OFFICIAL JOURNAL OF THE SENATEsenate.legis.state.la.us/SessionInfo/Archives/1998RS/RegularJournals/journj1.pdfOFFICIAL JOURNAL OF THE SENATE OF THE STATE OF LOUISIANA _____ ELEVENTH

OFFICIAL JOURNALOF THE

SENATEOF THE

STATE OF LOUISIANA_______

ELEVENTH DAY'S PROCEEDINGS_______Twenty-Fourth Regular Session of the Legislature

Under the Adoption of theConstitution of 1974

_______Senate Chamber

State CapitolBaton Rouge, Louisiana

Monday, June 1, 1998

The Senate was called to order at 4:00 o'clock P.M., by Hon.Randy Ewing, President of the Senate.

ROLL CALL

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

PRESENT

Mr. President Ellington LambertBagneris Fields C LandryBajoie Fields W LentiniBarham Greene MaloneBean Hainkel RomeroBranch Heitmeier SchedlerCain Hines ShortCampbell Hollis SiracusaCox Irons SmithCravins Johnson TarverDardenne Jones TheunissenDyess Jordan Ullo Total—36

ABSENT

Casanova Dean Robichaux Total—3

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

Prayer

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

Reading of the Journal

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

Morning Hour

Petitions, Memorials andCommunications

The following petitions, memorials and communications werereceived and read:

State of LouisianaOffice of Governor

M.J. "Mike" Foster, Jr.Baton Rouge

May 28, 1998

The Honorable President and Members of the Senate

Ladies and Gentlemen:

I have appointed Mr. James C. Bertrand to the State MineralBoard.

In compliance with Article IV, Section 5(H)(3) of the LouisianaConstitution of 1974, I do hereby present this name for your review.

Sincerely,M.J. "MIKE" FOSTER, JR.

Governor

State of LouisianaOffice of the GovernorM.J. "Mike" Foster, Jr.

June 1, 1998

The Honorable President and Members of the Senate

Ladies and Gentlemen:

In compliance with Article IV, Section 5(H)(3) of the LouisianaConstitution of 1974, Mr. S.P. Davis has been appointed and previouslysubmitted for your consideration to serve on the Board of Directors ofthe Louisiana State Lottery Corp.

However, I wish for the confirmation to be stopped and the namewithdrawn from submission.

Sincerely,M.J. "MIKE" FOSTER, JR.

Governor

City of OpelousasMichael R. Thibodeaux

Mayor

May 13, 1998

Senate and Governmental Affairs CommitteePresident of the Senate, Randy EwingPost Office Box 94183Baton Rouge, LA 70804

Dear Mr. Ewing:

This letter is to advise you that Mr. Salvador Diesi and Mr. AlvinHaynes have been reappointed to the Greater Krotz Springs PortCommission. This appointment was effective May 4, 1998.

I am asking that this appointment be confirmed during this regularsession of the Senate.

Thank you kindly.

Sincerely,MICHAEL R. THIBODEAUX

Secretary of StateState of LouisianaW. Fox McKeithen

May 26, 1998

Honorable President and Members of the Senate

RE: Regional Museum Governing Board of the Louisiana State Exhibit Museum

Gentlemen:

Page 2 SENATE 11th DAY'S PROCEEDINGSJune 1, 1998

Pursuant to R.S. 25:379.1 I hereby submit the following membersof the board for confirmation: Cheryl Mitchell Billups

James Gardner 4 year term West Monroe, La 71291214 Clearwood LaneShreveport, LA 71105

L. Clay Brock 2-year term 739 N. Theater St. 1033 Kimble Dr.2401 Melrose Avenue St. Martinville, La 70582 Breaux Bridge, La 70517Bossier City, LA 71111-5929

Your attention to this matter is greatly appreciated. Henry Joseph Sauviac, III Loretta N. Hitt

Sincerely, Slidell, La 70458 Maurice, La 70555W. FOX McKEITHEN

Secretary of State State of Louisiana

State of Louisiana Baton RougeOffice of the Governor

Baton Rouge May 27, 1998

June 1, 1998 To the Honorable President and members of the Senate:

To the Honorable President and members of the Senate: Please be advised that the following individuals have been

Please be advised that the following individuals have been 21, 1998. In compliance with Article IV, Section 5(H)(3) of thecommissioned as Notaries Public for the parishes indicated through May Louisiana Constitution of 1974, I do hereby present them for your28, 1998. In compliance with Article IV, Section 5(H)(3) of the review.Louisiana Constitution of 1974, I do hereby present them for yourreview. Sincerely,

Sincerely,M.J. "Mike" Foster, Jr.

Caddo GrantElaine B. Daniels F. Morrison Crowley, La 70527-0289 Branch, La 70516404 Merrick St. 147 Milligan Rd.Shreveport, La 71107 Colfax, La 71417

IberiaNicholas J. Markowich Kinder, La 70648 Marksville, La 71351201 Pollard Ave.New Iberia, La 70563

JeffersonMarilyn G. Pepper Charles C. Zatarain, III Dequincy, La 70633 Dequincy, La 706332500 Paris Rd. 2955 Ridgelake Dr., Ste. 208Chalmette, La 70043 Metairie, La 70002 Rebecca S. Vincent

Lafayette LafourcheJ. Quentin Simon Eydie D. Pertuit304 Glade Blvd. P. O. Box 249Lafayette, La 70506 Raceland, La 70394 Mary J. Able Billy J. Allen

MadisonJames William Deweese100 N. Cedar Shari A. Allen Harvetta S. ColvinTallulah, La 71282 920 Fairview St. 509 Marshall St., Ste. 825

OrleansJanice M. Kuo Elaine K. Muller Deanna D. Fitts Diane L. Foster1250 Poydras St., Ste. 400 113 Bishops Dr. 515 Spring St. 1919 Highland Ave., Apt. DNew Orleans, La 70113-1812 Slidell, La 70458 Shreveport, La 71101 Shreveport, La 71101

Michael H. Pinkerton Corolyn Milton Grant Chrissy A. HarvillP. O. Box 60643 610 Texas St., Ste. 450 3464 Coldwell St.New Orleans, La 70160-0643 Shreveport, La 71101 Shreveport, La 71105

Ouachita

2106 N. Seventh St., Ