental courses at other Louisiana public postsecondaryeducation institutions and that all public postsecondary educationinstitutions called upon to meet the remedial education needs of thesestudents have the funding and facilities necessary to be successful in thismission."
On motion of Rep. Crane, the amendments were adopted.
On motion of Rep. Crane, the resolution, as amended, was orderedengrossed and passed to its third reading.
HOUSE CONCURRENT RESOLUTION NO. 149—BY REPRESENTATIVE ANSARDI
A CONCURRENT RESOLUTIONTo authorize and direct the Department of Insurance and the State
Board of Embalmers and Funeral Directors to jointly study andmake recommendations regarding funeral service insurancepolicies and the regulation thereof.
Read by title.
Reported with amendments by the Committee on Insurance.
The committee amendments were read as follows:
HOUSE COMMITTEE AMENDMENTS
Amendments proposed by House Committee on Insurance to OriginalHouse Concurrent Resolution No. 149 by Representative AnsardiAMENDMENT NO. 1
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On page 1, line 3, after "to" and before "study" insert "jointly" Reported favorably by the Committee on Administration of
AMENDMENT NO. 2
On page 1, line 13, after "to" and before "study" insert "jointly"
AMENDMENT NO. 3
On page 1, line 19, at the end of the line change "2002" to "2003"
On motion of Rep. Donelon, the amendments were adopted.
On motion of Rep. Donelon, the resolution, as amended, wasordered engrossed and passed to its third reading.
Senate Concurrent ResolutionsReported by Committee
The following Senate Concurrent Resolutions reported bycommittee were taken up and acted upon as follows:
SENATE CONCURRENT RESOLUTION NO. 66—BY SENATOR JOHNSON
A CONCURRENT RESOLUTIONTo create and provide for a joint legislative committee to study and
make recommendations with respect to the prevention ofchildhood death and injury through accidental access to handgunsstored in the home or personal vehicle.
Read by title.
Reported favorably by the Committee on Administration ofCriminal Justice.
On motion of Rep. Martiny, the resolution was ordered passed toits third reading.
SENATE CONCURRENT RESOLUTION NO. 79—BY SENATOR SCHEDLER
A CONCURRENT RESOLUTIONTo urge and request the Department of Health and Hospitals to apply
for a federal grant to study the feasibility of establishing andimplementing an optional categorically needy Medicaid eligibilitygroup for working individuals with disabilities, commonly referredto as the "Medicaid Buy-In Program".
Read by title.
Reported favorably by the Committee on Health and Welfare.
On motion of Rep. Rodney Alexander, the resolution was orderedpassed to its third reading.
House Bills and Joint Resolutions onSecond Reading Reported by Committee
The following House Bills and Joint Resolutions on secondreading reported by committee were taken up and acted upon as follows:
HOUSE BILL NO. 194 —BY REPRESENTATIVE KENNARD
AN ACTTo enact R.S. 14:59(A)(11), relative to the crime of criminal mischief;
to include certain acts of vandalism of railroad property; to providefor definitions; and to provide for related matters.
Read by title.
Criminal Justice.
On motion of Rep. Martiny, the bill was ordered engrossed andpassed to its third reading.
Under the rules, placed on the regular calendar.
HOUSE BILL NO. 401—BY REPRESENTATIVE FAUCHEUX
AN ACTTo repeal R.S. 18:1531(D)(2), relative to campaign finance; to remove
provisions which allow certain persons to be paid for transportingpersons to the polls; and to provide for related matters.
Read by title.
Reported with amendments by the Committee on House andGovernmental Affairs.
The committee amendments were read as follows:
HOUSE COMMITTEE AMENDMENTS
Amendments proposed by House Committee on House andGovernmental Affairs to Original House Bill No. 401 by RepresentativeFaucheux
AMENDMENT NO. 1
On page 1, line 2, after "To" delete the remainder of the line and deletelines 3 through 13 and insert the following:
"repeal R.S. 18:1531(D)(2), relative to campaign finance; to removeprovisions which allow certain persons to be paid for transportingpersons to the polls; and to provide"
AMENDMENT NO. 2
On page 1, line 16, after "Section 1." delete the remainder of the lineand delete lines 17 and 18 and delete pages 2 through 11 and insert thefollowing:
"R.S. 18:1531(D)(2) is hereby repealed in its entirety."
On motion of Rep. Lancaster, the amendments were adopted.
On motion of Rep. Lancaster, the bill, as amended, was orderedengrossed and passed to its third reading.
Under the rules, placed on the regular calendar.
HOUSE BILL NO. 429—BY REPRESENTATIVE LANCASTER AND SENATOR ULLO
AN ACTTo enact R.S. 49:191(12)(j) and to repeal R.S. 49:191(11)(i), relative
to the Department of Elections and Registration, includingprovisions to provide for the re-creation of the Department ofElections and Registration and the statutory entities made a part ofthe department by law; to provide for the effective termination datefor all statutory authority for the existence of such statutoryentities; and to provide for related matters.
Read by title.
Reported favorably by the Committee on House and GovernmentalAffairs.
On motion of Rep. Lancaster, the bill was ordered engrossed andpassed to its third reading.
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1536
Under the rules, placed on the regular calendar. Read by title.
HOUSE BILL NO. 437—BY REPRESENTATIVE PINAC
AN ACTTo amend and reenact R.S. 22:1117(A), relative to prohibitions of
insurers, agents, and brokers; to provide for distribution of profits;and to provide for related matters.
Read by title.
Reported favorably by the Committee on Insurance. To enact R.S. 14:102.12, relative to offenses affecting the public
On motion of Rep. Donelon, the bill was ordered engrossed and provide for definitions; to provide for penalties; to provide forpassed to its third reading. exceptions; and to provide for related matters.
Under the rules, placed on the regular calendar. Read by title.
HOUSE BILL NO. 476—BY REPRESENTATIVE MONTGOMERY
A JOINT RESOLUTIONProposing to amend Article X, Section 20 of the Constitution of
Louisiana, relative to political activities of employees in theclassified fire and police civil service in municipalities, parishes,and fire protection districts; to authorize such employees, subjectto certain conditions, to make political speeches or public politicalstatements; to provide for submission of the proposed amendmentto the electors; and to provide for related matters. AN ACT
Read by title. the public sensibility; to provide for the crime of owning dangerous
Reported with amendments by the Committee on House and determine if a dog is dangerous or vicious; to provide for penalties;Governmental Affairs. to provide for the assessment of fees; to provide for posting
The committee amendments were read as follows: dogs; to provide that vicious dogs be euthanized; to provide that
HOUSE COMMITTEE AMENDMENTS
Amendments proposed by House Committee on House andGovernmental Affairs to Original House Bill No. 476 by Representative Read by title.Montgomery
AMENDMENT NO. 1 Criminal Justice.
On page 1, line 18, between "classified" and "service" insert "fire and On motion of Rep. Martiny, the bill was ordered engrossed andpolice civil" passed to its third reading.
AMENDMENT NO. 2 Under the rules, placed on the regular calendar.
On page 2, line 1, delete "union," and insert "union of which he is amember,"
AMENDMENT NO. 3
On page 2, line 13, delete "union," and insert "union of which they aremembers,"
On motion of Rep. Lancaster, the amendments were adopted.
Under the rules, the above bill, as amended, was ordered engrossedand recommitted to the Committee on Civil Law and Procedure.
HOUSE BILL NO. 616—BY REPRESENTATIVE FAUCHEUX
AN ACT The committee amendments were read as follows:To enact R.S. 14:102.12, relative to offenses affecting the public
sensibility; to provide for the crime of training pit bull dogs; toprovide for penalties; to define "pit bull dogs"; and to provide forrelated matters.
Reported by substitute by the Committee on Administration ofCriminal Justice.
The substitute was read by title as follows:
HOUSE BILL NO. 2064 (Substitute for House Bill No. 616 byRepresentative Faucheux)—BY REPRESENTATIVE FAUCHEUX
AN ACT
sensibility; to provide for the crime of illegal training of dogs; to
On motion of Rep. Martiny, the substitute was adopted andbecame House Bill No. 2064 by Rep. Faucheux, on behalf of theCommittee on Administration of Criminal Justice, as a substitute forHouse Bill No. 616 by Rep. Faucheux.
Under the rules, lies over in the same order of business.
HOUSE BILL NO. 622—BY REPRESENTATIVE FAUCHEUX
To enact R.S. 14:102.12 through 102.17, relative to offenses affecting
and vicious dogs; to provide definitions; to provide for a hearing to
requirements; to provide for the seizure of dangerous or vicious
dangerous dogs be euthanized under certain circumstances; toprovide for applicability; to provide exceptions; and to provide forrelated matters.
Reported favorably by the Committee on Administration of
HOUSE BILL NO. 699—BY REPRESENTATIVE MONTGOMERY
AN ACTTo amend and reenact R.S. 33:2591 and to enact R.S. 33:2504(A)(7)
and 2564(A)(7), relative to political activities of employees in theclassified fire and police civil service in municipalities, parishes,and fire protection districts; to authorize such employees, subjectto certain conditions, to make political speeches or public politicalstatements; and to provide for related matters.
Read by title.
Reported with amendments by the Committee on House andGovernmental Affairs.
HOUSE COMMITTEE AMENDMENTS
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1537
Amendments proposed by House Committee on House and The substitute was read by title as follows:Governmental Affairs to Original House Bill No. 699 by RepresentativeMontgomery
AMENDMENT NO. 1
On page 1, line 16, between "classified" and "service" insert "fire andpolice civil"
AMENDMENT NO. 2
On page 1, line 17, delete "union," and insert "union of which he is amember,"
AMENDMENT NO. 3
On page 2, line 9, between "classified" and "service" insert "fire andpolice civil"
AMENDMENT NO. 4
On page 2, line 10, delete "union," and insert "union of which he is amember,"
AMENDMENT NO. 5
On page 2, line 24, between "classified" and "service" insert "fire andpolice civil"
AMENDMENT NO. 6
On page 2, line 25, delete "union," and insert "union of which he is amember,"
On motion of Rep. Lancaster, the amendments were adopted.
On motion of Rep. Lancaster, the bill, as amended, was orderedengrossed and passed to its third reading.
Under the rules, placed on the regular calendar.
HOUSE BILL NO. 758—BY REPRESENTATIVE DURAND
AN ACTTo amend and reenact R.S. 15:574.10, relative to conviction of a felony
while on parole; to remove potential liability of the state for lostincome due to improper revocation of parole; and to provide forrelated matters.
Read by title.
Reported favorably by the Committee on Administration ofCriminal Justice.
On motion of Rep. Martiny, the bill was ordered engrossed andpassed to its third reading.
Under the rules, placed on the regular calendar.
HOUSE BILL NO. 824—BY REPRESENTATIVE ANSARDI
AN ACTTo amend and reenact R.S. 22:253(B), relative to funeral policies; to
provide for caskets; to provide for disclosures; and to provide forrelated matters.
Read by title.
Reported by substitute by the Committee on Insurance.
HOUSE BILL NO. 2065 (Substitute for House Bill No. 824 byRepresentative Ansardi)—BY REPRESENTATIVE ANSARDI
AN ACTTo enact R.S. 22:253(B)(4), relative to funeral policies; to provide for
funeral providers; to provide for disclosures; to provide for rules;and to provide for related matters.
Read by title.
On motion of Rep. Donelon, the substitute was adopted andbecame House Bill No. 2065 by Rep. Ansardi, on behalf of theCommittee on Insurance, as a substitute for House Bill No. 824 by Rep.Ansardi.
Under the rules, lies over in the same order of business.
HOUSE BILL NO. 920—BY REPRESENTATIVE CAZAYOUX
AN ACTTo enact R.S. 6:333(F)(15) and 333.1, relative to disclosure of financial
records pursuant to a criminal investigation; to provideauthorization for disclosure; to provide for definitions; to providefor subpoena for such records; to provide for venue; to provide forservice of process; to provide for confidentiality of subpoena; toprovide for reimbursement of costs; to provide immunity fromliability; and to provide for related matters.
Read by title.
Reported with amendments by the Committee on Administrationof Criminal Justice.
The committee amendments were read as follows:
HOUSE COMMITTEE AMENDMENTS
Amendments proposed by House Committee on Administration ofCriminal Justice to Original House Bill No. 920 by RepresentativeCazayoux
AMENDMENT NO. 1
On page 3, line 9, after "court" and before "order" delete "shall" andinsert "may upon a finding of reasonable grounds as provided by thisSection,"
AMENDMENT NO. 2
On page 3, line 13, after "particularity," and before "reasonable" insert"facts demonstrating that a crime has been committed by the personwhose bank records are sought and "
AMENDMENT NO. 3
On page 3, line 14, after "records" and before "in" insert "as relevantevidence"
On motion of Rep. Martiny, the amendments were adopted.
On motion of Rep. Martiny, the bill, as amended, was orderedengrossed and passed to its third reading.
Under the rules, placed on the regular calendar.
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1538
HOUSE BILL NO. 1100—BY REPRESENTATIVE BOWLER
AN ACTTo enact Chapter 8 of Title 22 of the Louisiana Revised Statutes of
1950, to be comprised of R.S. 22:4011 through 4053, relative tononpublic personal financial information; to provide for thecommissioner of insurance; to provide for requirements ofinsurance licensees; to provide for regulations; to provide for AN ACTdefinitions; to provide for privacy notices; to provide for opt out To repeal R.S. 17:154.3(B), (C), and (D), relative to staff developmentnotices; to provide for disclosures; to provide for exceptions; to days; to repeal the provisions requiring teachers to work threeprovide for prohibitions; to provide for penalties; to provide for additional days for staff development; and to provide for relatedcompliance; and to provide for related matters. matters.
Read by title. Read by title.
Reported with amendments by the Committee on Insurance. Reported favorably by the Committee on Education.
The committee amendments were read as follows: On motion of Rep. Crane, the bill was ordered engrossed and
HOUSE COMMITTEE AMENDMENTS
Amendments proposed by House Committee on Insurance to OriginalHouse Bill No. 1100 by Representative Bowler
AMENDMENT NO. 1
On page 6, delete lines 3 and 4 in their entirety
AMENDMENT NO. 2
On page 6, line 5: change "(iii)" to "(ii)"
AMENDMENT NO. 3
On page 6, line 7: change "(iv)" to "(iii)"
AMENDMENT NO. 4
On page 7, between lines 2 and 3 insert the following:
"(h) An individual is not a licensee's consumer if the individual isa claimant under an insurance policy issued by the licensee."
AMENDMENT NO. 5
On page 12, delete line 18
AMENDMENT NO. 6
On page 12, at the beginning of line 19, change "(ii)" to "(i)"
AMENDMENT NO. 7
On page 12, at the beginning of line 21, change "(iii)" to "(ii)"
AMENDMENT NO. 8
On page 14, delete line 14
AMENDMENT NO. 9
On page 14, at the beginning of line 15, change "(ii)" to "(i)"
AMENDMENT NO. 10
On page 14, at the beginning of line 17, change "(iii)" to "(ii)"
On motion of Rep. Donelon, the amendments were adopted.
On motion of Rep. Donelon, the bill, as amended, was orderedengrossed and passed to its third reading.
Under the rules, placed on the regular calendar.
HOUSE BILL NO. 1447—BY REPRESENTATIVES CROWE AND HOLDEN
passed to its third reading.
Under the rules, placed on the regular calendar.
HOUSE BILL NO. 1459—BY REPRESENTATIVE DONELON
AN ACTTo amend and reenact R.S. 14:102.5(C), relative to the crime of
dogfighting; to increase the penalties for violations of that crime;and to provide for related matters.
Read by title.
Reported favorably by the Committee on Administration ofCriminal Justice.
On motion of Rep. Martiny, the bill was ordered engrossed andpassed to its third reading.
Under the rules, placed on the regular calendar.
HOUSE BILL NO. 1683—BY REPRESENTATIVES LANCASTER AND BRUNEAU
AN ACTTo amend and reenact R.S. 18:59.2(A)(2), relative to the number of
authorized positions for state employees in the office of eachregistrar of voters; to increase the number of such authorizedpositions; and to provide for related matters.
Read by title.
Reported favorably by the Committee on House and GovernmentalAffairs.
On motion of Rep. Lancaster, the bill was ordered engrossed andpassed to its third reading.
Under the rules, placed on the regular calendar.
HOUSE BILL NO. 1815—BY REPRESENTATIVE TRICHE
AN ACTTo enact R.S. 24:523, relative to notifications to the legislative auditor
and district attorney; to require that agency heads notify thelegislative auditor and district attorney of the misappropriation ofpublic funds or assets; and to provide for related matters.
Read by title.
Reported with amendments by the Committee on House andGovernmental Affairs.
Page 13 HOUSE30th Day's Proceedings - May 16, 2001
1539
The committee amendments were read as follows: provide limitations; to provide for an effective date; and to provide
HOUSE COMMITTEE AMENDMENTS
Amendments proposed by House Committee on House andGovernmental Affairs to Original House Bill No. 1815 by Reported favorably by the Committee on Education.Representative Triche
AMENDMENT NO. 1 passed to its third reading.
On page 1, at the end of line 2, delete "or" and insert "and" Under the rules, placed on the regular calendar.
AMENDMENT NO. 2
On page 1, line 3, delete "public servants" and insert "agency heads"
AMENDMENT NO. 3
On page 1, line 4, between "auditor" and "district" delete "or" and insert"and"
AMENDMENT NO. 4
On page 1, line 5, delete "to provide for penalties;"
AMENDMENT NO. 5
On page 1, line 9, delete "A public servant" and insert "An agency headof an auditee"
AMENDMENT NO. 6
On page 1, lines 8 and 11, delete "or" and insert "and"
AMENDMENT NO. 7
On page 1, at the end of line 13, insert the following:
"The district attorney, or other prosecutorial agency, notified of suchmisappropriation may request audit assistance from the legislativeauditor with respect to the misappropriation."
AMENDMENT NO. 8
On page 1, delete lines 14 and 15 in their entirety
AMENDMENT NO. 9
On page 2, line 1, change "C." to "B."
AMENDMENT NO. 10
On page 2, at the end of line 1, delete ""public servant"," and at thebeginning of line 2 delete ""agency"," and insert ""agency head""
On motion of Rep. Lancaster, the amendments were adopted.
On motion of Rep. Lancaster, the bill, as amended, was orderedengrossed and passed to its third reading.
Under the rules, placed on the regular calendar.
HOUSE BILL NO. 1883—BY REPRESENTATIVE L. JACKSON
AN ACTTo enact R.S. 17:1855(C), relative to the Board of Supervisors of
Southern University and Agricultural and Mechanical College; toauthorize the board to impose certain program fee amounts; to
for related matters.
Read by title.
On motion of Rep. Crane, the bill was ordered engrossed and
HOUSE BILL NO. 1904—BY REPRESENTATIVE DARTEZ
AN ACTTo enact R.S. 27:43(C), relative to riverboat gaming; to provide that the
Intracoastal Waterway includes all of Bayou Boeuf situated withinSt. Mary Parish; and to provide for related matters.
Read by title.
Reported favorably by the Committee on Administration ofCriminal Justice.
On motion of Rep. Martiny, the bill was ordered engrossed andpassed to its third reading.
Under the rules, placed on the regular calendar.
HOUSE BILL NO. 1944—BY REPRESENTATIVE MARTINY
AN ACTTo amend and reenact R.S. 14:40.1(A), relative to the crime of
terrorizing; to provide with respect to the definition of that crime;and to provide for related matters.
Read by title.
Reported with amendments by the Committee on Administrationof Criminal Justice.
The committee amendments were read as follows:
HOUSE COMMITTEE AMENDMENTS
Amendments proposed by House Committee on Administration ofCriminal Justice to Original House Bill No. 1944 by RepresentativeMartiny
AMENDMENT NO. 1
On page 1, line 9, after "A." delete the remainder of the line and deleteline 10 and insert the following:
"Terrorizing is the commission of any of the following acts:
(1) The intentional communication of information known by theoffender to be false, that the commission of a crime of"
AMENDMENT NO. 2
On page 1, line 12, change "thereby" to "with the intent of'"
AMENDMENT NO. 3
On page 1, between lines 15 and 16, insert the following:
"(2) The intentional communication of threats of the commissionof crimes of violence against a person or persons, which threats would
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1540
be understood by a reasonable person as involving death or great bodily On motion of Rep. Martiny, the amendments were adopted.harm to one or more persons, with the intent of causing any person toexperience sustained fear for the safety of one or more persons. On motion of Rep. Martiny, the bill, as amended, was ordered
(3) The intentional communication of threats of the commissionof crimes which would result in substantial damage to property, which Under the rules, placed on the regular calendar.threats would be understood by a reasonable person as involving deathor great bodily harm to one or more persons, with the intent of causingany person to experience sustained fear for the safety of one or morepersons."
On motion of Rep. Martiny, the amendments were adopted.
On motion of Rep. Martiny, the bill, as amended, was orderedengrossed and passed to its third reading.
Under the rules, placed on the regular calendar.
HOUSE BILL NO. 2005—BY REPRESENTATIVE KENNARD
AN ACTTo amend and reenact Code of Criminal Procedure Article 734, relative Under the rules, placed on the regular calendar.
to subpoenas in criminal matters; to authorize investigatorsemployed by the district attorney for the Nineteenth JudicialDistrict for East Baton Rouge Parish to serve subpoenas incriminal matters in which the district attorney is involved; and toprovide for related matters.
Read by title.
Reported with amendments by the Committee on Administrationof Criminal Justice.
The committee amendments were read as follows:
HOUSE COMMITTEE AMENDMENTS
Amendments proposed by House Committee on Administration ofCriminal Justice to Original House Bill No. 2005 by RepresentativeKennard
AMENDMENT NO. 1
On page 1, line 4, after "attorney" insert "for the Nineteenth JudicialDistrict for East Baton Rouge Parish"
AMENDMENT NO. 2
On page 1, at the end of line 10, add "for the Nineteenth JudicialDistrict"
AMENDMENT NO. 3
On page 1, line 14, after "attorney" insert "for the Nineteenth JudicialDistrict for East Baton Rouge Parish"
AMENDMENT NO. 4
On page 1, line 15, after "employed by" and before "district" change"the" to "that" and between "are" and "commissioned" insert "P.O.S.T.certified"
AMENDMENT NO. 5
On page 1, at the end of line 17, after the period "." add "Eachinvestigator who serves a subpoena or subpoena duces tecum under theprovisions of this Article shall execute the return of service required byArticle 736."
engrossed and passed to its third reading.
HOUSE BILL NO. 2036—BY REPRESENTATIVE RICHMOND
AN ACTTo enact R.S. 14:89(A)(3), relative to crime against nature; to provide
for exceptions; and to provide for related matters.
Read by title.
Reported favorably by the Committee on Administration ofCriminal Justice.
On motion of Rep. Martiny, the bill was ordered engrossed andpassed to its third reading.
Senate Instruments on Second ReadingReturned from the Legislative Bureau
The following Senate Instruments on second reading, returnedfrom the Legislative Bureau, were taken up and acted upon as follows:
SENATE BILL NO. 623—BY SENATOR HAINKEL
AN ACTTo amend and reenact R.S. 33: 3813.2(D), relative to the Tangipahoa
Water District; to increase the length of the term served bymembers of the board of commissioners; to extend the currentcommissioners' terms by an additional two years; and to providefor related matters.
Read by title.
Reported without amendments by the Legislative Bureau.
On motion of Rep. Powell, the bill was ordered passed to its thirdreading.
Under the rules, placed on the regular calendar.
Suspension of the Rules
On motion of Rep. Daniel, the rules were suspended in order totake up and consider House Bills and Joint Resolutions on ThirdReading and Final Passage at this time.
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:
Regular Calendar
HOUSE BILL NO. 332—BY REPRESENTATIVE PERKINS
A JOINT RESOLUTIONProposing to amend Article VIII, Section 13(B) of the Constitution of
Louisiana, to provide with respect to the funding of education; toauthorize the State Board of Elementary and Secondary Educationto annually develop and propose to the legislature a minimum
Page 15 HOUSE30th Day's Proceedings - May 16, 2001
1541
foundation program formula; to permit the legislature to amend theproposed formula; to provide for submission of the proposed YEASamendment to the electors; and to provide for related matters.
Read by title. Alario Green Pinac
Motion
On motion of Rep. Perkins, the bill was returned to the calendar.
HOUSE BILL NO. 338—BY REPRESENTATIVE DANIEL
AN ACTTo amend and reenact R.S. 9:1151, relative to mineral leases; to provide
for change of ownership of newly created water bottoms affectedby mineral leases or interests; to provide for continuation ofmineral leases on lands or water bottoms affected by subsidence orerosion; and to provide for related matters.
Read by title.
Motion
On motion of Rep. Odinet, the bill was returned to the calendar.
HOUSE BILL NO. 339—BY REPRESENTATIVE DANIEL Donelon McCallum Townsend
AN ACTTo enact Code of Civil Procedure Article 376, relative to expert
witnesses; to provide relative to the immunity of court-appointedexpert witnesses; to provide a limitation of immunity for certainactions; and to provide for related matters.
Read by title.
Motion
On motion of Rep. Odinet, the bill was returned to the calendar.
HOUSE BILL NO. 384—BY REPRESENTATIVE MCMAINS
AN ACTTo repeal Code of Civil Procedure Article 893, relative to pleading
specific monetary damages.
Read by title.
Motion
On motion of Rep. Martiny, the bill was returned to the calendar.
HOUSE BILL NO. 471—BY REPRESENTATIVE GALLOT
AN ACTTo enact R.S. 47:302.51, 322.43, and 332.49, relative to the disposition
of certain sales tax collections in Claiborne Parish; to establish theClaiborne Parish Tourism and Economic Development Fund in thestate treasury; to provide for deposit of monies into the fund; toprovide for uses of monies in the fund; and to provide for relatedmatters.
Read by title.
Rep. McCallum moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:
Mr. Speaker Glover Pierre
Alexander, E Guillory PitreAlexander, R Hammett PowellAnsardi Heaton PrattBaudoin Hebert QuezaireBaylor Hill RiddleBowler Holden RomeroBroome Hopkins SalterBruce Hudson ScaliseBruneau Hunter SchneiderCarter, K Iles SchwegmannCarter, R Jackson, L ShawCazayoux Jackson, M Smith, G.—56thClarkson Johns Smith, J.D.—50thCrane Katz Smith, J.H.—8thCrowe Kennard Smith, J.R.—30thCurtis Kenney SneedDamico LaFleur StellyDaniel Lancaster StrainDartez Landrieu SwillingDevillier LeBlanc ThompsonDiez Martiny Toomy
Downer McDonald TricheDurand McMains TuckerErdey McVea WaddellFarrar Montgomery WalsworthFaucheux Morrell WelchFlavin Morrish WinstonFrith Murray WootonFruge Nevers WrightFutrell OdinetGallot Perkins Total—100
NAYS Total—0
ABSENT
Doerge LucasHutter Richmond Total—4
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
Rep. McCallum moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.
HOUSE BILL NO. 766—BY REPRESENTATIVE FAUCHEUX
AN ACTTo amend and reenact R.S. 47:332.4(B) and to enact R.S. 47:332.4(D),
relative to the disposition of certain collections in St. John theBaptist Parish; and to provide for related matters.
Read by title.
Rep. McCallum moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:
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1542
YEAS
Mr. Speaker Green PierreAlario Guillory PinacAlexander, E Hammett PitreAlexander, R Heaton Powell The roll was called with the following result:Ansardi Hebert PrattBaudoin Hill Quezaire YEASBaylor Holden RichmondBowler Hopkins Riddle Mr. Speaker Gallot PierreBroome Hudson Romero Alario Glover PinacBruce Hunter Salter Alexander, E Green PitreBruneau Iles Scalise Alexander, R Guillory PowellCarter, K Jackson, L Schneider Ansardi Hammett PrattCarter, R Jackson, M Schwegmann Baudoin Heaton QuezaireCazayoux Johns Shaw Baylor Hebert RichmondClarkson Katz Smith, G.—56th Bowler Hill RiddleCrowe Kennard Smith, J.D.—50th Broome Holden RomeroCurtis Kenney Smith, J.H.—8th Bruce Hopkins SalterDamico LaFleur Smith, J.R.—30th Bruneau Hudson ScaliseDaniel Lancaster Sneed Carter, K Hunter SchneiderDartez Landrieu Stelly Carter, R Hutter SchwegmannDevillier LeBlanc Strain Cazayoux Iles ShawDiez Martiny Swilling Clarkson Jackson, L Smith, G.—56thDoerge McCallum Thompson Crane Jackson, M Smith, J.D.—50thDowner McDonald Toomy Crowe Johns Smith, J.H.—8thDurand McMains Townsend Curtis Kennard Smith, J.R.—30thErdey McVea Triche Damico Kenney SneedFarrar Montgomery Tucker Daniel LaFleur StellyFlavin Morrell Waddell Dartez Landrieu StrainFrith Morrish Walsworth Devillier LeBlanc SwillingFruge Murray Welch Diez Martiny ThompsonFutrell Nevers Winston Doerge McCallum ToomyGallot Odinet Wooton Donelon McDonald TownsendGlover Perkins Wright Downer McMains Triche Total—99 Durand McVea Tucker
NAYS Erdey Montgomery Waddell Farrar Morrell Walsworth Total—0 Faucheux Morrish Welch
ABSENT Flavin Murray Winston
Crane Faucheux Lucas Fruge Odinet WrightDonelon Hutter Futrell Perkins Total—5 Total—101
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted. ABSENT
Rep. McCallum moved to reconsider the vote by which the above Katz Lancaster Lucasbill was finally passed, and, on his own motion, the motion to reconsider Total—3was laid on the table.
HOUSE BILL NO. 842—BY REPRESENTATIVE HAMMETT
AN ACTTo enact Chapter 5-H of Title 25 of the Louisiana Revised Statutes of
1950, to be comprised of R.S. 25:380.51 through 380.56, andR.S. 36:744(R) and 801.12, to create the Louisiana Delta MusicMuseum in the Department of State; to provide relative to thegoverning authority of the museum including its composition,powers, duties, responsibilities, meetings, and officers; to providefor the adoption of rules and regulations and fees; to provide for AN ACTreceipt and use of funds and property; to provide relative to the To amend and reenact R.S. 47:322.35(B), relative to the disposition ofauthority of the secretary of state with respect to the museum; to certain sales tax collections in LaSalle Parish; to provide for use ofprovide relative to personnel and budgets of the museum; and to monies in the LaSalle Economic Development District Fund; andprovide for related matters. to provide for related matters.
Read by title.
Rep. Alario moved the final passage of the bill.
ROLL CALL
Frith Nevers Wooton
NAYS
Total—0
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
Rep. Alario moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.
HOUSE BILL NO. 1015—BY REPRESENTATIVE WRIGHT
Page 17 HOUSE30th Day's Proceedings - May 16, 2001
1543
Read by title. rules and regulations related to such procurements; and to provide
Rep. Wright moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. Speaker Gallot PierreAlario Glover Pinac YEASAlexander, E Green PitreAlexander, R Guillory Powell Mr. Speaker Gallot PierreAnsardi Hammett Pratt Alario Glover PinacBaudoin Heaton Quezaire Alexander, E Guillory PitreBaylor Hebert Richmond Alexander, R Hammett PowellBowler Hill Riddle Ansardi Heaton PrattBroome Holden Romero Baudoin Hebert RichmondBruce Hopkins Salter Baylor Hill RiddleBruneau Hunter Scalise Bowler Holden RomeroCarter, K Hutter Schneider Broome Hopkins SalterCarter, R Iles Schwegmann Bruce Hunter ScaliseCazayoux Jackson, L Shaw Bruneau Hutter SchneiderClarkson Jackson, M Smith, G.—56th Carter, K Iles SchwegmannCrane Johns Smith, J.D.—50th Carter, R Jackson, L ShawCrowe Katz Smith, J.H.—8th Cazayoux Jackson, M Smith, G.—56thCurtis Kennard Sneed Clarkson Johns Smith, J.D.—50thDamico Kenney Stelly Crane Katz Smith, J.H.—8thDaniel LaFleur Strain Crowe Kennard Smith, J.R.—30thDartez Lancaster Swilling Damico Kenney SneedDevillier Landrieu Thompson Daniel LaFleur StellyDiez LeBlanc Toomy Dartez Lancaster StrainDoerge Martiny Townsend Devillier Landrieu SwillingDonelon McCallum Triche Diez LeBlanc ThompsonDowner McDonald Tucker Doerge Martiny ToomyDurand McMains Waddell Donelon McCallum TownsendErdey McVea Walsworth Downer McDonald TricheFarrar Montgomery Welch Durand McMains TuckerFaucheux Morrish Winston Erdey McVea WalsworthFlavin Murray Wooton Farrar Montgomery WelchFrith Nevers Wright Faucheux Morrish WinstonFruge Odinet Flavin Murray WootonFutrell Perkins Frith Nevers Wright Total—100 Fruge Odinet
NAYS Futrell Perkins Total—97 Total—0 NAYS
ABSENT
Hudson Morrell ABSENTLucas Smith, J.R.—30th Total—4 Curtis Lucas Waddell
The Chair declared the above bill was finally passed. Hudson Quezaire
The title of the above bill was read and adopted. The Chair declared the above bill was finally passed.
Rep. Wright moved to reconsider the vote by which the above bill The title of the above bill was read and adopted.was finally passed, and, on his own motion, the motion to reconsiderwas laid on the table. Rep. LeBlanc moved to reconsider the vote by which the above bill
HOUSE BILL NO. 1030—BY REPRESENTATIVE LEBLANC
AN ACTTo amend and reenact R.S. 39:1702(A)(2), relative to state
procurement; to authorize public procurements based on federalGeneral Services Administration supply schedules under certaincircumstances; to authorize the central purchasing agency to issue
for related matters.
Read by title.
Rep. LeBlanc moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:
Total—0
Green Morrell
Total—7
was finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.
Page 18 HOUSE30th Day's Proceedings - May 16, 2001
1544
HOUSE BILL NO. 1031— HOUSE BILL NO. 1034—BY REPRESENTATIVE LEBLANC BY REPRESENTATIVE LEBLANC
AN ACT AN ACTTo amend and reenact R.S. 39:1484(A)(18), relative to professional To amend and reenact R.S. 39:1527(1), relative to the state risk
services procurement; to expand the definition of professional management program; to provide that housing authorities are notservices to include services performed by actuaries; to provide for state agencies for purposes of the risk management program; andinclusion of certified advanced practice nurses instead of certified to provide for related matters.registered nurse anesthetists in such definition; and to provide forrelated matters. Read by title.
Read by title.
Rep. LeBlanc moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. Speaker Glover PierreAlario Green PinacAlexander, R Guillory PitreAnsardi Hammett PowellBaudoin Heaton PrattBaylor Hebert QuezaireBowler Hill RichmondBroome Holden RiddleBruce Hopkins RomeroBruneau Hunter SalterCarter, K Hutter ScaliseCarter, R Iles SchneiderCazayoux Jackson, L SchwegmannCrane Jackson, M ShawCrowe Johns Smith, G.—56thCurtis Katz Smith, J.D.—50thDamico Kennard Smith, J.H.—8thDaniel Kenney Smith, J.R.—30thDartez LaFleur SneedDevillier Lancaster StellyDiez Landrieu StrainDoerge LeBlanc SwillingDonelon Martiny ThompsonDowner McCallum ToomyDurand McDonald TownsendErdey McMains TricheFarrar McVea TuckerFaucheux Montgomery WaddellFlavin Morrish WalsworthFrith Murray WelchFruge Nevers WinstonFutrell Odinet WootonGallot Perkins Wright Total—99
NAYS Total—0
ABSENT
Alexander, E Hudson MorrellClarkson Lucas Total—5
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
Rep. LeBlanc moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.
Rep. LeBlanc moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. Speaker Futrell PerkinsAlario Gallot PierreAlexander, E Glover PinacAlexander, R Green PitreAnsardi Guillory PowellBaudoin Hammett PrattBaylor Heaton QuezaireBowler Hebert RichmondBroome Hill RiddleBruce Hopkins RomeroBruneau Hunter SalterCarter, K Hutter ScaliseCarter, R Iles SchneiderCazayoux Jackson, L SchwegmannClarkson Johns ShawCrane Katz Smith, G.—56thCrowe Kennard Smith, J.D.—50thDamico Kenney Smith, J.H.—8thDaniel LaFleur SneedDartez Lancaster StrainDevillier Landrieu SwillingDiez LeBlanc ThompsonDoerge Martiny TownsendDonelon McCallum TricheDowner McDonald TuckerDurand McMains WaddellErdey McVea WalsworthFarrar Montgomery WelchFaucheux Morrish WinstonFlavin Murray WootonFrith Nevers WrightFruge Odinet Total—95
NAYS
Toomy Total—1
ABSENT
Curtis Jackson, M Smith, J.R.—30thHolden Lucas StellyHudson Morrell Total—8
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
Rep. LeBlanc moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.
Page 19 HOUSE30th Day's Proceedings - May 16, 2001
1545
HOUSE BILL NO. 1041—BY REPRESENTATIVE MCMAINS
AN ACTTo amend and reenact Code of Civil Procedure Article 10(A)(1), and
Children's Code Articles 1109, 1117, and 1122(B)(9), and (F)(4)and (5)[Mother's and Father's Surrender Form], relative to adoptionproceedings; to provide relative to jurisdiction over status,domiciliary requirements; to require that surrendering parent or aprospective adoptive parent be domiciled in this state for at leasteight months; to require a declaration in the act of surrender thata surrendering parent or a prospective adoptive parent has beendomiciled in this state for no less than eight months; and to providefor related matters.
Read by title.
Motion
On motion of Rep. McMains, the bill was returned to the calendar.
HOUSE BILL NO. 1183— ABSENTBY REPRESENTATIVE STELLY
AN ACTTo amend and reenact R.S. 39:79(A), 80(A) and (B)(2), and 82(A),
relative to sworn statements and fiscal reporting; to specify certainfinancial information-reporting deadlines; to provide for liquidationof certain obligations after the last day of the fiscal year; and toprovide for related matters.
Read by title.
Motion
On motion of Rep. Stelly, the bill was returned to the calendar.
HOUSE BILL NO. 1276—BY REPRESENTATIVE LEBLANC
AN ACTTo amend and reenact R.S. 39:36(A)(4)(b) and (B)(6) and 37, relative
to the expenditure of state funds; to provide for the form, content,and submission of the executive budget recommendation; and toprovide for related matters.
Read by title.
Rep. LeBlanc moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. Speaker Fruge PerkinsAlario Futrell PierreAlexander, E Gallot PinacAlexander, R Glover PitreAnsardi Green PowellBaudoin Guillory PrattBaylor Hammett QuezaireBowler Heaton RichmondBroome Hebert RiddleBruce Hill RomeroBruneau Holden SalterCarter, K Hopkins ScaliseCarter, R Hunter SchneiderCazayoux Hutter SchwegmannClarkson Iles Smith, G.—56thCrane Jackson, L Smith, J.D.—50th
Crowe Jackson, M Smith, J.H.—8thCurtis Kennard Smith, J.R.—30thDamico Kenney SneedDaniel LaFleur StrainDartez Lancaster SwillingDevillier Landrieu ThompsonDiez LeBlanc ToomyDoerge Martiny TownsendDonelon McCallum TricheDowner McDonald TuckerDurand McVea WaddellErdey Montgomery WelchFarrar Morrish WinstonFaucheux Murray WootonFlavin Nevers WrightFrith Odinet Total—95
NAYS Total—0
Hudson Lucas ShawJohns McMains StellyKatz Morrell Walsworth Total—9
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
Rep. LeBlanc moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.
HOUSE BILL NO. 1322—BY REPRESENTATIVE DANIEL
AN ACTTo amend and reenact R.S. 49:327(C)(3), relative to the investment of
state funds; to authorize the investment in stocks or certain fundsof institutions of higher education or their management boards; toprovide for an effective date; and to provide for related matters.
Read by title.
Motion
On motion of Rep. Daniel, the bill was returned to the calendar.
HOUSE BILL NO. 1331—BY REPRESENTATIVE LEBLANC
AN ACTTo amend and reenact R.S. 39:87.2(B) and (C), 87.3(A)(introductory
paragraph) and (E), and 87.4(A)(3) and to enact R.S. 24:653(J), relative to performance-based budgeting; to authorize the JointLegislative Committee on the Budget to establish a subcommittee for the purposes of performance-based budgeting; to provide forduties of the subcommittee; to provide for the categorization ofperformance data based on inclusion in certain budget documents;to provide for the circumstances under which performance datamay be adjusted during the budget year; to provide for planning,evaluation, and reporting of agency capacity to monitor and reportperformance; and to provide for related matters.
Read by title.
Rep. LeBlanc moved the final passage of the bill.
ROLL CALL
Page 20 HOUSE30th Day's Proceedings - May 16, 2001
1546
The roll was called with the following result:
YEAS
Mr. Speaker Gallot Perkins Legislative Bureau to Engrossed House Bill No. 1386 by RepresentativeAlario Glover Pierre DeWittAlexander, E Green PinacAlexander, R Guillory Pitre AMENDMENT NO. 1Ansardi Hammett PowellBaudoin Heaton Pratt On page 1, line 2, following "Book III of" and before "the" insert "TitleBaylor Hebert Quezaire 9 of"Bowler Hill RichmondBroome Holden Riddle AMENDMENT NO. 2Bruce Hopkins RomeroBruneau Hunter Salter On page 1, line 10, following "of" and before "the Louisiana" insertCarter, K Hutter Scalise "Title 9 of"Cazayoux Iles SchneiderClarkson Jackson, L Schwegmann On motion of Rep. Salter, the amendments were adopted.Crane Jackson, M Smith, G.—56thCrowe Johns Smith, J.D.—50th Rep. Johns sent up floor amendments which were read as follows:Curtis Kennard Smith, J.H.—8thDamico Kenney Smith, J.R.—30thDaniel LaFleur SneedDartez Lancaster Stelly Amendments proposed by Representative DeWitt to Engrossed HouseDevillier Landrieu Strain Bill No. 1386 by Representative DeWittDiez LeBlanc ThompsonDoerge Martiny Toomy AMENDMENT NO. 1Downer McCallum TownsendDurand McDonald Triche On page 1, line 16, after "for" and before the colon ":" insert "either ofErdey McMains Tucker the following"Farrar McVea WaddellFaucheux Montgomery Walsworth AMENDMENT NO. 2Flavin Morrish WelchFrith Murray Winston On page 2, line 3, after "therewith" change the semicolon ";" to a periodFruge Nevers Wooton "." and delete "or"Futrell Odinet Wright Total—96 AMENDMENT NO. 3
NAYS On page 2, line 4, change "specific" to "specified" Total—0
ABSENT AMENDMENT NO. 4
Carter, R Katz Shaw On page 2, line 16, change "must" to "shall"Donelon Lucas SwillingHudson Morrell AMENDMENT NO. 5 Total—8
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
Rep. LeBlanc moved to reconsider the vote by which the above bill the following"was finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.
HOUSE BILL NO. 1386—BY REPRESENTATIVE DEWITT AND SENATOR MCPHERSON
AN ACTTo enact Part I-A of Chapter 1 of Code Title XXI of Code Book III of
the Louisiana Revised Statutes of 1950, to be comprised of R.S.9:4511 through 4513, relative to liens and privileges; to providefor privileges for the storage and repair of aircraft; to providerelative to rights and remedies; to provide for notice of privilege;and to provide for related matters.
Read by title.
Rep. Salter, on behalf of the Legislative Bureau, sent up flooramendments which were read as follows:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative Salter on behalf of the
HOUSE FLOOR AMENDMENTS
On page 3, line 26, change "holders" to "holder"
AMENDMENT NO. 6
On page 4, line 11, after "for" and before the colon ":" insert "either of
Page 21 HOUSE30th Day's Proceedings - May 16, 2001
1547
AMENDMENT NO. 7 The title of the above bill was read and adopted.
On page 4, line 12, after "storage" change the semicolon ";" to a period Rep. Johns moved to reconsider the vote by which the above bill"." and delete "or" was finally passed, and, on his own motion, the motion to reconsider
AMENDMENT NO. 8
On page 4, delete lines 13 and 14 in their entirety and insert thefollowing:
"(2) If no amount was specified by contract, the reasonable andusual compensation for the storage."
AMENDMENT NO. 9
On page 4, line 18, change "cost" to "costs"
On motion of Rep. Johns, the amendments were adopted.
Rep. Johns moved the final passage of the bill, as amended.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. Speaker Gallot PierreAlario Glover PinacAlexander, E Green PitreAlexander, R Guillory PowellAnsardi Hammett PrattBaudoin Heaton QuezaireBaylor Hebert RichmondBowler Hill RiddleBroome Holden RomeroBruce Hopkins SalterBruneau Hunter ScaliseCarter, K Hutter SchneiderCarter, R Iles SchwegmannCazayoux Jackson, L ShawClarkson Jackson, M Smith, G.—56thCrane Johns Smith, J.D.—50thCrowe Katz Smith, J.H.—8thCurtis Kennard Smith, J.R.—30thDamico Kenney SneedDaniel LaFleur StellyDartez Lancaster StrainDevillier Landrieu SwillingDiez LeBlanc ThompsonDoerge Martiny ToomyDonelon McCallum TownsendDowner McDonald TricheDurand McMains TuckerErdey McVea WaddellFarrar Montgomery WalsworthFaucheux Morrish WelchFlavin Murray WinstonFrith Nevers WootonFruge Odinet WrightFutrell Perkins Total—101
NAYS Total—0
ABSENT
Hudson Lucas Morrell Total—3
The Chair declared the above bill was finally passed.
was laid on the table.
HOUSE BILL NO. 1398—BY REPRESENTATIVES CLARKSON, MCMAINS, AND SCHWEGMANNAND SENATORS ELLINGTON AND SCHEDLER
AN ACTTo amend and reenact R.S. 9:311, 312, Subpart A of Part I-A of
Chapter 1 of Code Title V of Code Book I of Title 9 of theLouisiana Revised Statutes of 1950 formerly consisting of R.S.9:315 through 315.15, to be comprised of R.S. 9:315 through315.20, 315.22(C), and 374(A) and (B) and Civil Code Article142 and to repeal R.S. 9:337, relative to child support; to providefor guidelines for determining the amount of child support andeconomic data and principles upon which the guidelines are based;to provide for definitions; to provide for the addition of healthinsurance premiums, extraordinary medical expenses, and otherextraordinary expenses to the basic obligation; to provide fordeductions for income of the child; to provide for the calculationof total child support obligation; to provide worksheets; to providethe effect of joint and shared custodial arrangement; to provide forthe effect of split custodial arrangement; to provide for avoluntarily unemployed or underemployed party; to provide forsecond jobs and overtime; to provide for amounts not set forth inor exceeding schedule; to provide a mandatory minimum childsupport award; to provide a review of guidelines; to provide for astandard of appellate review; to provide a schedule of childsupport; to provide for the termination of child support uponmajority or emancipation; to provide for possession and use of thefamily residence; to provide for the modification or termination ofchild support award; and to provide for related matters.
Read by title.
Motion
On motion of Rep. Clarkson, the bill was returned to the calendar.
HOUSE BILL NO. 1442—BY REPRESENTATIVES LEBLANC, DEWITT, AND WINSTON
AN ACTTo enact Subpart E of Part II of Chapter 1 of Subtitle I of Title 39 of the
Louisiana Revised Statutes of 1950, to be comprised of R.S.39:88.1 through 88.4; to establish a collection policy andprocedure for use by state agencies to assist in the collection ofobligations due to the state; to provide for an effective date; and toprovide for related matters.
Read by title.
Rep. LeBlanc moved the final passage of the bill, as amended.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. Speaker Gallot PinacAlario Green PitreAlexander, E Guillory PowellAlexander, R Hammett PrattAnsardi Hebert QuezaireBaudoin Hill RichmondBaylor Hopkins RiddleBowler Hunter Romero
Page 22 HOUSE30th Day's Proceedings - May 16, 2001
1548
Broome Hutter Salter AMENDMENT NO. 2Bruce Iles ScaliseBruneau Jackson, L Schneider On page 1, line 4, after "1180(C)" and before the comma "," insert "andCarter, K Jackson, M Schwegmann R.S. 46:1402.1"Cazayoux Johns ShawClarkson Katz Smith, G.—56th AMENDMENT NO. 3Crane Kennard Smith, J.D.—50thCrowe Kenney Smith, J.H.—8th On page 5, line 14, change "46:1402 is hereby amended and reenacted"Curtis LaFleur Smith, J.R.—30th to "46:1402.1 is hereby enacted"Damico Lancaster SneedDaniel Landrieu Stelly AMENDMENT NO. 4Dartez LeBlanc StrainDevillier Lucas Swilling On page 5, delete lines 16 through 26 in their entirety and insert theDiez Martiny Thompson following:Doerge McCallum ToomyDonelon McDonald Townsend "§1402.1. Licensing; prohibition of conflict of interestDowner McMains TricheDurand McVea Tucker All licenses issued to child care facilities and child-placing facilitiesErdey Montgomery Waddell pursuant to this Chapter shall specify that the facility shall not enter intoFarrar Morrish Walsworth any contract or engage in any activities in conflict with their duties toFaucheux Murray Welch the mothers, fathers, and children that they are licensed to serve."Flavin Nevers WinstonFrith Odinet Wooton AMENDMENT NO. 5Fruge Perkins WrightFutrell Pierre On page 6, delete lines 1 through 11 in their entirety Total—98
NAYS On motion of Rep. McMains, the amendments were adopted. Total—0 Rep. McMains sent up floor amendments which were read as
ABSENT follows:
Carter, R Heaton HudsonGlover Holden Morrell Total—6 Amendments proposed by Representative McMains to Engrossed
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
Rep. LeBlanc moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsider "However, the primary consideration shall be, and the court shall acceptwas laid on the table. evidence concerning, the best interests of the child."
HOUSE BILL NO. 1602—BY REPRESENTATIVE MCMAINS
AN ACTTo amend and reenact Children's Code Articles 1124(B) and (C),
1137(D), 1138(C) and (E), and 1139(A) and R.S. 46:1402 and toenact Children's Code Article 1180(C), relative to adoptions; toprovide for service of notice of opposition to adoption; to providefor the presentation of evidence; to provide for the form of certainaffidavits; to provide for the jurisdiction for adoption proceedings;to provide relative to conflict of interests; and to provide for relatedmatters.
Read by title.
Rep. McMains sent up floor amendments which were read asfollows:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative McMains to EngrossedHouse Bill No. 1602 by Representative McMains
AMENDMENT NO. 1
On page 1, line 3, after "1139(A)" and before "and to" delete "and R.S.46:1402"
HOUSE FLOOR AMENDMENTS
House Bill No. 1602 by Representatives McMains and Strain
AMENDMENT NO. 1
On page 4, at the end of line 9, after the period "." add the following:
On motion of Rep. McMains, the amendments were adopted.
Rep. McMains moved the final passage of the bill, as amended.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. Speaker Gallot PerkinsAlario Glover PierreAlexander, E Green PinacAlexander, R Hammett PitreAnsardi Heaton PowellBaudoin Hebert PrattBaylor Hill QuezaireBowler Holden RichmondBroome Hopkins RiddleBruce Hudson RomeroBruneau Hunter SalterCarter, K Hutter ScaliseCarter, R Iles SchneiderCazayoux Jackson, L SchwegmannClarkson Jackson, M ShawCrane Johns Smith, G.—56th
Page 23 HOUSE30th Day's Proceedings - May 16, 2001
1549
Crowe Katz Smith, J.D.—50th Bruneau Hunter RomeroCurtis Kennard Smith, J.H.—8th Carter, K Hutter SalterDamico Kenney Smith, J.R.—30th Carter, R Iles ScaliseDaniel LaFleur Sneed Cazayoux Jackson, L SchneiderDartez Lancaster Stelly Clarkson Jackson, M SchwegmannDevillier Landrieu Strain Crane Johns ShawDiez LeBlanc Swilling Crowe Katz Smith, G.—56thDoerge Lucas Thompson Curtis Kennard Smith, J.D.—50thDonelon McCallum Toomy Damico Kenney Smith, J.H.—8thDowner McDonald Townsend Daniel LaFleur Smith, J.R.—30thDurand McMains Triche Dartez Lancaster SneedErdey McVea Tucker Devillier Landrieu StellyFarrar Montgomery Waddell Diez LeBlanc StrainFaucheux Morrell Walsworth Doerge Lucas SwillingFlavin Morrish Welch Donelon Martiny ToomyFrith Murray Winston Downer McCallum TownsendFruge Nevers Wooton Durand McDonald TricheFutrell Odinet Wright Farrar McMains Tucker Total—102 Faucheux McVea Waddell
NAYS Flavin Montgomery Walsworth Frith Morrell Welch Total—0 Fruge Morrish Winston
ABSENT Futrell Murray Wooton
Guillory Martiny Total—102 Total—2 NAYS
The Chair declared the above bill was finally passed. Total—0
The title of the above bill was read and adopted.
Rep. McMains moved to reconsider the vote by which the above Total—2bill was finally passed, and, on his own motion, the motion to reconsiderwas laid on the table. The Chair declared the above bill was finally passed.
HOUSE BILL NO. 1640—BY REPRESENTATIVE LEBLANC
AN ACTTo amend and reenact Part VII of Chapter 1 of Subtitle 1 of Title 39 of
the Louisiana Revised Statutes of 1950, comprised of R.S. 39:251through 257, relative to the operation of state buildings; to providefor an energy management policy to minimize energy costs andconsumption; to require that such policy be used by the agenciesof state government; to require the development of energy AN ACTmanagement plans for each agency; to require reporting relative to To amend and reenact R.S. 39:82(A), 87.4(A)(1) and (3) and (D)(3),such plans; to authorize the retention of certain monies associated and 352 and to enact R.S. 39:87.5, relative to governmentwith savings in expenses related to energy use; and to provide for performance; to provide for an incentive reward program relatedrelated matters. to efficiency in state operations and performance; to provide for
Read by title. to provide for limitations on and methods for the provision of such
Rep. LeBlanc moved the final passage of the bill. provide for deposit and use of monies in the fund; to provide for
ROLL CALL
The roll was called with the following result: of State Civil Service; to authorize rewards for certain state
YEAS date; and to provide for related matters.
Mr. Speaker Glover Odinet Read by title.Alario Green PerkinsAlexander, E Guillory Pierre Rep. Salter, on behalf of the Legislative Bureau, sent up floorAlexander, R Hammett Pinac amendments which were read as follows:Ansardi Heaton PitreBaudoin Hebert PowellBaylor Hill PrattBowler Holden Quezaire Amendments proposed by Representative Salter on behalf of theBroome Hopkins Richmond Legislative Bureau to Engrossed House Bill No. 1652 by RepresentativeBruce Hudson Riddle LeBlanc
Gallot Nevers Wright
ABSENT
Erdey Thompson
The title of the above bill was read and adopted.
Rep. LeBlanc moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.
HOUSE BILL NO. 1652—BY REPRESENTATIVES LEBLANC, PITRE, JOHN SMITH, AND WINSTON
eligibility, determination, and requirements for receipt of rewards;
rewards; to establish the "Incentive Fund" in the state treasury; to
use of unexpended, unencumbered monies remaining in the fundat the end of the fiscal year; to require the development of a modelplan for the purposes of the incentive program by the Department
employees under certain circumstances; to provide for an effective
HOUSE FLOOR AMENDMENTS
Page 24 HOUSE30th Day's Proceedings - May 16, 2001
1550
AMENDMENT NO. 1 Futrell Nevers Wright
On page 7, line 9, following "may" and before "recommendations" Glover Perkinschange "only consider" to "consider only those" Total—103
AMENDMENT NO. 2
On page 7, line 21, following "award" and before "materially" change"is" to "are"
On motion of Rep. Salter, the amendments were adopted.
Motion
On motion of Rep. LeBlanc, the bill, as amended, was returned tothe calendar.
HOUSE BILL NO. 1665—BY REPRESENTATIVE LEBLANC
AN ACTTo amend and reenact R.S. 39:2(27) and 75(A) and to enact R.S.
39:2(11.1), relative to the elimination of a projected or actualdeficit; to define projected deficit and a deficit; to provide relativeto the budget status report and its contents; to provide for theelimination of a projected deficit in a fund or a deficit in a fund;and to provide for related matters.
Read by title.
Rep. LeBlanc moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. Speaker Green PierreAlario Guillory PinacAlexander, E Hammett PitreAlexander, R Heaton PowellAnsardi Hebert PrattBaudoin Hill QuezaireBaylor Holden RichmondBowler Hopkins RiddleBroome Hudson RomeroBruce Hunter SalterBruneau Hutter ScaliseCarter, K Iles SchneiderCarter, R Jackson, L SchwegmannCazayoux Jackson, M ShawClarkson Johns Smith, G.—56thCrane Katz Smith, J.D.—50thCrowe Kennard Smith, J.H.—8thCurtis Kenney Smith, J.R.—30thDamico LaFleur SneedDaniel Lancaster StellyDartez Landrieu StrainDevillier LeBlanc SwillingDiez Lucas ThompsonDoerge Martiny ToomyDonelon McCallum TownsendDowner McDonald TricheDurand McMains TuckerErdey McVea WaddellFaucheux Montgomery WalsworthFlavin Morrell WelchFrith Morrish Winston
Fruge Murray Wooton
Gallot Odinet
NAYS
Total—0ABSENT
Farrar Total—1
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
Rep. LeBlanc moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.
HOUSE BILL NO. 1833—BY REPRESENTATIVE BRUNEAU
AN ACTTo amend and reenact R.S. 38:2251(C)(6) and R.S. 39:1595(C)(6),
relative to the preference for products produced or manufacturedin Louisiana in accordance with the Public Bid Law; provides forthe definition of manufacturing or converting of paper and paperproducts; and to provide for related matters.
Read by title.
Motion
On motion of Rep. Bruneau, the bill was returned to the calendar.
HOUSE BILL NO. 1898—BY REPRESENTATIVE NEVERS
AN ACTTo enact Code of Civil Procedure Article 3601.1, relative to injunctive
relief; to prohibit the issuance of temporary restraining ordersrelative to interscholastic athletic contests; to provide for a hearingon a preliminary injunction relative to interscholastic athleticcontests; and to provide for related matters.
Read by title.
Motion
On motion of Rep. Nevers, the bill was returned to the calendar.
HOUSE BILL NO. 1833—BY REPRESENTATIVE BRUNEAU
AN ACTTo amend and reenact R.S. 38:2251(C)(6) and R.S. 39:1595(C)(6),
relative to the preference for products produced or manufacturedin Louisiana in accordance with the Public Bid Law; provides forthe definition of manufacturing or converting of paper and paperproducts; and to provide for related matters.
Called from the calendar.
Read by title.
Rep. Bruneau moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:
Page 25 HOUSE30th Day's Proceedings - May 16, 2001
1551
YEAS
Mr. Speaker Futrell MurrayAlario Gallot Nevers Mr. Speaker Green PerkinsAlexander, E Glover Odinet Alario Guillory PierreAlexander, R Green Perkins Alexander, E Hammett PinacAnsardi Guillory Pierre Alexander, R Heaton PitreBaudoin Hammett Pinac Ansardi Hebert PowellBaylor Heaton Pitre Baudoin Hill PrattBowler Hebert Powell Baylor Holden QuezaireBroome Hill Pratt Bowler Hopkins RichmondBruce Holden Quezaire Broome Hudson RiddleBruneau Hopkins Richmond Bruce Hunter RomeroCarter, K Hudson Riddle Bruneau Hutter SalterCarter, R Hunter Romero Carter, K Iles ScaliseCazayoux Hutter Salter Carter, R Jackson, L SchneiderClarkson Iles Schneider Cazayoux Jackson, M SchwegmannCrane Jackson, L Schwegmann Clarkson Johns ShawCrowe Johns Shaw Crane Katz Smith, G.—56thCurtis Katz Smith, G.—56th Damico Kennard Smith, J.D.—50thDamico Kennard Smith, J.D.—50th Daniel Kenney Smith, J.H.—8thDaniel Kenney Smith, J.H.—8th Dartez LaFleur Smith, J.R.—30thDartez LaFleur Smith, J.R.—30th Devillier Lancaster SneedDevillier Lancaster Sneed Diez Landrieu StellyDiez Landrieu Stelly Doerge LeBlanc StrainDoerge LeBlanc Strain Donelon Lucas SwillingDonelon Lucas Thompson Downer Martiny ThompsonDowner Martiny Toomy Durand McCallum ToomyDurand McCallum Townsend Erdey McDonald TownsendErdey McDonald Triche Farrar McMains TricheFarrar McMains Waddell Faucheux McVea WaddellFaucheux McVea Walsworth Flavin Montgomery WalsworthFlavin Montgomery Welch Frith Morrell WelchFrith Morrell Wooton Fruge Morrish WinstonFruge Morrish Wright Futrell Murray Wooton Total—99 Gallot Nevers Wright
NAYS Glover Odinet Total—101 Total—0 NAYS
ABSENT
Jackson, M Swilling Winston ABSENTScalise Tucker Total—5 Crowe Curtis Tucker
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
Rep. Bruneau moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion to reconsider Rep. Michael Jackson moved to reconsider the vote by which thewas laid on the table. above bill was finally passed, and, on his own motion, the motion to
HOUSE BILL NO. 1899—BY REPRESENTATIVE M. JACKSON
AN ACTTo amend and reenact Code of Evidence Article 1001(5) and 1003 and AN ACT
R.S. 13:3733(A), (B), and (D)(introductory paragraph) and to To amend and reenact R.S. 39:51(D) and to enact R.S. 39:51(E),enact Code of Evidence Article 1001(6), relative to evidence; to relative to the state operating budget; to require the commissionerprovide for definitions; to provide for certain business records; to of administration to provide certain information on employeeprovide for the admissibility of certain electronically imaged positions and costs contained in the General Appropriation Bill torecords; and to provide for related matters. the House Committee on Appropriations; to provide for an
Read by title.
Rep. Michael Jackson moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Total—0
Total—3
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
reconsider was laid on the table.
HOUSE BILL NO. 1916—BY REPRESENTATIVE FRUGE
effective date; and to provide for related matters.
Read by title.
Rep. Riddle sent up floor amendments which were read as follows:
Page 26 HOUSE30th Day's Proceedings - May 16, 2001
1552
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative Riddle to Engrossed House Total—99Bill No. 1916 by Representative Fruge NAYS
AMENDMENT NO. 1 Total—0
On page 1, line 6, after "Appropriations" and before "to provide" insert:"to require approval of the Joint Legislative Committee on the Budget Alexander, R Kennard Tuckerfor certain additions of employee positions or increases in employee Daniel Morrellcompensation for certain positions;" Total—5
AMENDMENT NO. 2 The Chair declared the above bill was finally passed.
On page 1, line 13, change "D." to "D.(1)" The title of the above bill was read and adopted.
AMENDMENT NO. 3 Rep. Riddle moved to reconsider the vote by which the above bill
On page 2, between lines 4 and 5, insert: was laid on the table.
"(2) Notwithstanding any other provision of law to the contrary,after passage of the General Appropriation Act or AncillaryAppropriation Act, the addition of any new appointed unclassifiedposition or any increase in salary for any appointed unclassified positionwhich exceeds four percent of the amount reported for such position asprovided in Subsection A of this Section shall require approval of theJoint Legislative Committee on the Budget."
On motion of Rep. Riddle, the amendments were adopted.
Rep. Riddle moved the final passage of the bill, as amended.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. Speaker Glover PerkinsAlario Green PierreAlexander, E Guillory PinacAnsardi Hammett PitreBaudoin Heaton PowellBaylor Hebert PrattBowler Hill QuezaireBroome Holden RichmondBruce Hopkins RiddleBruneau Hudson RomeroCarter, K Hunter SalterCarter, R Hutter ScaliseCazayoux Iles SchneiderClarkson Jackson, L SchwegmannCrane Jackson, M ShawCrowe Johns Smith, G.—56thCurtis Katz Smith, J.D.—50thDamico Kenney Smith, J.H.—8thDartez LaFleur Smith, J.R.—30thDevillier Lancaster SneedDiez Landrieu StellyDoerge LeBlanc StrainDonelon Lucas SwillingDowner Martiny ThompsonDurand McCallum ToomyErdey McDonald TownsendFarrar McMains TricheFaucheux McVea WaddellFlavin Montgomery WalsworthFrith Morrish WelchFruge Murray Winston
Futrell Nevers WootonGallot Odinet Wright
ABSENT
was finally passed, and, on his own motion, the motion to reconsider
HOUSE BILL NO. 1917—BY REPRESENTATIVES QUEZAIRE AND DANIEL
AN ACTTo amend and reenact R.S. 9:2795(A)(1) and (3), and (E)(2)(a) through
(c), relative to civil liability; to provide for limitation of liability ofcertain public parks; and to provide for related matters.
Read by title.
Rep. McMains moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. Speaker Glover PerkinsAlario Green PierreAlexander, E Guillory PinacAlexander, R Hammett PitreAnsardi Heaton PowellBaudoin Hebert PrattBaylor Hill QuezaireBowler Holden RichmondBroome Hopkins RiddleBruce Hudson RomeroBruneau Hunter SalterCarter, K Hutter ScaliseCarter, R Iles SchneiderCazayoux Jackson, L SchwegmannClarkson Jackson, M ShawCrane Johns Smith, G.—56thCrowe Katz Smith, J.D.—50thCurtis Kennard Smith, J.H.—8thDamico Kenney Smith, J.R.—30thDaniel LaFleur SneedDartez Lancaster StellyDevillier Landrieu StrainDiez LeBlanc SwillingDoerge Lucas ThompsonDonelon Martiny ToomyDowner McCallum TownsendDurand McDonald TricheErdey McMains WaddellFarrar McVea WalsworthFaucheux Montgomery WelchFlavin Morrell WinstonFrith Morrish Wooton
Page 27 HOUSE30th Day's Proceedings - May 16, 2001
1553
Fruge Murray Wright Frith Morrish WinstonFutrell Nevers Fruge Murray WootonGallot Odinet Futrell Nevers Wright Total—103 Gallot Odinet
NAYS Total—101 NAYS Total—0
ABSENT Total—0
Tucker Total—1 Faucheux Lucas Stelly
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
Rep. McMains moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion to reconsider Rep. Downer moved to reconsider the vote by which the above billwas laid on the table. was finally passed, and, on his own motion, the motion to reconsider
HOUSE BILL NO. 1920—BY REPRESENTATIVE DOWNER
AN ACTTo amend and reenact R.S. 48:252(L) and to enact R.S. 38:2212.6 and AN ACT
R.S. 39:1594.3, relative to procurement of materials and supplies To amend and reenact R.S. 56:1691(C) and (D), to repeal R.S.by public entities; to authorize public entities to reject any bid for 56:1691(B)(3), (E), (F), and (G), and to repeal R.S. 56:1691materials and supplies manufactured or produced in the People's effective July 1, 2002, relative to monies in the State Parks LandRepublic of China; and to provide for related matters. Acquisition Trust Fund; to provide for the investment and use of
Read by title. fund for certain promotional activities related to state parks and
Rep. Downer moved the final passage of the bill. to provide for related matters.
ROLL CALL
The roll was called with the following result: Rep. LeBlanc moved the final passage of the bill.
YEAS
Mr. Speaker Glover Perkins The roll was called with the following result:Alario Green PierreAlexander, E Guillory Pinac YEASAlexander, R Hammett PitreAnsardi Heaton Powell Mr. Speaker Green PerkinsBaudoin Hebert Pratt Alario Hammett PinacBaylor Hill Quezaire Alexander, E Hebert PitreBowler Holden Richmond Alexander, R Hill PowellBroome Hopkins Riddle Ansardi Holden QuezaireBruce Hudson Romero Baylor Hopkins RichmondBruneau Hunter Salter Bowler Hudson RiddleCarter, K Hutter Scalise Bruce Hunter SalterCarter, R Iles Schneider Bruneau Hutter ScaliseCazayoux Jackson, L Schwegmann Carter, K Iles SchneiderClarkson Jackson, M Shaw Carter, R Jackson, L SchwegmannCrane Johns Smith, G.—56th Cazayoux Jackson, M ShawCrowe Katz Smith, J.D.—50th Clarkson Johns Smith, G.—56thCurtis Kennard Smith, J.H.—8th Crane Katz Smith, J.D.—50thDamico Kenney Smith, J.R.—30th Crowe Kennard Smith, J.H.—8thDaniel LaFleur Sneed Damico Kenney Smith, J.R.—30thDartez Lancaster Strain Dartez LaFleur SneedDevillier Landrieu Swilling Devillier Lancaster StellyDiez LeBlanc Thompson Diez Landrieu StrainDoerge Martiny Toomy Doerge LeBlanc SwillingDonelon McCallum Townsend Donelon Martiny ThompsonDowner McDonald Triche Downer McCallum ToomyDurand McMains Tucker Durand McDonald TownsendErdey McVea Waddell Erdey McMains TricheFarrar Montgomery Walsworth Farrar McVea WaddellFlavin Morrell Welch Faucheux Montgomery Walsworth
ABSENT
Total—3
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
was laid on the table.
HOUSE BILL NO. 1957—BY REPRESENTATIVE LEBLANC
monies deposited in the fund; to authorize use of monies in the
outdoor recreational activities; to provide for effective dates; and
Read by title.
ROLL CALL
Page 28 HOUSE30th Day's Proceedings - May 16, 2001
1554
Flavin Morrell Winston AMENDMENT NO. 2Fruge Murray WootonFutrell Nevers Wright On page 2, delete lines 4 through 15 in their entirety and insert theGallot Odinet following: Total—89
NAYS "* * *"
Total—0 On motion of Rep. Durand, the amendments were adopted.ABSENT
Baudoin Glover PierreBroome Guillory PrattCurtis Heaton RomeroDaniel Lucas Tucker The roll was called with the following result:Frith Morrish Welch Total—15 YEAS
The Chair declared the above bill was finally passed. Mr. Speaker Glover Pinac
The title of the above bill was read and adopted. Alexander, E Hammett Powell
Rep. LeBlanc moved to reconsider the vote by which the above bill Ansardi Hebert Quezairewas finally passed, and, on his own motion, the motion to reconsider Baudoin Hill Richmondwas laid on the table. Baylor Holden Riddle
HOUSE BILL NO. 1981—BY REPRESENTATIVE DURAND
AN ACTTo amend and reenact R.S. 47:302.27, relative to the state sales tax on
hotel occupancy in St. Martin Parish; to dedicate a portion of thetax to the St. Martin Parish Enterprise Fund; to provide for aneffective date; and to provide for related matters.
Read by title.
Rep. Durand sent up floor amendments which were read asfollows:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative Durand to Engrossed HouseBill No.1981 by Representative Durand
AMENDMENT NO. 1
On page 1, lines 2 and 7, change "R.S. 47:302.27" to "R.S.47:302.27(A)"
Rep. Durand moved the final passage of the bill, as amended.
ROLL CALL
Alario Green Pitre
Alexander, R Heaton Pratt
Bowler Hopkins RomeroBroome Hudson SalterBruce Hunter ScaliseBruneau Hutter SchneiderCarter, K Iles SchwegmannCarter, R Jackson, L ShawCazayoux Jackson, M Smith, G.—56thClarkson Johns Smith, J.D.—50thCrane Katz Smith, J.H.—8thCrowe Kennard Smith, J.R.—30thDamico Kenney SneedDartez LaFleur StellyDevillier Lancaster StrainDiez Landrieu SwillingDoerge LeBlanc ThompsonDonelon Lucas ToomyDowner McCallum TownsendDurand McDonald TricheErdey McMains TuckerFarrar McVea WaddellFaucheux Montgomery WalsworthFlavin Morrell WelchFrith Murray WinstonFruge Nevers WootonFutrell Odinet WrightGallot Perkins Total—98
NAYS Total—0
ABSENT
Curtis Guillory MorrishDaniel Martiny Pierre Total—6
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
Rep. Durand moved to reconsider the vote by which the above billwas finally passed, and, on her own motion, the motion to reconsiderwas laid on the table.
Page 29 HOUSE30th Day's Proceedings - May 16, 2001
1555
HOUSE BILL NO. 2060 (Substitute for House Bill No. 1163 byRepresentative Guillory)—BY REPRESENTATIVE GUILLORY
AN ACTTo amend and reenact R.S. 33:4699.1(A) and (B), relative to certain
public property in the city of Lake Charles; to provide relative tothe use of certain property; to authorize the use of the property forcommercial or profit-oriented projects; to authorize the lease ofsuch property; to authorize the use of certain property for certaingaming activities subject to voter approval; to provide conditionsand restrictions; and to provide for related matters.
Read by title.
Motion
On motion of Rep. Guillory, the bill was returned to the calendar.
HOUSE BILL NO. 2061 (Substitute for House Bill No. 1647 by Futrell OdinetRepresentative Hebert)— Total—101BY REPRESENTATIVE HEBERT
AN ACTTo amend and reenact R.S. 26:2(7) and to enact R.S. 26:77.1 and
277.1, relative to alcoholic beverages; to provide for noticerequirements for manufacturer's permit applications; to define"liquor manufacturer"; to prohibit certain transactions without aliquor manufacturer's permit; and to provide for related matters.
Read by title.
Motion
On motion of Rep. Hebert, the bill was returned to the calendar.
HOUSE BILL NO. 2062 (Substitute for House Bill No. 1699 byRepresentative Schwegmann)—BY REPRESENTATIVE SCHWEGMANN
AN ACTTo enact R.S. 3:2364 and R.S. 36:4(V), relative to animals; to provide
definitions; to create the Louisiana Animal Welfare Commission;to provide for membership of the commission; to provide for thepower and authority of the commission; to create the LouisianaAnimal Welfare Fund; and to provide for related matters.
Read by title.
Rep. Schwegmann moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. Speaker Gallot PerkinsAlario Glover PierreAlexander, E Green PinacAlexander, R Guillory PitreAnsardi Hammett PowellBaudoin Heaton PrattBaylor Hebert QuezaireBowler Hill RichmondBroome Holden RiddleBruce Hopkins RomeroBruneau Hudson SalterCarter, K Hunter ScaliseCarter, R Hutter SchneiderCazayoux Iles SchwegmannClarkson Jackson, L Shaw
Crane Jackson, M Smith, J.D.—50thCrowe Johns Smith, J.H.—8thCurtis Katz Smith, J.R.—30thDamico Kennard SneedDaniel Kenney StellyDartez LaFleur StrainDevillier Lancaster SwillingDiez Landrieu ThompsonDoerge LeBlanc ToomyDonelon Lucas TownsendDowner McCallum TricheDurand McDonald TuckerErdey McMains WaddellFarrar McVea WalsworthFaucheux Montgomery WelchFlavin Morrell WinstonFrith Murray WootonFruge Nevers Wright
NAYS Total—0
ABSENT
Martiny Morrish Smith, G.—56th Total—3
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
Rep. Schwegmann moved to reconsider the vote by which theabove bill was finally passed, and, on her own motion, the motion toreconsider was laid on the table.
HOUSE BILL NO. 2063 (Substitute for House Bill No. 1846 byRepresentative Thompson)—BY REPRESENTATIVE THOMPSON
AN ACTTo amend and reenact R.S. 26:2(8) through (18) and to enact R.S.
26:2(19) and 71(A)(5), relative to the Alcoholic Beverage ControlLaw; to provide for "liquor retail distribution centers"; to providefor permits and fees; and to provide for related matters.
Read by title.
Rep. Thompson moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. Speaker Green PerkinsAlario Guillory PierreAlexander, E Hammett PinacAlexander, R Heaton PitreAnsardi Hebert PowellBaudoin Hill PrattBaylor Holden QuezaireBowler Hopkins RichmondBroome Hudson RiddleBruce Hunter RomeroBruneau Hutter SalterCarter, K Iles ScaliseCazayoux Jackson, L SchwegmannClarkson Jackson, M Shaw
Page 30 HOUSE30th Day's Proceedings - May 16, 2001
1556
Crane Johns Smith, G.—56th Carter, K Iles SchneiderCrowe Katz Smith, J.D.—50th Carter, R Jackson, L SchwegmannCurtis Kennard Smith, J.H.—8th Cazayoux Jackson, M ShawDamico Kenney Smith, J.R.—30th Clarkson Johns Smith, G.—56thDaniel LaFleur Sneed Crane Katz Smith, J.D.—50thDartez Lancaster Stelly Crowe Kennard Smith, J.H.—8thDevillier Landrieu Strain Curtis Kenney Smith, J.R.—30thDiez LeBlanc Swilling Damico LaFleur SneedDoerge Lucas Thompson Daniel Lancaster StellyDonelon Martiny Toomy Devillier Landrieu StrainDowner McCallum Townsend Diez LeBlanc SwillingErdey McDonald Triche Donelon Lucas ThompsonFarrar McMains Tucker Downer Martiny ToomyFaucheux McVea Waddell Durand McCallum TownsendFlavin Montgomery Walsworth Erdey McDonald TricheFrith Morrell Welch Farrar McMains TuckerFruge Morrish Winston Faucheux McVea WaddellFutrell Murray Wright Flavin Montgomery WalsworthGallot Nevers Frith Morrell WelchGlover Odinet Fruge Murray Winston Total—100 Futrell Nevers Wooton
NAYS Gallot Odinet Wright
Schneider Green Pierre Total—1 Total—100
ABSENT NAYS
Carter, R Durand Wooton Alexander, E Dartez Total—3 Total—2
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted. Total—2
Rep. Thompson moved to reconsider the vote by which the above The Chair declared the above bill was finally passed.bill was finally passed, and, on his own motion, the motion to reconsiderwas laid on the table. The title of the above bill was read and adopted.
HOUSE BILL NO. 338—BY REPRESENTATIVE DANIEL
AN ACTTo amend and reenact R.S. 9:1151, relative to mineral leases; to provide
for change of ownership of newly created water bottoms affectedby mineral leases or interests; to provide for continuation ofmineral leases on lands or water bottoms affected by subsidence or AN ACTerosion; and to provide for related matters. To enact Code of Civil Procedure Article 376, relative to expert
Called from the calendar. expert witnesses; to provide a limitation of immunity for certain
Read by title.
Rep. Daniel moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. Speaker Guillory Pinac YEASAlario Hammett PitreAlexander, R Heaton Powell Mr. Speaker Gallot OdinetAnsardi Hebert Pratt Alario Glover PerkinsBaudoin Hill Quezaire Alexander, E Green PierreBaylor Holden Richmond Alexander, R Guillory PinacBowler Hopkins Riddle Ansardi Hammett PitreBroome Hudson Romero Baudoin Heaton PowellBruce Hunter Salter Baylor Hebert PrattBruneau Hutter Scalise Bowler Hill Quezaire
Glover Perkins
ABSENT
Doerge Morrish
Rep. Daniel moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.
HOUSE BILL NO. 339—BY REPRESENTATIVE DANIEL
witnesses; to provide relative to the immunity of court-appointed
actions; and to provide for related matters.
Called from the calendar.
Read by title.
Rep. Daniel moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:
Page 31 HOUSE30th Day's Proceedings - May 16, 2001
1557
Broome Holden Richmond On page 1, line 3, delete the comma after "1122(B)(9)" and at the endBruce Hopkins Riddle of line 3, change "(F)(4) and" to "(F)" and at the beginning of line 4,Bruneau Hudson Romero delete "(5)"Carter, K Hunter SalterCarter, R Hutter Scalise AMENDMENT NO. 2Cazayoux Iles SchneiderClarkson Jackson, L Schwegmann On page 2, at the beginning of line 5, change "(F)(4) and (5)" to "(F)"Crane Jackson, M ShawCrowe Johns Smith, G.—56th AMENDMENT NO. 3Curtis Katz Smith, J.D.—50thDamico Kennard Smith, J.R.—30th On page 10, at the end of line 1, delete "on behalf of a" and at theDaniel Kenney Sneed beginning of line 2, delete "child born in Louisiana,"Dartez LaFleur StellyDevillier Lancaster Strain On motion of Rep. McMains, the amendments were adopted.Diez Landrieu SwillingDoerge LeBlanc Thompson Rep. McMains moved the final passage of the bill, as amended.Donelon Lucas ToomyDowner Martiny TownsendDurand McCallum TricheErdey McDonald Tucker The roll was called with the following result:Farrar McMains WaddellFaucheux McVea Walsworth YEASFlavin Montgomery WelchFrith Morrell Winston Mr. Speaker Gallot OdinetFruge Murray Wooton Alario Glover PerkinsFutrell Nevers Wright Alexander, E Green Pierre Total—102 Alexander, R Guillory Pinac
NAYS Ansardi Hammett Pitre Baudoin Heaton Powell Total—0
ABSENT
Morrish Smith, J.H.—8th Total—2
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
Rep. Daniel moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.
HOUSE BILL NO. 1041—BY REPRESENTATIVE MCMAINS
AN ACTTo amend and reenact Code of Civil Procedure Article 10(A)(1), and
Children's Code Articles 1109, 1117, and 1122(B)(9), and (F)(4)and (5)[Mother's and Father's Surrender Form], relative to adoptionproceedings; to provide relative to jurisdiction over status,domiciliary requirements; to require that surrendering parent or aprospective adoptive parent be domiciled in this state for at leasteight months; to require a declaration in the act of surrender thata surrendering parent or a prospective adoptive parent has beendomiciled in this state for no less than eight months; and to providefor related matters.
Called from the calendar.
Read by title.
Rep. McMains sent up floor amendments which were read asfollows:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative McMains to EngrossedHouse Bill No. 1041 by Representative McMains
AMENDMENT NO. 1
ROLL CALL
Baylor Hebert PrattBowler Hill QuezaireBroome Holden RichmondBruce Hopkins RiddleBruneau Hudson RomeroCarter, K Hunter SalterCarter, R Hutter ScaliseCazayoux Iles SchneiderClarkson Jackson, L SchwegmannCrane Jackson, M ShawCrowe Johns Smith, G.—56thCurtis Katz Smith, J.H.—8thDamico Kennard Smith, J.R.—30thDaniel Kenney SneedDartez LaFleur StellyDevillier Lancaster StrainDiez Landrieu SwillingDoerge LeBlanc ThompsonDonelon Lucas ToomyDowner McCallum TownsendDurand McDonald TricheErdey McMains TuckerFarrar McVea WaddellFaucheux Montgomery WalsworthFlavin Morrell WelchFrith Morrish WinstonFruge Murray WootonFutrell Nevers Wright Total—102
Page 32 HOUSE30th Day's Proceedings - May 16, 2001
1558
NAYS Fruge Murray Wright
Total—0 Gallot OdinetABSENT Total—103
Martiny Smith, J.D.—50th Total—2 Total—0
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted. Total—1
Rep. McMains moved to reconsider the vote by which the above The Chair declared the above bill was finally passed.bill was finally passed, and, on his own motion, the motion to reconsiderwas laid on the table. The title of the above bill was read and adopted.
HOUSE BILL NO. 1183—BY REPRESENTATIVE STELLY
AN ACTTo amend and reenact R.S. 39:79(A), 80(A) and (B)(2), and 82(A),
relative to sworn statements and fiscal reporting; to specify certainfinancial information-reporting deadlines; to provide for liquidationof certain obligations after the last day of the fiscal year; and to AN ACTprovide for related matters. To enact R.S. 46:1403.1, relative to children; to provide for the
Called from the calendar. residential home; and to provide for related matters.
Read by title. Called from the calendar.
Rep. Stelly moved the final passage of the bill. Read by title.
ROLL CALL
The roll was called with the following result:
YEAS Amendments proposed by Representative Salter to Engrossed House
Mr. Speaker Glover PerkinsAlario Green Pierre AMENDMENT NO. 1Alexander, E Guillory PinacAlexander, R Hammett Pitre On page 1, at the end of line 13, change "GED" to "General EducationAnsardi Heaton Powell Development course"Baudoin Hebert PrattBaylor Hill Quezaire On motion of Rep. Salter, the amendments were adopted.Bowler Holden RichmondBroome Hopkins Riddle Rep. Salter moved the final passage of the bill,as amended.Bruce Hudson RomeroBruneau Hunter SalterCarter, K Hutter ScaliseCarter, R Iles Schneider The roll was called with the following result:Cazayoux Jackson, L SchwegmannClarkson Jackson, M Shaw YEASCrane Johns Smith, G.—56thCrowe Katz Smith, J.D.—50th Mr. Speaker Green PinacCurtis Kennard Smith, J.H.—8th Alario Guillory PitreDamico Kenney Smith, J.R.—30th Alexander, E Hammett PowellDaniel LaFleur Sneed Alexander, R Heaton PrattDartez Lancaster Stelly Ansardi Hebert QuezaireDevillier Landrieu Strain Baudoin Hill RichmondDiez LeBlanc Swilling Bowler Holden RiddleDoerge Lucas Thompson Broome Hudson RomeroDonelon Martiny Toomy Bruce Hunter SalterDowner McCallum Townsend Bruneau Hutter SchneiderDurand McDonald Triche Carter, K Iles SchwegmannErdey McMains Waddell Carter, R Jackson, L ShawFarrar McVea Walsworth Cazayoux Jackson, M Smith, G.—56thFaucheux Montgomery Welch Clarkson Johns Smith, J.D.—50thFlavin Morrell Winston Crane Katz Smith, J.H.—8thFrith Morrish Wooton Crowe Kennard Smith, J.R.—30th
Futrell Nevers
NAYS
ABSENT
Tucker
Rep. Stelly moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.
HOUSE BILL NO. 1638—BY REPRESENTATIVE SALTER
completion of educational courses or other programs offered by the
Rep. Salter sent up floor amendments which were read as follows:
HOUSE FLOOR AMENDMENTS
Bill No. 1638 by Representative Salter
ROLL CALL
Page 33 HOUSE30th Day's Proceedings - May 16, 2001
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Curtis Kenney Sneed AMENDMENT NO. 2Damico LaFleur StellyDaniel Lancaster Strain On page 6, line 25, following "R.S." and before ":2703" change "51"Dartez Landrieu Swilling to "46"Devillier LeBlanc ThompsonDiez Lucas Toomy AMENDMENT NO. 3Doerge Martiny TownsendDowner McCallum Triche On page 7, line 22, following "R.S." and before ":2704" change "51"Durand McDonald Tucker to "46"Erdey McMains WaddellFarrar McVea Walsworth On motion of Rep. Salter, the amendments were adopted.Faucheux Morrell WelchFlavin Murray WinstonFrith Nevers WootonFruge Odinet WrightFutrell PerkinsGlover Pierre Total—97
NAYS Total—0
ABSENT
Baylor Hopkins ScaliseDonelon MontgomeryGallot Morrish Total—7
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
Rep. Salter moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.
HOUSE BILL NO. 921—BY REPRESENTATIVE M. JACKSON
AN ACTTo enact Chapter 55 of Title 46 of the Louisiana Revised Statutes of
1950, to be comprised of R.S. 46:2701 through 2711, relative toconsumer protection; to provide for definitions; to provide for alisting of unsafe children's products; to prohibit the use of certainunsafe children's products; to prohibit child care facilities fromusing or having on the facility premises certain unsafe children'sproducts; to provide for the revocation or refusal to renew certainlicenses or certificates of registration; to prescribe penalties forviolations; to provide for enforcement actions and other remedies;to provide for the adoption of rules; and to provide for relatedmatters.
Called from the calendar.
Read by title.
Rep. Salter, on behalf of the Legislative Bureau, sent up flooramendments which were read as follows:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative Salter on behalf of theLegislative Bureau to Engrossed House Bill No. 921 by RepresentativeM. Jackson
AMENDMENT NO. 1
On page 5, line 15, following "R.S." and before ":2704" change "51"to "46"
Motion
On motion of Rep. Michael Jackson, the bill, as amended, wasreturned to the calendar.
HOUSE BILL NO. 1584—BY REPRESENTATIVE K. CARTER
AN ACTTo amend and reenact R.S. 46:811, 812(A), (C), and (D), 813(A)(1)
and (5) and (C), to enact R.S. 36:109(I) and R.S. 46:813(D), andto repeal R.S. 36:259(D) and R.S. 46:814, relative to theBiomedical Research and Development Park; to provide for thetransfer of the commission to the Department of EconomicDevelopment; to provide for its composition and meetings; toprovide for the governance of the commission; to provide for thecommission's duties, functions, and powers; to repeal theprovisions relative to the termination of the commission; and toprovide for related matters.
Called from the calendar.
Read by title.
Rep. Karen Carter moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. Speaker Glover PerkinsAlario Green PierreAlexander, E Guillory PinacAlexander, R Hammett PitreAnsardi Heaton PowellBaudoin Hebert PrattBaylor Hill QuezaireBowler Holden RichmondBroome Hopkins RiddleBruce Hudson RomeroBruneau Hunter SalterCarter, K Hutter ScaliseCarter, R Iles SchneiderCazayoux Jackson, L SchwegmannClarkson Jackson, M ShawCrane Johns Smith, G.—56thCrowe Katz Smith, J.D.—50thCurtis Kennard Smith, J.H.—8thDamico Kenney Smith, J.R.—30thDaniel LaFleur SneedDartez Lancaster StellyDevillier Landrieu StrainDiez LeBlanc SwillingDoerge Lucas ThompsonDonelon Martiny ToomyDowner McCallum Townsend
Page 34 HOUSE30th Day's Proceedings - May 16, 2001
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Durand McDonald Triche On motion of Rep. Schwegmann, the amendments were adopted.Erdey McMains TuckerFarrar McVea Waddell Rep. Schwegmann sent up floor amendments which were read asFaucheux Montgomery Walsworth follows:Flavin Morrell WelchFrith Morrish WinstonFruge Murray WootonFutrell Nevers Wright Amendments proposed by Representative Schwegmann to EngrossedGallot Odinet House Bill No. 1866 by Representative Schwegmann Total—104
NAYS AMENDMENT NO. 1 Total—0 Delete the set of floor amendments proposed by Representative Gallot
ABSENT to Engrossed House Bill No. 1866 by Representative Schwegmann and adopted by the House on May 7, 2001. Total—0
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
Rep. Karen Carter moved to reconsider the vote by which theabove bill was finally passed, and, on her own motion, the motion to Rep. Schwegmann moved the final passage of the bill, asreconsider was laid on the table. amended.
HOUSE BILL NO. 1866— ROLL CALLBY REPRESENTATIVE SCHWEGMANN
AN ACTTo enact R.S. 14:34.5, relative to crimes; to create the crime of battery
of a bus driver; to provide for penalties; and to provide for relatedmatters.
Called from the calendar.
Read by title.
Rep. Schwegmann sent up floor amendments which were read asfollows:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative Schwegmann to EngrossedHouse Bill No. 1866 by Representative Schwegmann
AMENDMENT NO. 1
On page 1, at the end of line 14, add the following:
"For the purposes of this Section, "bus driver" shall not mean a schoolbus operator."
On motion of Rep. Schwegmann, the amendments were adopted.
Rep. Schwegmann sent up floor amendments which were read asfollows:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative Schwegmann to EngrossedHouse Bill No. 1866 by Representative Schwegmann
AMENDMENT NO. 1
On page 1, line 12, after "in" and before "the course" insert "the bus, in"and at the end of the line insert a period "."
AMENDMENT NO. 2
On page 1, delete lines 13 and 14 in their entirety.
HOUSE FLOOR AMENDMENTS
Rep. Schwegmann moved the adoption of the amendments.
Rep. Gallot objected.
By a vote of 37 yeas and 59 nays, the amendments were rejected.
The roll was called with the following result:
YEAS
Baudoin Heaton NeversBaylor Hebert OdinetBroome Hill PowellBruce Holden PrattCarter, K Hunter RiddleClarkson Hutter RomeroCurtis Iles SchwegmannDaniel Jackson, L Smith, J.D.—50thDartez Jackson, M StrainDevillier Kenney ThompsonDoerge Landrieu ToomyDurand Martiny TricheFrith McCallum WelchGreen McDonald WootonGuillory MorrellHammett Murray Total—46
NAYS
Mr. Speaker Futrell QuezaireAlario Gallot SalterAlexander, E Johns ScaliseAnsardi Katz SchneiderBowler Kennard ShawBruneau LaFleur Smith, G.—56thCarter, R Lancaster Smith, J.H.—8thCazayoux LeBlanc SneedCrane Lucas StellyCrowe McVea TownsendDamico Montgomery TuckerDiez Morrish WaddellDonelon Perkins WalsworthFarrar Pierre WinstonFaucheux Pinac WrightFlavin Pitre Total—47
Page 35 HOUSE30th Day's Proceedings - May 16, 2001
1561
ABSENT Alexander, E Hammett Pitre
Alexander, R Glover Richmond Ansardi Hebert PrattDowner Hopkins Smith, J.R.—30th Baudoin Hill QuezaireErdey Hudson Swilling Baylor Holden RichmondFruge McMains Bowler Hopkins Riddle Total—11 Broome Hudson Romero
The Chair declared the above bill failed to pass. Bruneau Hutter Scalise
HOUSE BILL NO. 624—BY REPRESENTATIVE FLAVIN
AN ACTTo amend and reenact R.S. 30:103.1, relative to reporting requirements
of operators and producers to owners of unleased mineral interests;to provide for monthly reporting of the amount of and pricereceived for production and monthly and occasional costs ofoperations; and to provide for related matters.
Called from the calendar.
Read by title.
Rep. Flavin sent up floor amendments which were read as follows:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative Flavin to Engrossed HouseBill No. 624 by Representative Flavin
AMENDMENT NO. 1
On page 1, line 4, change "monthly" to "quarterly"
AMENDMENT NO. 2
On page 1, line 5, after "and" delete "monthly and"
AMENDMENT NO. 3
On page 2, line 2, change "monthly" to "quarterly"
AMENDMENT NO. 4
On page 2, at the end of line 4, change "calendar month." to "quarter."
AMENDMENT NO. 5
On page 2, line 6, change "Monthly" to "Quarterly"
AMENDMENT NO. 6
On page 2, line 15, change "monthly" to "quarterly" AN ACT
AMENDMENT NO. 7 (5.2), and (6.1), relative to waste tires and the Waste Tire
On page 2, line 17, change "monthly" to "quarterly" levied on the sale of new tires; to provide size classifications of
On motion of Rep. Flavin, the amendments were adopted.
Rep. Flavin moved the final passage of the bill, as amended.
ROLL CALL
The roll was called with the following result:YEAS
Mr. Speaker Green PierreAlario Guillory Pinac
Alexander, R Heaton Powell
Bruce Hunter Salter
Carter, K Iles SchneiderCarter, R Jackson, L SchwegmannCazayoux Jackson, M ShawClarkson Johns Smith, G.—56thCrane Katz Smith, J.D.—50thCrowe Kennard Smith, J.H.—8thDamico Kenney Smith, J.R.—30thDaniel LaFleur SneedDartez Lancaster StellyDevillier Landrieu StrainDiez LeBlanc SwillingDoerge Lucas ThompsonDonelon Martiny ToomyDowner McCallum TownsendDurand McDonald TricheErdey McMains TuckerFarrar McVea WaddellFaucheux Montgomery WalsworthFlavin Morrell WelchFrith Morrish WinstonFruge Murray WootonFutrell Nevers WrightGallot OdinetGlover Perkins Total—103
NAYS Total—0
ABSENT
Curtis Total—1
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
Rep. Flavin moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.
HOUSE BILL NO. 1579—BY REPRESENTATIVE DAMICO
To amend and reenact R.S. 30:2418(I) and to enact R.S. 30:2412(4.1),
Management Fund; to provide definitions; to provide fees to be
tires; and to provide for related matters.
Called from the calendar.
Read by title.
Rep. Damico moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:
Page 36 HOUSE30th Day's Proceedings - May 16, 2001
1562
YEAS Bill No. 1960 by Representative Futrell
Mr. Speaker Green Perkins AMENDMENT NO. 1Alario Guillory PierreAlexander, E Hammett Pinac On page 1, line 13, after "D." insert the following:Alexander, R Hebert PitreBaudoin Hill PowellBowler Holden PrattBroome Hopkins QuezaireBruce Hudson RichmondBruneau Hunter RiddleCarter, K Hutter RomeroCarter, R Iles SalterCazayoux Jackson, L ScaliseClarkson Jackson, M SchneiderCrane Johns SchwegmannCrowe Katz ShawDamico Kennard Smith, J.D.—50thDaniel Kenney Smith, J.H.—8thDartez LaFleur SneedDevillier Lancaster StellyDiez Landrieu SwillingDoerge LeBlanc ThompsonDonelon Lucas ToomyDowner McCallum TownsendDurand McDonald TuckerErdey McMains WaddellFarrar McVea WalsworthFaucheux Montgomery WelchFlavin Morrell WinstonFrith Morrish WootonFruge Murray WrightFutrell NeversGallot Odinet Total—94
NAYS Total—0
ABSENT
Ansardi Heaton StrainBaylor Martiny TricheCurtis Smith, G.—56thGlover Smith, J.R.—30th Total—10
The Chair declared the above bill, having received a two-thirdsvote of the elected members, was finally passed.
The title of the above bill was read and adopted.
Rep. Damico moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.
HOUSE BILL NO. 1960—BY REPRESENTATIVE FUTRELL
AN ACTTo amend and reenact R.S. 32:389(D), relative to weights and
standards stationary scale police; to provide relative toadministrative review of citations issued by weights and standardsstationary scale police officers; to require promulgation of rulesand regulations; and to provide for related matters.
Called from the calendar.
Read by title.
Rep. Futrell sent up floor amendments which were read as follows:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative Futrell to Engrossed House
"(1) The secretary shall establish a procedure for theadministrative agency review of citations issued by weights andstandards stationary scale police The secretary officers and may takeappropriate actions based on the findings of any administrative theagency's review held under the provisions of this Subsection. Thesecretary shall adopt rules in accordance with the AdministrativeProcedure Act to govern administrative agency review and any actionstaken based on the findings of an administrative review the agency. Allrules shall be adopted in accordance with the Administrative ProcedureAct.
(2) Following conclusion of the agency's review, the operator orresponsible party issued the citation by the weights and standardsstationary scale police officer may request a hearing conducted by areview panel comprised of five members. One member of the reviewpanel shall be appointed by the secretary of the Department ofTransportation and Development, two members shall be appointed bythe Louisiana Motor Transport Association, one member shall beappointed by the chairman of the House Transportation, Highways andPublic Works Committee, and one member shall be appointed by thechairman of the Senate Transportation, Highways and Public WorksCommittee. Decisions of the review panel shall be binding upon theDepartment of Transportation and Development. The secretary shalladopt rules and regulations in accordance with the AdministrativeProcedure Act regarding the hearing conducted by the review panelincluding but not limited to rules and regulations regarding thenotification and procedure for requesting a hearing by the review paneland deadlines for request for a hearing before the review panel."
AMENDMENT NO. 2
On page 2, delete lines 3 through 12 in their entirety
On motion of Rep. Futrell, the amendments were adopted.
Rep. Futrell sent up floor amendments which were read as follows:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative Futrell to Engrossed HouseBill No. 1960 by Representative Futrell
AMENDMENT NO. 1
On page 1, line 2, after "R. S. 32:" insert "388(A)(3)(b) and"
AMENDMENT NO. 2
On page 1, line 5, after "regulations;" insert "to provide with respect tofines for certain vehicles which fail to stop at stationary weight scales;"
AMENDMENT NO. 3
On page 1, line 8, after "R. S. 32:" delete the remainder of the line andinsert "388(A)(3)(b) and 389(D) are hereby amended and reenacted toread as"
AMENDMENT NO. 4
On page 1, between lines 9 and 10, insert the following:
"§388. Penalties; payments
A.
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* * *
(3) Each vehicle that is required to stop at a department stationaryweight enforcement scale location and which fails to stop shall be The title of the above bill was read and adopted.assessed the following penalty:
* * * was finally passed, and, on his own motion, the motion to reconsider
(b) Vehicles with a gross vehicle weight rating of twenty-sixthousand pounds or more shall be fined two thousand five hundreddollars for failure to stop at the department stationary weight scales.This fine shall be in addition to any other fines which may be assessedfor other violations.
* * *"
On motion of Rep. Futrell, the amendments were adopted.
Rep. Futrell moved the final passage of the bill, as amended.
ROLL CALL
The roll was called with the following result:
YEAS
Alario Green PinacAlexander, E Guillory PitreAlexander, R Hammett PowellAnsardi Heaton PrattBaudoin Hebert QuezaireBaylor Hill RichmondBowler Holden RiddleBroome Hopkins RomeroBruce Hudson SalterBruneau Hunter ScaliseCarter, K Hutter SchneiderCarter, R Iles SchwegmannCazayoux Jackson, L ShawClarkson Jackson, M Smith, G.—56thCrane Katz Smith, J.D.—50thCurtis Kennard Smith, J.H.—8thDamico Kenney Smith, J.R.—30thDaniel LaFleur SneedDartez Lancaster StellyDevillier Landrieu StrainDiez LeBlanc SwillingDoerge Lucas ThompsonDonelon McCallum ToomyDowner McDonald TownsendDurand McMains TricheErdey McVea TuckerFarrar Montgomery WaddellFaucheux Morrell WalsworthFlavin Morrish WelchFrith Murray WinstonFruge Nevers WootonFutrell Odinet WrightGallot PerkinsGlover Pierre Total—100
NAYS
Crowe Total—1
ABSENT
Mr. Speaker Johns Martiny Total—3
The Chair declared the above bill was finally passed.
Rep. Futrell moved to reconsider the vote by which the above bill
was laid on the table.
HOUSE BILL NO. 1900—BY REPRESENTATIVES KATZ AND DIEZ
AN ACTTo amend and reenact R.S. 47:463(A)(3), to enact R.S. 47:463(A)(4),
and to repeal R.S. 47:463.7, 463.9 through 463.15, 463.18,463.20, 463.22 through 463.30, 463.32 through 463.34, and463.36 through 463.82, relative to applications for prestige licenseplates; to prohibit the issuance or renewal of special license platesand special prestige license plates after a certain date; to repealcertain special license plates and special prestige license plates; andto provide for related matters.
Called from the calendar.
Read by title.
Rep. Bowler sent up floor amendments which were read asfollows:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative Bowler to Engrossed HouseBill No. 1900 by Representatives Katz and Diez
AMENDMENT NO. 1
In House Floor Amendment No. 5 proposed by Representative Diez andadopted by the House of Representatives on May 10, 2001, on page 2,line 4, after "provision of" delete the remainder of the line and insert thefollowing:
"R.S. 47:463.69 or 463.73 through"
Rep. Bowler moved the adoption of the amendments.
Rep. Morrell objected.
By a vote of 76 yeas and 18 nays, the amendments were adopted.
Rep. Katz moved the final passage of the bill, as amended.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. Speaker Faucheux PitreAlario Flavin PowellAlexander, E Fruge QuezaireAlexander, R Futrell RichmondAnsardi Green RomeroBaudoin Hammett SalterBowler Jackson, L ScaliseBroome Johns ShawBruce Katz Smith, G.—56thCarter, K Kennard SneedCarter, R Kenney StellyCazayoux LaFleur StrainCrane Lancaster Thompson
Page 38 HOUSE30th Day's Proceedings - May 16, 2001
1564
Damico Landrieu Toomy Carter, K Iles ScaliseDevillier LeBlanc Triche Carter, R Jackson, L SchneiderDiez McDonald Tucker Cazayoux Jackson, M SchwegmannDonelon McMains Walsworth Clarkson Johns ShawDowner McVea Welch Crane Katz Smith, G.—56thDurand Morrish Winston Crowe Kennard Smith, J.D.—50thErdey Nevers Wooton Damico Kenney Smith, J.H.—8th Total—60 Daniel LaFleur Smith, J.R.—30th
NAYS Dartez Lancaster Sneed
Baylor Hebert Perkins Diez LeBlanc StrainBruneau Hill Pierre Donelon Lucas SwillingClarkson Holden Pinac Downer Martiny ThompsonCrowe Hunter Pratt Durand McCallum ToomyDaniel Hutter Riddle Erdey McDonald TownsendDoerge Iles Schwegmann Farrar McMains TricheFarrar Jackson, M Smith, J.D.—50th Faucheux McVea TuckerFrith Lucas Smith, J.H.—8th Flavin Montgomery WaddellGallot McCallum Swilling Frith Morrell WalsworthGlover Morrell Townsend Fruge Morrish WelchGuillory Murray Waddell Futrell Murray WinstonHeaton Odinet Wright Gallot Nevers Wooton Total—36 Glover Odinet Wright
ABSENT Total—102
Curtis Hudson Schneider Dartez Martiny Smith, J.R.—30th Total—0Hopkins Montgomery ABSENT Total—8
The Chair declared the above bill was finally passed. Total—2
The title of the above bill was read and adopted. The Chair declared the above bill was finally passed.
HOUSE BILL NO. 245—BY REPRESENTATIVE BAYLOR
AN ACTTo enact R.S. 17:440 and R.S. 44:4(29), relative to school employees;
to prohibit city, parish, and other local public school boards and thegoverning authorities of any nonpublic school from using thesocial security number of a teacher or other school employee as apersonal identifier; to provide relative to requirements for andaccess to social security numbers of teachers and schoolemployees; to exempt the social security numbers of teachers andschool employees from the public records law; to provideexceptions; and to provide for related matters.
Called from the calendar.
Read by title.
Rep. Baylor moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:YEAS
Mr. Speaker Green PerkinsAlario Guillory PierreAlexander, E Hammett PinacAlexander, R Heaton PitreAnsardi Hebert PowellBaudoin Hill PrattBaylor Holden QuezaireBowler Hopkins RichmondBroome Hudson RiddleBruce Hunter RomeroBruneau Hutter Salter
Devillier Landrieu Stelly
NAYS
Curtis Doerge
The title of the above bill was read and adopted.
Rep. Baylor moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.
Suspension of the Rules
On motion of Rep. Diez, the rules were suspended in order to callHouse Bill No. 1674 from the calendar at this time.
HOUSE BILL NO. 1674—BY REPRESENTATIVE DIEZ
AN ACTTo amend and reenact R.S. 32:863(C)(1) and 863.1(C)(1)(a), relative
to compliance with the compulsory liability insurance law; toauthorize mailing of notices of noncompliance by first class mail;and to provide for related matters.
Called from the calendar.
Read by title.
Rep. Diez moved the final passage of the bill.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. Speaker Fruge PowellAlario Futrell QuezaireAlexander, E Heaton RichmondAlexander, R Hill Riddle
Page 39 HOUSE30th Day's Proceedings - May 16, 2001
1565
Ansardi Hutter Romero On page 9, line 13, following "R.S." and before ":31" change "43" toBaudoin Iles Salter "44"Baylor Jackson, L ScaliseBowler Johns Schwegmann AMENDMENT NO. 2Bruce Katz ShawBruneau Kennard Smith, G.—56th On page 17, line 17, following "or" and before "which" changeCarter, R Kenney Smith, J.D.—50th "commission," to "commissions,"Cazayoux LaFleur Smith, J.H.—8thClarkson Lancaster Smith, J.R.—30th AMENDMENT NO. 3Crane Landrieu SneedDamico LeBlanc Stelly On page 23, lines 1 and 20, following "R.S." and before the end of theDaniel Lucas Strain line change "33:9039.10 and 9039.11" to "33:9039.19 and 9039.20"Dartez Martiny SwillingDiez McDonald Thompson AMENDMENT NO. 4Donelon McMains TownsendDowner McVea Triche On page 27, line 21, following "R.S." and before the end of the lineDurand Morrish Tucker change "33:9039.8" to "33:9039.35"Erdey Nevers WaddellFarrar Odinet Walsworth On motion of Rep. Salter, the amendments were adopted.Faucheux Pierre WinstonFlavin Pinac Wooton Rep. Tucker sent up floor amendments which were read asFrith Pitre follows: Total—77
NAYS
Broome Hammett Murray Amendments proposed by Representative Tucker to Engrossed HouseCarter, K Hebert Perkins Bill No. 1308 by Representative AlarioDevillier Holden PrattGallot Hopkins Schneider AMENDMENT NO. 1Glover Hunter ToomyGreen Jackson, M Welch On page 9, between lines 18 and 19, insert the following:Guillory McCallum Wright Total—21 "C. In any parish or municipality which operates under a home
ABSENT rule charter which provides for the governing authority of any special
Crowe Doerge MontgomeryCurtis Hudson Morrell Total—6
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
HOUSE BILL NO. 1308—BY REPRESENTATIVES ALARIO, K. CARTER, AND TUCKER
AN ACTTo enact Chapter 27-B of Title 33 of the Louisiana Revised Statutes of
1950, to be comprised of R.S. 33:9039.11 through 9039.37,relative to the creation of the "Community Development DistrictAct"; to provide for definitions; to provide for the establishment ofa community development district; to provide for a board ofsupervisors; to provide for powers and duties of the board; toprovide for the issuance of bonds; to provide for assessments; toprovide for fees and charges; to provide for termination of thedistrict; and to provide for related matters.
Called from the calendar.
Read by title.
Rep. Salter, on behalf of the Legislative Bureau, sent up flooramendments which were read as follows:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative Salter on behalf of theLegislative Bureau to Engrossed House Bill No. 1308 by RepresentativeAlario
AMENDMENT NO. 1
HOUSE FLOOR AMENDMENTS
district lying wholly within the parish or municipality, such charterprovisions shall supersede the provisions of this Chapter relating to themembership of the board."
On motion of Rep. Tucker, the amendments were adopted.
Rep. Bowler sent up floor amendments which were read asfollows:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative Bowler to Engrossed HouseBill No. 1308 by Representative Alario
AMENDMENT NO. 1
On page 13, line 21, after "incidental" change "or" to "and"
On motion of Rep. Bowler, the amendments were adopted.
Rep. Tucker moved the final passage of the bill, as amended.
ROLL CALL
The roll was called with the following result:
YEAS
Alario Futrell MontgomeryAlexander, E Gallot MorrellAlexander, R Glover MurrayAnsardi Green NeversBaudoin Guillory OdinetBaylor Heaton Pierre
Page 40 HOUSE30th Day's Proceedings - May 16, 2001
1566
Broome Hebert Powell Called from the calendar.Bruce Hill PrattCarter, R Holden Quezaire Read by title.Cazayoux Hudson RichmondClarkson Hunter Romero Rep. Pitre sent up floor amendments which were read as follows:Crowe Iles Smith, G.—56thDamico Jackson, L Smith, J.D.—50thDaniel Jackson, M SneedDartez Johns Stelly Amendments proposed by Representative Pitre to Engrossed House BillDevillier Kennard Strain No. 1826 by Representatives Pitre, et al.Diez Kenney SwillingDoerge LaFleur Toomy AMENDMENT NO. 1Donelon Landrieu TownsendDurand Lucas Tucker On page 1, at the beginning of line 5, change "appointment" toFarrar Martiny Welch "selection"Faucheux McCallum WinstonFlavin McMains Wooton AMENDMENT NO. 2Frith McVea Wright Total—72 On page 2, line 3, after "five" and before "delegates" change "voting"
NAYS to "elected"
Mr. Speaker Lancaster Schneider AMENDMENT NO. 3Bowler LeBlanc SchwegmannBruneau McDonald Shaw On page 2, line 4, after "eight" and before "delegates" changeCrane Morrish Thompson "nonvoting" to "legislative"Downer Perkins TricheHammett Pinac WaddellHopkins Pitre WalsworthHutter SalterKatz Scalise Total—25
ABSENT
Carter, K Fruge Smith, J.R.—30thCurtis RiddleErdey Smith, J.H.—8th Total—7
The Chair declared the above bill was finally passed.
The title of the above bill was read and adopted.
Rep. Tucker moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.
Suspension of the Rules
On motion of Rep. Strain, and under a suspension of the rules, theabove roll call was corrected to reflect him as voting yea.
HOUSE BILL NO. 1826 (Substitute for House Bill No. 13 byRepresentative Pitre)—BY REPRESENTATIVES PITRE, K. CARTER, CAZAYOUX, CLARKSON,CROWE, DANIEL, DARTEZ, DOWNER, ERDEY, HEBERT, HUTTER, L.JACKSON, LAFLEUR, MCDONALD, NEVERS, RICHMOND, SCALISE, JACKSMITH, JANE SMITH, STRAIN, TOWNSEND, WINSTON, AND WRIGHTAND SENATOR DUPRE
AN ACTTo provide for the calling of a constitutional convention for the purpose
of framing a new constitution; to fix the time and place for theconvention; to provide for the qualifications and election orappointment of delegates thereto; to provide for the organizationand staff of the convention; to place restrictions on the convention;to require that the constitution as adopted by such convention,including any alternative provisions, be submitted to the qualifiedelectors for adoption, to provide the manner of such submission,and to provide with respect thereto; to provide for penalties forviolations relating to elections; to provide with respect to thedisbursement of funds appropriated for the convention and toprovide for the retention thereof; to fix the effective date of thenew constitution if approved by the electorate; and to provide forrelated matters.
HOUSE FLOOR AMENDMENTS
AMENDMENT NO. 4
On page 2, line 5, after "One" and before "delegate" change "voting" to"elected"
AMENDMENT NO. 5
On page 2, line 8, change "nonvoting" to "legislative"
AMENDMENT NO. 6
On page 2, line 8, after "selected" delete the remainder of the line andat the beginning of line 9, delete "March 1, 2002,"
AMENDMENT NO. 7
On page 2, delete lines 10 through 15
AMENDMENT NO. 8
On page 2, at the beginning of line 16, change "(iv) Seven," to "(i)Twenty-one"
AMENDMENT NO. 9
On page 2, at the beginning of line 19, change "(v)" to "(ii)"
AMENDMENT NO. 10
On page 2, line 27, after "election" delete the remainder of the line andat the beginning of line 28, delete "employee as a nonvoting" and insert"of a legislator as a legislative"
AMENDMENT NO. 11
On page 3, line 1, after "appointment" insert "or service"
AMENDMENT NO. 12
On page 3, line 5, after "However," and before "delegates" change"voting" to "elected"
AMENDMENT NO. 13
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1567
On page 3, line 12, delete "Both the" and insert "The" On page 5, at the end of line 14, change "February 5, 2002." to "July
AMENDMENT NO. 14
On page 3, line 14, delete "a voting" and insert "an elected"
AMENDMENT NO. 15
On page 3, line 15, change "April 17, 2006." to "January 1, 2004." three ballots and shall cast his votes for the candidate or candidates of
AMENDMENT NO. 16 candidates, shall sign and date each ballot, and shall return each ballot
On page 3, line l6, after "election as" and before "delegate" delete "a"and insert "an elected" AMENDMENT NO. 31
AMENDMENT NO. 17 On page 5, at the beginning of line 16, change "February 5, 2002," to
On page 3, line 20, after "delegate to" and before "the convention"insert "or staff of" AMENDMENT NO. 32
AMENDMENT NO. 18 On page 5, delete lines 18 and 19 and insert the following:
On page 3, delete lines 24 through 28 ""Invalid". Once a ballot is received by the clerical officer, it shall not
AMENDMENT NO. 19
On page 4, line 1, after "five" and before "delegates" change "voting"to "elected" On page 5, at the beginning of line 22, after "(9)" insert "(a)"
AMENDMENT NO. 20 AMENDMENT NO. 34
On page 4, line 19, change "nonvoting" to "legislative" On page 5, line 22, after "candidate" delete the remainder of the line and
AMENDMENT NO. 21
On page 4, line 24, change "January 7, 2002," to "June 25, 2001,"
AMENDMENT NO. 22
On page 4, at the end of line 27, change "nonvoting" to "legislative"
AMENDMENT NO. 23
On page 5, line 1, change "nonvoting" to "legislative"
AMENDMENT NO. 24
On page 5, at the end of line 3, change "January 17, 2002." to "July 9, through 5 and insert the following:2001."
AMENDMENT NO. 25 each congressional district who receive the highest number of votes cast
On page 5, line 4, change "January 21, 2002," to "July 12, 2001," congressional district shall be elected as legislative delegates to the
AMENDMENT NO. 26
On page 5, line 5, after "receipt requested" and before "to each candidates shall cast lots under the supervision of the clerical officer tomember" insert "or other certifiable method insuring receipt" determine which candidate shall be elected.
AMENDMENT NO. 27 (b) If the election results in a tie vote in the House of
On page 5, at the beginning of line 12, after "(6)" insert "(a)" number of votes exceeds the number of persons to be elected, the
AMENDMENT NO. 28 candidates with same number of votes shall cast lots under the
On page 5, line 12, after "member" insert "of the Senate" elected."
AMENDMENT NO. 29 AMENDMENT NO. 38
23, 2001."
AMENDMENT NO. 30
On page 5, between lines 14 and 15, insert the following:
"(b) Each member of the House of Representatives shall receive
his choice by marking each ballot with his choice for one of the
to the clerical officer no later than July 23, 2001."
"July 23, 2001,"
be withdrawn or changed."
AMENDMENT NO. 33
insert the following:
"in the Senate who receives the highest number of votes cast by the"
AMENDMENT NO. 35
On page 5, line 23, delete "his house" and insert "the Senate"
AMENDMENT NO. 36
On page 5, line 24, change "nonvoting" to "legislative"
AMENDMENT NO. 37
On page 5, delete lines 25 through 28 and on page 6, delete lines 1
"(b) The three candidates in the House of Representatives from
by the members of the House of Representatives voting in his or her
convention.
(10)(a) If the election results in a tie vote in the Senate, the two
Representatives and the number of persons with the three highest total
candidates with the highest number of votes shall be elected and the
supervision of the clerical officer to determine which candidate shall be
Page 42 HOUSE30th Day's Proceedings - May 16, 2001
1568
On page 6, at the beginning of line 6, change "(13)" to "(11)" On page 7, line 4, delete "convention delegates" and insert "elected
AMENDMENT NO. 39
On page 6, line 6, change "February 15, 2002," to "August 8, 2001,"
AMENDMENT NO. 40
On page 6, line 8, change "February 15, 2002," to "August 8, 2001,"
AMENDMENT NO. 41
On page 6, at the beginning of line 17, change "(14)" to "(12)"
AMENDMENT NO. 42 fifteen days of the vacancy"
On page 6, line 18, after "candidate" and before "for whom" insert "or AMENDMENT NO. 51candidates"
AMENDMENT NO. 43
On page 6, at the beginning of line 22, change "(15)" to "(13)"
AMENDMENT NO. 44 delete line 23 and insert a comma "," and "which process shall begin
On page 7, at the beginning of line 1, change "(16)" to "(14)"
AMENDMENT NO. 45
On page 7, between lines 2 and 3, insert the following:
"Section 2.A. No later then ten days after the legislative delegatesare elected, the presiding officers of the legislature shall call an On page 8, line 4, after "office of" delete the remainder of the line andorganizational meeting of the Joint Legislative Committee on a New at the beginning of line 5, delete "other" and insert "any"Constitution. The Joint Legislative Committee on a New Constitution,hereinafter referred to as the joint committee, shall be composed of AMENDMENT NO. 55those members of the House of Representatives and the Senate whowere elected to be legislative delegates to the constitutional convention. On page 8, line 18, change "Section 5." to "Section 6."The joint committee shall have all the power and authority of legislativecommittees, shall be subject to the Rules of Order of the House of AMENDMENT NO. 56Representatives, and a quorum shall consist of a majority of the totalmembership thereof. At the organizational meeting of the joint On page 9, at the end of line 11, delete "a" and delete line 12, and insertcommittee, the members of the committee shall select a chairman and the following:a vice chairman.
B. The joint committee shall hold meetings to hear testimony from provided by the rules of procedure for the convention."citizens, public officials, experts, and other persons regarding thedrafting of a new constitution. In addition, any committee of the AMENDMENT NO. 57legislature may hold hearings regarding a new constitution, and if so,shall submit a report to the joint committee of the findings from such On page 9, line 14, delete "delegates" and insert "rules of procedure formeeting. the convention"
C. The joint committee shall issue a comprehensive report of its AMENDMENT NO. 58activities no later than June 30, 2002, which shall include a summaryof its hearings and findings, a draft of a new constitution and any On page 9, line 21, after "Prior to" delete the remainder of the line andalternative proposals, and a draft of rules of procedure for the delete line 22, and at the beginning of line 23, delete "legislature" andconvention. insert "June 30, 2002, the Joint Legislative Committee on a New
D. The joint committee shall utilize the staff of the legislature asnecessary to complete its duties." AMENDMENT NO. 59
AMENDMENT NO. 46 On page 9, at the end of line 27, delete "the" and at the beginning of
On page 7, at the beginning of line 3, change "Section 2." to "Section3." AMENDMENT NO. 60
AMENDMENT NO. 47 On page 10, line 5, after "Section," delete the remainder of the line and
delegates to the convention"
AMENDMENT NO. 48
On page 7, line 17, change "Section 3." to "Section 4."
AMENDMENT NO. 49
On page 7, at the beginning of line 18, change "voting" to "elected"
AMENDMENT NO. 50
On page 7, line 19, after "vacancy" and before "by the" insert "within
On page 7, line 21, change "nonvoting" to "legislative"
AMENDMENT NO. 52
On page 7, line 22, after "selection" delete the remainder of the line and
within three days of the vacancy."
AMENDMENT NO. 53
On page 7, line 24, change "Section 4." to "Section 5."
AMENDMENT NO. 54
"and such other officers as they deem necessary whose duties shall be
Constitution"
line 28, delete "delegates shall provide" and insert "provided"
delete lines 6 and 7, and on line 8, delete "2004,"
Page 43 HOUSE30th Day's Proceedings - May 16, 2001
1569
AMENDMENT NO. 61 On page 13, at the beginning of line 27, change "Section. 10" to
On page 10, line 8, after "full body" and before "or in" insert a comma"," and "in a committee of the whole," AMENDMENT NO. 71
AMENDMENT NO. 62 On page 14, line 7, after "election" and before "for the purpose" insert
On page 10, delete lines 10 through 27, and on page 11, delete lines 1through 8, and insert the following: AMENDMENT NO. 72
"Section 7.A. In addition to the utilization of legislative staff, the On page 14, at the beginning of line 15, after "The" delete theJoint Legislative Committee on a New Constitution may employ such remainder of the line and at the beginning of line 16, delete "2(B), andother professional, research, technical, clerical, and stenographic the"employees as it deems necessary to complete its duties and to assist theconvention in the completion of its duties. AMENDMENT NO. 73
B. Compensation of staff personnel shall be established by the On page 15, delete lines 5 through 8 and insert "on January 1, 2004."Joint Legislative Committee on a New Constitution.
C. The Joint Legislative Committee on a New Constitution mayadvertise for applicants as it deems necessary. On page 15, at the beginning of line 9, change "Section 11." to "Section
D. The Joint Legislative Committee on a New Constitution shallprepare a budget of anticipated" On motion of Rep. Pitre, the amendments were adopted.
AMENDMENT NO. 63 Rep. Pitre moved the final passage of the bill, as amended.
On page 12, delete lines 9 through 22 and insert the following:
"H. The final draft shall be completed no later than March 15, The roll was called with the following result:2003."
AMENDMENT NO. 64
On page 12, at the beginning of line 23, change "Section 7." to "Section Ansardi Futrell Pitre8." Baudoin Gallot Powell
AMENDMENT NO. 65 Bruce Guillory Richmond
On page 12, at the end of line 26, delete "April 14," and at the Carter, K Hebert Salterbeginning of line 27, delete "2006," and insert "March 15, 2003," Cazayoux Holden Scalise
AMENDMENT NO. 66 Crowe Hutter Smith, J.D.—50th
On page 13, at the beginning of line 7, change "Section 8." to "Section Dartez Jackson, M Sneed9." Devillier Johns Stelly
AMENDMENT NO. 67 Doerge LaFleur Triche
On page 13, at the beginning of line 13, change "Section 9." to "Section Downer Landrieu Waddell10." Durand McDonald Walsworth
AMENDMENT NO. 68 Faucheux Morrish Wright
On page 13, at the end of line 14, insert "chairman and vice chairman Frith Neversof the Joint Legislative Committee on a New Constitution until the Total—64convention convenes, after which time the warrants shall be signed by NAYSthe"
AMENDMENT NO. 69 Alario Kennard Pratt
On page 13, at the end of line 15, insert "be signed by the chairman and Baylor LeBlanc Shawvice chairman of the Joint Legislative Committee on a New Broome Martiny Smith, G.—56thConstitution until the convention convenes, after which time the checks Carter, R McCallum Thompsonshall be signed" Damico McVea Toomy
AMENDMENT NO. 70 Heaton Morrell Welch
"Section 11."
"in October of 2003"
AMENDMENT NO. 74
12."
ROLL CALL
YEAS
Alexander, E Fruge Pierre
Bowler Glover Quezaire
Bruneau Hammett Romero
Crane Hudson Schwegmann
Daniel Jackson, L Smith, J.H.—8th
Diez Katz Strain
Donelon Lancaster Tucker
Farrar McMains Winston
Flavin Murray
Mr. Speaker Iles Pinac
Alexander, R Kenney Schneider
Green Montgomery Townsend
Hill Odinet WootonHopkins Perkins
Page 44 HOUSE30th Day's Proceedings - May 16, 2001
1570
Total—32 May 16, 2001ABSENT
Clarkson Hunter Smith, J.R.—30thCurtis Lucas SwillingErdey Riddle Total—8
The bill, not having received a two-thirds vote of the electedmembers, failed to pass.
Motion to reconsider pending.
Suspension of the Rules
On motion of Rep. Pitre, the rules were suspended in order to takeup and consider Petitions, Memorials and Communications at this time.
Petitions, Memorials andCommunications
The following petitions, memorials, and communications werereceived and read:
Privileged Report of the Committee on Enrollment
May 16, 2001
To the honorable Speaker and Members of the House ofRepresentatives:
I am directed by your Committee on Enrollment to submit thefollowing report:
The following House Resolutions have been properly enrolled:
HOUSE RESOLUTION NO. 76—BY REPRESENTATIVE MURRAY
A RESOLUTIONTo commend Colin V. Reed on his service to Harrah's Entertainment
and to extend congratulations on his new position with GaylordEntertainment Company in Nashville, Tennessee.
HOUSE RESOLUTION NO. 77—BY REPRESENTATIVE BAYLOR
A RESOLUTIONTo commend the Stephens African American Museum in Shreveport
for its dedicated efforts in the promotion of understanding andawareness about Louisiana's culturally diverse heritage.
HOUSE RESOLUTION NO. 78—BY REPRESENTATIVE MURRAY
A RESOLUTIONTo commend Melvin Manuel Bijou, Sr. upon his seventy-fifth birthday
and to recognize him as an Honorary State Representative.
HOUSE RESOLUTION NO. 79—BY REPRESENTATIVE FUTRELL
A RESOLUTIONTo commend David Thomas Campbell of Baton Rouge upon achieving
the rank of Eagle Scout.
Respectfully submitted,
DONALD RAY KENNARDChairman
The above House Resolutions contained in the report were signedby the Speaker of the House and taken by the Clerk of the House to theSecretary of State in accordance with the rules of the House.
Privileged Report of the Committee on Enrollment
To the honorable Speaker and Members of the House ofRepresentatives:
I am directed by your Committee on Enrollment to submit thefollowing report:
The following House Concurrent Resolutions have been properlyenrolled:
HOUSE CONCURRENT RESOLUTION NO. 95—BY REPRESENTATIVE DONELON
A CONCURRENT RESOLUTIONTo suspend until sixty days after final adjournment of the 2001 Regular
Session of the Legislature the provisions of LAC 4.I.119(C)(1)(c)requiring that any vendor receiving payment through voluntarypayroll deductions for state employees have individual productparticipation which exceeds one thousand participating employees.
Respectfully submitted,
DONALD RAY KENNARDChairman
The above House Concurrent Resolutions contained in the reportwere signed by the Speaker of the House and taken to the Senate by theClerk of the House and were signed by the President of the Senate andtaken by the Clerk of the House to the Governor in accordance with therules of the House.
Privileged Report of the Committee on Enrollment
May 16, 2001
To the honorable Speaker and Members of the House ofRepresentatives:
I am directed by your Committee on Enrollment to submit thefollowing report:
The following House Concurrent Resolutions have been properlyenrolled:
HOUSE CONCURRENT RESOLUTION NO. 30—BY REPRESENTATIVES TOOMY, MARTINY, HUNTER, DARTEZ, FARRAR,FAUCHEUX, GALLOT, M. JACKSON, MURRAY, PRATT, RICHMOND,ROMERO, AND WELCH AND SENATORS C.D. JONES, LENTINI, ANDCHAISSON
A CONCURRENT RESOLUTIONTo approve the salaries recommended by the Judicial Compensation
Commission and to authorize and direct the state treasurer to payauthorized increases in certain judicial salaries.
HOUSE CONCURRENT RESOLUTION NO. 46—BY REPRESENTATIVE LEBLANC
A CONCURRENT RESOLUTIONTo direct the secretary of the Department of Revenue and commissioner
of administration to determine the feasibility of implementing a taxclearance program for persons contracting with the state and forlottery permit renewals.
HOUSE CONCURRENT RESOLUTION NO. 151—BY REPRESENTATIVE NEVERS
A CONCURRENT RESOLUTIONTo honor the foster parents and foster workers of the year 2001 in each
region and to express the appreciation of the legislature for theirvaluable contribution to strengthen family life in Louisiana.
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HOUSE CONCURRENT RESOLUTION NO. 156— HOUSE BILL NO. 121—BY REPRESENTATIVES MCCALLUM AND GALLOT AND SENATORBARHAM
A CONCURRENT RESOLUTIONTo express the sincere condolences of the Legislature of Louisiana
upon the death of John T. "Jack" Baldwin of Bernice.
Respectfully submitted,
DONALD RAY KENNARDChairman
The above House Concurrent Resolutions contained in the reportwere signed by the Speaker of the House and taken to the Senate by theClerk of the House and were signed by the President of the Senate andtaken by the Clerk of the House to the Secretary of State in accordancewith the rules of the House.
Privileged Report of the Committee on Enrollment
May 16, 2001
To the honorable Speaker and Members of the House ofRepresentatives:
I am directed by your Committee on Enrollment to submit thefollowing report:
The following House Bills have been properly enrolled:
HOUSE BILL NO. 12—BY REPRESENTATIVE PITRE
AN ACTTo amend and reenact R.S. 18:444(G), relative to the composition and
election of members of parish executive committees of recognizedpolitical parties; to provide for the election of certain membersfrom the districts or wards from which members of the parishgoverning authority are elected; and to provide for related matters.
HOUSE BILL NO. 20—BY REPRESENTATIVE BRUNEAU
AN ACTTo amend and reenact Code of Civil Procedure Article 42(4), relative
to venue in actions against a foreign corporation or foreign limitedliability company licensed to do business in this state; to providefor proper venue in the parish designated as the principal businessestablishment; to provide for proper venue where the primary placeof business is located in the state and no specific venue designationis made; and to provide for related matters.
HOUSE BILL NO. 21—BY REPRESENTATIVE BRUNEAU
AN ACTTo amend and reenact Code of Civil Procedure Article 4732, relative to
eviction procedures; to provide for the effective period forjudgments of eviction; and to provide for related matters.
HOUSE BILL NO. 22—BY REPRESENTATIVES JOHN SMITH AND ILES AND SENATOR CAIN
AN ACTTo amend and reenact R.S. 13:621.30, relative to district judges; to
provide for an additional judgeship for the Thirtieth JudicialDistrict Court; to provide for compensation of the additional judge;to provide for the election and term of office; and to provide forrelated matters.
HOUSE BILL NO. 23—BY REPRESENTATIVE BRUNEAU
AN ACTTo amend and reenact R.S. 18:451, relative to the qualifications of
candidates; to provide with regard to residency and domicilerequirements for candidates; and to provide for related matters.
BY REPRESENTATIVE MORRISHAN ACT
To enact R.S. 33:447.5, relative to mayor's courts; to authorize theimposition of additional court costs for the mayor's court in thetown of Elton; to provide for limitations on the amount of thecosts; and to provide for related matters.
HOUSE BILL NO. 123—BY REPRESENTATIVE ALARIO
AN ACTTo amend and reenact R.S. 33:441(A), relative to mayors' courts; to
authorize the suspension of sentence or fine and the imposition ofprobation; and to provide for related matters.
HOUSE BILL NO. 172—BY REPRESENTATIVE FRITH
AN ACTTo amend and reenact R.S. 13:998(A) and (E)(1)(introductory
paragraph), relative to nonrefundable fees in civil matters; torequire the clerk of the district court in Vermilion Parish to assessan additional fee for support of various nonprofit organizationsproviding shelter for battered women and their children; and toprovide for related matters.
HOUSE BILL NO. 187—BY REPRESENTATIVE THOMPSON
AN ACTTo amend and reenact R.S. 3:127(A)(3) and to enact R.S. 3:125(9),
relative to agricultural cooperative associations; to provide for theperpetual existence of cooperative marketing associations; and toprovide for related matters.
HOUSE BILL NO. 192—BY REPRESENTATIVE CRANE
AN ACTTo amend and reenact R.S. 17:421.6(C), relative to salary adjustments
for certain public school teachers holding certificates issued by theNational Board for Professional Teaching Standards; to provideconditions for receiving the adjustment; and to provide for relatedmatters.
HOUSE BILL NO. 221—BY REPRESENTATIVES CRANE AND JANE SMITH AND SENATORTHEUNISSEN
AN ACTTo amend and reenact R.S. 17:7(6)(b)(i), relative to teacher certification
requirements; to extend the length of time for which certain out-of-state teachers are granted nonrenewable provisional teachingcertificates; and to provide for related matters.
HOUSE BILL NO. 350—BY REPRESENTATIVE MURRAY
AN ACTTo amend and reenact Code of Criminal Procedure Article 731, relative
to subpoenas; to provide for electronic signatures; to authorize theclerk of court for the Criminal District Court for the Parish ofOrleans to sign subpoenas electronically; and to provide for relatedmatters.
HOUSE BILL NO. 534—BY REPRESENTATIVE ANSARDI
AN ACTTo amend and reenact R.S. 33:441.1(A), relative to the mayor's court
in the city of Kenner; to require the city council of the city ofKenner to appoint one or more attorneys as court magistrates uponrequest of the mayor; and to provide for related matters.
Page 46 HOUSE30th Day's Proceedings - May 16, 2001
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HOUSE BILL NO. 537—BY REPRESENTATIVE BRUNEAU
AN ACTTo enact R.S. 11:413(14), relative to the Louisiana State Employees'
Retirement System, but only applicable to employees of the NewOrleans City Park Improvement Association; to provide withrespect to membership, including but not limited to those classes AN ACTof employees who are not eligible for membership; to provide an To amend and reenact R.S. 22:250.12(B)(introductory paragraph) andeffective date; and to provide for related matters. to enact R.S. 22:250.12(H), relative to the Louisiana Health Plan;
HOUSE BILL NO. 677—BY REPRESENTATIVE GARY SMITH
AN ACTTo repeal R.S. 42:66(L)(2)(b), relative to the exception to the dual
officeholding law to allow certain deputy sheriffs to continue toserve as part-time constables or marshals; repeals the provisionmaking the exception inapplicable after a particular term of office.
HOUSE BILL NO. 679—BY REPRESENTATIVES MCMAINS, WALSWORTH, AND CLARKSON ANDSENATOR DARDENNE
AN ACTTo amend and reenact all of Chapter 9 of Title 10 of the Louisiana
Revised Statutes of 1950, heretofore comprised of Parts 1 through6 and consisting of R.S. 10:9-101 through 9-605, to be comprised AN ACTof Parts 1 through 7 and consisting of R.S. 10:9-101 through 9- To amend and reenact Code of Criminal Procedure Articles 556 and710, to amend and reenact R.S. 3:207 and 3652(14), R.S. 556.1(A)(introductory paragraph), (B), (D), and (E), relative to6:312(E) and 664(E), R.S. 9:3306(26), 3342(B), 4865(A)(2), pleas of guilty and nolo contendere in felony and misdemeanor4870(B)(3), 4888(B)(4), 5001(A), 5551(A) and (C), R.S. 10:1- cases; to provide that the court must inform the defendant of the105(2)(e), 1-201(9),(32), and (37), R.S. 10:4-210(c)(1), R.S. charge and its penalty, his rights as a defendant, and the effect of10:7-503(1), R.S. 10:8-103(f), 8-106(d) and (f), 8-110(e), 8- a plea of guilty; to provide that the court must determine if the plea301(a), 8-302(a), and 8-510, R.S. 12:702(A) and (B), R.S. is voluntary; to provide for a record of these proceedings; to23:1546(A), R.S. 32:708(B)(2)(b), 710, and 728(9), R.S. provide for harmless error; and to provide for related matters.37:218(A), R.S. 39:1421(2), R.S. 40:2601(1), R.S. 46:236.16(A),and Code of Civil Procedure Articles 2721(C) and 2725(B); toenact R.S. 10:5-118 and R.S. 39:1430.1; to repeal R.S. 9:2737,3101 through 3112, 4321 through 4391, 4421, and 5351 through5373, R.S. 12:704, and R.S. 32:704(B), all relative to securedtransactions under Louisiana Commercial Laws; to revise theentirety of Chapter 9 to conform to revisions in the UniformCommercial Code; to provide for definitions and general concepts;to provide for applicability; to provide for effectiveness of securityagreements and attachment of security interests; to provide forperfection and priority of security interests; to provide for rights ofa bank and of third parties; to provide for duties and operation offiling offices; to provide for uniform form of financing statementsand amendments; to provide for fees; to provide for maintenanceand destruction of records; to provide for default and enforcementof security interests; to provide for contents and form ofnotification before disposition of collateral; to provide relative toremedies for noncompliance; to provide for additional defaultremedies; to provide for transitional provisions; to provide forterritorial application of Title 10; to define buyer in the ordinarycourse of business, purchase, and security interest; to providerelative to the security interest of collecting bank; to provide for thesecurity interest of issuer or nominated person; to provide fordocument of title to goods defeated in certain cases; to provide forthe effects of a commodity contract; to provide for determinationof control of a security entitlement; to provide for determination ofa securities intermediary's jurisdiction and when possession occurs;to provide for rights of purchaser in certain cases; to provide forconforming amendments; to repeal provisions relative to theschedule of fees; to repeal provisions relative to the assignment ofaccounts receivable; to repeal provisions relative to certainincorporeal rights and securitized financings; to repeal provisionsrelative to crop pledges; to repeal provisions relative to the pledgeor assignment of secured instruments; to repeal provisions relativeto chattel mortgages; to repeal provisions relative to the mortgageof movables used in commercial or industrial activity; to repealprovisions relative to certain mortgages executed by corporations
operating natural gas pipelines; to repeal provisions relative to thesale and chattel mortgaging of vehicles; and to provide for relatedmatters.
HOUSE BILL NO. 829—BY REPRESENTATIVES JOHNS AND KENNARD
to provide relative to eligibility for participation in the stateinsurance pool established to comply with the federal HealthInsurance Portability and Accountability Act; and to provide forrelated matters.
HOUSE BILL NO. 885—BY REPRESENTATIVES LEBLANC AND WALSWORTH AND SENATORDARDENNE
AN ACTTo amend and reenact R.S. 24:38(A)(1), relative to the Legislative
Budgetary Control Council; to provide for the membership on thecouncil; and to provide for related matters.
HOUSE BILL NO. 887—BY REPRESENTATIVE DEVILLIER
HOUSE BILL NO. 932—BY REPRESENTATIVES JOHNS AND ANSARDI
AN ACTTo enact Chapter 3-A of Title 45 of the Louisiana Revised Statutes of
1950, to be comprised of R.S. 45:141 through 146, relative tooverhead electric utility lines; to provide for restrictions andprohibited activities; to provide for temporary security of lines; toprovide for liability for damages; to provide for certain exemptions;and to provide for related matters.
HOUSE BILL NO. 972—BY REPRESENTATIVE MARTINY AND SENATOR CRAVINS
AN ACTTo amend and reenact R.S. 14:106(A)(1), relative to the crime of
obscenity; to provide for its application to prisons and jails; and toprovide for related matters.
HOUSE BILL NO. 992—BY REPRESENTATIVES HAMMETT, ALARIO, DARTEZ, DURAND,FARRAR, FAUCHEUX, HEATON, HUNTER, L. JACKSON, M. JACKSON,LANDRIEU, MONTGOMERY, AND ODINET
AN ACTTo enact the Louisiana Tax Delinquency Amnesty Act; to provide for
definitions; to require the Department of Revenue to establish a taxamnesty program as provided for in this Act; to provide for termsand conditions of the program; to provide for an effective date; andto provide for related matters.
HOUSE BILL NO. 1095—BY REPRESENTATIVE CLARKSON
AN ACTTo enact R.S. 37:1469, relative to real estate; to require contracts of sale
or lease to contain certain notices; to provide for prospectiveapplication; and to provide for related matters.
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HOUSE BILL NO. 1102— HOUSE BILL NO. 1421—BY REPRESENTATIVES LEBLANC AND DEWITT BY REPRESENTATIVES PIERRE AND THOMPSON
AN ACT AN ACTTo enact R.S. 14:71(A)(1)(e), relative to the crime of issuing worthless To amend and reenact R.S. 56:104(B)(4), relative to hunting and
checks; to provide that persons who issue checks, drafts, or orders fishing licenses; to provide for inclusion of WMA hunting permitto the state for payment of certain obligations are subject to such as a privilege of senior hunting and fishing licenses; and to providecrime; to provide for criminal penalties; to provide for an effective for related matters.date; and to provide for related matters.
HOUSE BILL NO. 1129 (Duplicate of Senate Bill No. 629)—BY REPRESENTATIVE PINAC AND SENATOR MICHOT ANDCOAUTHORED BY REPRESENTATIVES E. ALEXANDER, BRUCE,CLARKSON, CRANE, CROWE, DAMICO, DANIEL, DIEZ, ERDEY, FLAVIN,FRITH, FUTRELL, HEATON, JOHNS, KATZ, KENNARD, LANCASTER,LEBLANC, MCDONALD, MCMAINS, MORRELL, NEVERS, PERKINS,PIERRE, POWELL, SCHNEIDER, SCHWEGMANN, JANE SMITH, SNEED,STRAIN, WALSWORTH, WELCH, WOOTON, AND WINSTON ANDSENATORS FONTENOT, HOYT, SCHEDLER, SMITH, AND THOMAS
AN ACTTo amend and reenact R.S. 9:2771, 2772(A)(introductory paragraph)
and (B), 3144(A)(3), and 3146, relative to contractors; to providerelative to the liability of contractors for certain actions; to providerelative to peremptive periods for recovery of damages; to providerelative to a builder's warranty of a home and actions to enforcesuch warranties; and to provide for related matters.
HOUSE BILL NO. 1252—BY REPRESENTATIVE MORRISH
AN ACTTo amend and reenact R.S. 22:175(B)(7), relative to life insurance; to
provide for group life insurance; to provide for spouses andchildren; and to provide for related matters.
HOUSE BILL NO. 1284—BY REPRESENTATIVE CRANE AND SENATOR THEUNISSEN
AN ACTTo amend and reenact R.S. 17:1947(A)(9) and to enact R.S.
17:1943(12), relative to special education and related services forchildren with exceptionalities; to provide relative to responsibilitiesof local educational agencies in the provision of special educationand related services to such children; to provide for definitionsrelative to residency of such children; and to provide for relatedmatters.
HOUSE BILL NO. 1315—BY REPRESENTATIVE DAMICO
AN ACTTo amend and reenact R.S. 30:6.1(C), relative to the authority of the
commissioner of conservation; to provide relative to contracts torespond to a declared emergency; to provide for exemption fromcertain required bidding procedures; to provide for an informal bidprocess; and to provide for related matters.
HOUSE BILL NO. 1324—BY REPRESENTATIVE ERDEY
AN ACTTo amend and reenact R.S. 22:1070, relative to insurer's annual report;
to provide for signatures; and to provide for related matters.
HOUSE BILL NO. 1328—BY REPRESENTATIVE ERDEY
AN ACTTo amend and reenact R.S. 22:8(A) and R.S. 36:681(C)(1) and 688,
relative to the office of insurance rating; to provide for the nameof the office; and to provide for related matters.
HOUSE BILL NO. 1366—BY REPRESENTATIVE LANDRIEU
AN ACTTo authorize and provide for the state to sell and transfer certain
property situated in Orleans Parish to a nonprofit corporation; toprovide terms and conditions; to provide for an effective date; andto provide for related matters.
HOUSE BILL NO. 1422—BY REPRESENTATIVE JACK SMITH
AN ACTTo amend and reenact R.S. 56:55.2(A), relative to Department of
Wildlife and Fisheries enforcement agents; to provide relative tothe power and authority of such agents; to provide that graduatesof the Department of Wildlife and Fisheries enforcement trainingacademy shall be vested with general law enforcement powers;and to provide for related matters.
HOUSE BILL NO. 1430—BY REPRESENTATIVE PIERRE
AN ACTTo amend and reenact R.S. 56:649.1(A), relative to lifetime hunting
licenses; to add the WMA hunting permit to the privileges includedunder lifetime licenses; and to provide for related matters.
HOUSE BILL NO. 1431—BY REPRESENTATIVES SCHNEIDER, JOHNS, STELLY, DOWNER, ANDFLAVIN AND SENATORS BOISSIERE, DUPRE, GAUTREAUX, AND ULLO
AN ACTTo amend and reenact R.S. 11:122(introductory paragraph), 123, 124,
and 127(C) and to repeal R.S. 11:122(6), relative to the PublicRetirement Systems' Actuarial Committee; to provide with respectto membership and voting requirements, including but not limitedto the repeal of the position of independent actuary from thecommittee; to provide an effective date; and to provide for relatedmatters.
HOUSE BILL NO. 1471—BY REPRESENTATIVE WINSTON
AN ACTTo amend and reenact R.S. 15:574.12(B), relative to information on
offenders and ex-offenders; to provide for the release ofinformation to certain persons; and to provide for related matters.
HOUSE BILL NO. 1509—BY REPRESENTATIVE MORRISH
AN ACTTo amend and reenact R.S. 22:15, relative to the Department of
Insurance; to change the CAIRE Council; to create the LouisianaProperty and Casualty Insurance Commission; to provide formembership; to provide for ad hoc committees; to provide forduties and responsibilities; to provide for transacting business; toprovide for appointees and employees; to provide forcompensation; and to provide for related matters.
HOUSE BILL NO. 1580—BY REPRESENTATIVE WRIGHT
AN ACTTo enact R.S. 52:5, relative to the jurisdiction over lands sited in the
state but within the custody of the United States; to provide thatthe governor may give concurrent jurisdiction to the United Statesover lands under administration by the United States Departmentof Justice; and to provide for related matters.
HOUSE BILL NO. 1611 (Duplicate of Senate Bill No. 983)—BY REPRESENTATIVE FAUCHEUX AND SENATOR HEITMEIER
AN ACTTo amend and reenact R.S. 40:1749.17(B)(1) and 1749.24(A) and (D)
and to enact R.S. 40:1749.20(C), relative to the LouisianaUnderground Utilities and Facilities Damage Prevention Law; torequire excavators to notify emergency personnel when they
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damage underground utilities; to provide for punishment of House Bill No. 170violations that do not occur in the presence of a law enforcement Returned without amendments.officer; to provide for disbursement of civil penalties; and toprovide for related matters. House Bill No. 216
HOUSE BILL NO. 1659 (Duplicate of Senate Bill No. 982)—BY REPRESENTATIVE FAUCHEUX AND SENATOR HEITMEIER
AN ACTTo amend and reenact R.S. 40:1749.23, relative to the Louisiana
Underground Utilities and Facilities Damage Prevention Law; toprovide for enforcement; to provide for rules to implement aprocedure for reporting and investigating violations through acentralized complaint processing center; and to provide for relatedmatters.
HOUSE BILL NO. 1711—BY REPRESENTATIVE THOMPSON
AN ACTTo amend and reenact R.S. 3:3391.3(5) and (7) and 3391.5(B),
relative to the Formosan Termite Iniative; to provide fordefinitions; to provide for powers and duties of the commissioner;and to provide for related matters.
Respectfully submitted,
DONALD RAY KENNARDChairman
The above House Bills contained in the report were signed by theSpeaker of the House and taken to the Senate by the Clerk and weresigned by the President of the Senate and taken by the Clerk of theHouse to the Governor for executive approval.
Message from the Senate
HOUSE BILLS
May 16, 2001
To the Honorable Speaker and Members of the House ofRepresentatives:
I am directed to inform your honorable body that the Senate hasfinally passed the following House Bills:
House Bill No. 55Returned with amendments.
House Bill No. 65Returned without amendments.
House Bill No. 79Returned without amendments.
House Bill No. 85Returned without amendments.
House Bill No. 122Returned with amendments.
House Bill No. 126Returned without amendments.
House Bill No. 135Returned without amendments.
House Bill No. 164Returned without amendments.
Returned without amendments.
House Bill No. 246Returned without amendments.
House Bill No. 256Returned without amendments.
House Bill No. 281Returned with amendments.
House Bill No. 301Returned without amendments.
House Bill No. 329Returned without amendments.
House Bill No. 333Returned without amendments.
House Bill No. 364Returned with amendments.
House Bill No. 425Returned without amendments.
House Bill No. 445Returned without amendments.
House Bill No. 475Returned without amendments.
House Bill No. 480Returned without amendments.
House Bill No. 521Returned with amendments.
House Bill No. 566Returned without amendments.
House Bill No. 572Returned without amendments.
House Bill No. 603Returned without amendments.
House Bill No. 651Returned without amendments.
House Bill No. 654Returned without amendments.
House Bill No. 735Returned without amendments.
House Bill No. 856Returned without amendments.
House Bill No. 961Returned without amendments.
House Bill No. 1032Returned without amendments.
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House Bill No. 1050Returned without amendments.
House Bill No. 1091Returned without amendments.
House Bill No. 1498Returned with amendments.
House Bill No. 1590Returned with amendments.
House Bill No. 1627Returned with amendments.
House Bill No. 1630Returned without amendments.
House Bill No. 1692Returned without amendments.
House Bill No. 1697Returned without amendments.
House Bill No. 1745Returned without amendments.
House Bill No. 1754Returned without amendments.
House Bill No. 1796Returned with amendments.
House Bill No. 2043Returned without amendments.
Respectfully submitted,
MICHAEL S. BAER, IIISecretary of the Senate
Message from the Senate
ASKING CONCURRENCE INSENATE CONCURRENT RESOLUTIONS
May 16, 2001
To the Honorable Speaker and Members of the House ofRepresentatives:
I am directed to inform your honorable body that the Senate hasadopted and asks your concurrence in the following Senate ConcurrentResolutions:
Senate Concurrent Resolution No. 125
Respectfully submitted,
MICHAEL S. BAER, IIISecretary of the Senate
Suspension of the Rules
On motion of Rep. Robert Carter, the rules were suspended inorder to take up and consider Senate Concurrent Resolutions at thistime.
Senate Concurrent Resolutions
The following Senate Concurrent Resolutions contained in themessage were taken up and acted upon as follows:
SENATE CONCURRENT RESOLUTION NO. 125—BY SENATOR W. FIELDS
A CONCURRENT RESOLUTIONTo To commend and salute the Patient Relations Section of the Health
Care Services Division and the individual patient representativeswhose work has made the section a success.
Read by title.
On motion of Rep. Robert Carter, and under a suspension of therules, the resolution was concurred in.
Introduction of Resolutions,House and House Concurrent
The following members introduced the following entitled Houseand House Concurrent Resolutions, which were read the first time bytheir titles and placed upon the calendar for their second reading:
HOUSE RESOLUTION NO. 80—BY REPRESENTATIVE FUTRELL
A RESOLUTIONTo commend Bryan P. Glenn of Baton Rouge upon achieving the rank
of Eagle Scout.
Read by title.
On motion of Rep. Futrell, and under a suspension of the rules, theresolution was adopted.
HOUSE RESOLUTION NO. 81—BY REPRESENTATIVES DOWNER AND TOWNSEND
A RESOLUTIONTo commend Brother David Sinitiere upon his retirement as director of
the Louisiana School for Math, Science, and the Arts, to recognizeand record his myriad accomplishments and his remarkable
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contributions to his students, and to extend to him the best wishesof the House of Representatives as he embarks upon newchallenges and endeavors.
Read by title.
On motion of Rep. Downer, and under a suspension of the rules,the resolution was adopted. I am directed by your Committee on Administration of Criminal
HOUSE RESOLUTION NO. 82—BY REPRESENTATIVE MCVEA
A RESOLUTIONTo recognize June 2, 2001, as The Day the War Stopped and to provide
for suitable observance of the day.
Read by title.
On motion of Rep. McVea, and under a suspension of the rules,the resolution was adopted.
HOUSE RESOLUTION NO. 83—BY REPRESENTATIVE QUEZAIRE
A RESOLUTIONTo commend Mary Chauff of Donaldsonville Elementary School upon
her selection as Louisiana Elementary Principal of the Year andupon her retirement.
Read by title.
On motion of Rep. Quezaire, and under a suspension of the rules,the resolution was adopted.
HOUSE CONCURRENT RESOLUTION NO. 158—BY REPRESENTATIVE FAUCHEUX
A CONCURRENT RESOLUTIONTo establish a study committee to explore the possible creation of the
office of consumer advocate counsel in the Department of Justice.
Read by title.
Lies over under the rules.
HOUSE CONCURRENT RESOLUTION NO. 159—BY REPRESENTATIVES CLARKSON, WINSTON, BAUDOIN, BOWLER,BROOME, BRUCE, K. CARTER, DARTEZ, DEVILLIER, DOERGE, DURAND,HUTTER, ILES, L. JACKSON, KATZ, PRATT, SCHWEGMANN, JANE SMITH,SNEED, AND WELCH AND SENATORS BAJOIE, IRONS, AND MOUNT
A CONCURRENT RESOLUTIONTo commend Louisiana's own Corrine Claiborne "Lindy" Boggs, upon
the occasion of the Eleventh Annual Southern Women in PublicService conference and the presentation of the Lindy Boggs Awardto recognize a woman from the South who has demonstrated theideals of patriotism, courage, integrity, and leadership throughpublic service which so characterized the life and public servicecareer of Lindy Boggs.
Read by title.
On motion of Rep. Clarkson, and under a suspension of the rules,the resolution was adopted.
Ordered to the Senate.
Reports of Committees
The following reports of committees were received and read:
Report of the Committee onAdministration of Criminal Justice
May 16, 2001
To the Speaker and Members of the House of Representatives:
Justice to submit the following report:
House Bill No. 46, by MontgomeryReported with amendments. (9-0) (Regular)
House Bill No. 181, by RiddleReported with amendments. (6-0) (Regular)
House Bill No. 738, by FaucheuxReported with amendments. (6-0) (Regular)
House Bill No. 755, by LandrieuReported by substitute. (6-0) (Regular)
House Bill No. 881, by TownsendReported with amendments. (6-0) (Regular)
House Bill No. 884, by LandrieuReported favorably. (6-0) (Regular)
House Bill No. 1457, by MorrellReported with amendments. (4-1-1) (Regular)
House Bill No. 2018, by SneedReported with amendments. (9-0) (Regular)
Senate Concurrent Resolution No. 53, by CravinsReported with amendments. (6-0)
Senate Bill No. 29, by LentiniReported favorably. (8-0) (Regular)
Senate Bill No. 293, by LentiniReported favorably. (9-0) (Regular)
Senate Bill No. 349, by ChaissonReported favorably. (8-0) (Regular)
Senate Bill No. 665, by Bill JonesReported favorably. (6-0) (Regular)
Senate Bill No. 881, by ChaissonReported favorably. (5-3-1) (Regular)
Senate Bill No. 992, by UlloReported favorably. (6-0) (Regular)
DANIEL MARTINYChairman
The above Senate Bills reported favorably or with amendmentswere referred to the Legislative Bureau.
Report of the Committee on Appropriations
May 16, 2001
To the Speaker and Members of the House of Representatives:
I am directed by your Committee on Appropriations to submit thefollowing report:
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House Bill No. 1, by LeBlanc House Bill No. 1619, by FutrellReported with amendments. (16-0) (Regular) (Special Order) Reported favorably. (10-0) (Regular)
JERRY LUKE LEBLANC House Bill No. 1896, by Lydia JacksonChairman Reported with amendments. (11-0) (Regular)
Report of the Committee on Education
May 16, 2001
To the Speaker and Members of the House of Representatives: Chairman
I am directed by your Committee on Education to submit thefollowing report:
House Bill No. 369, by Frith May 16, 2001Reported without action with recommendation to recommit the bill to
the Committee on Appropriations. (10-0) To the Speaker and Members of the House of Representatives:
Senate Bill No. 52, by Theunissen I am directed by your Committee on House and GovernmentalReported favorably. (11-0) (Regular) Affairs to submit the following report:
Senate Bill No. 114, by Theunissen Senate Bill No. 123, by MaloneReported favorably. (13-0) (Regular) Reported with amendments. (10-0) (Regular)
Senate Bill No. 115, by Theunissen Senate Bill No. 360, by HainkelReported favorably. (13-0) (Regular) Reported with amendments. (8-0) (Regular)
Senate Bill No. 117, by Theunissen Senate Bill No. 465, by SmithReported favorably. (15-0) (Regular) Reported favorably. (9-0) (Regular)
Senate Bill No. 118, by Theunissen Senate Bill No. 490, by BoissiereReported with amendments. (15-0) (Regular) Reported favorably. (9-0) (Regular)
Senate Bill No. 283, by Theunissen Senate Bill No. 514, by JohnsonReported favorably. (15-0) (Regular) Reported with amendments. (9-0) (Regular)
Senate Bill No. 558, by Theunissen Senate Bill No. 622, by HainkelReported favorably. (14-0) (Regular) Reported favorably. (8-0) (Regular)
Senate Bill No. 690, by Hoyt Senate Bill No. 635, by HainkelReported favorably. (10-0) (Regular) Reported favorably. (8-0) (Regular)
Senate Bill No. 776, by Bill Jones Senate Bill No. 1087, by ThomasReported favorably. (11-0) (Regular) Reported favorably. (10-0) (Regular)
CARL CRANE CHARLES D. LANCASTER, JR.Chairman Chairman
The above Senate Bills reported favorably or with amendments The above Senate Bills reported favorably or with amendmentswere referred to the Legislative Bureau. were referred to the Legislative Bureau.
Report of the Committee on Health and Welfare Report of the Committee on Natural Resources
May 16, 2001 May 16, 2001
To the Speaker and Members of the House of Representatives: To the Speaker and Members of the House of Representatives:
I am directed by your Committee on Health and Welfare to submit I am directed by your Committee on Natural Resources to submitthe following report: the following report:
House Concurrent Resolution No. 124, by Winston House Concurrent Resolution No. 129, by PitreReported favorably. (12-0) Reported favorably. (9-0)
House Concurrent Resolution No. 141, by Winston House Bill No. 1010, by ThompsonReported favorably. (12-0) Reported with amendments. (9-0) (Regular)
House Concurrent Resolution No. 142, by Winston House Bill No. 1895, by PierreReported favorably. (12-0) Reported with amendments. (9-0) (Regular)
House Bill No. 1985, by ShawReported with amendments. (13-0) (Regular)
RODNEY ALEXANDER
Report of the Committee onHouse and Governmental Affairs
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Senate Concurrent Resolution No. 49, by McPhersonReported favorably. (10-0)
Senate Concurrent Resolution No. 50, by McPhersonReported favorably. (10-0)
Senate Concurrent Resolution No. 52, by McPhersonReported with amendments. (10-0)
Senate Bill No. 338, by DupreReported favorably. (8-0) (Regular)
Senate Bill No. 359, by McPhersonReported favorably. (11-0) (Regular)
Senate Bill No. 474, by SmithReported favorably. (10-0) (Regular)
Senate Bill No. 650, by DupreReported favorably. (9-0) (Regular)
Senate Bill No. 928, by GautreauxReported favorably. (9-0) (Regular)
Senate Bill No. 1005, by McPhersonReported with amendments. (11-0) (Regular)
WILFRED PIERREChairman
The above Senate Bills reported favorably or with amendmentswere referred to the Legislative Bureau.
Suspension of the Rules
On motion of Rep. Broome, the rules were suspended to permitthe Committee on Municipal, Parochial and Cultural Affairs to meet onThursday, May 17, 2001, and consider the following legislativeinstruments that were not listed on the weekly committee schedule asrequired by House Rule 14.23:
House Concurrent Resolution No. 155
Suspension of the Rules
On motion of Rep. Guillory, the rules were suspended to permitthe Committee on Labor and Industrial Relations to meet on Thursday,May 17, 2001, and consider the following legislative instruments thatwere not listed on the weekly committee schedule as required by HouseRule 14.23:
House Bill No. 1195
Adjournment
On motion of Rep. Kenney, at 6:30 P.M., the House agreed toadjourn until Thursday, May 17, 2001, at 1:00 P.M.
The Speaker of the House declared the House adjourned until 1:00P.M., Thursday, May 17, 2001.
ALFRED W. SPEERClerk of the House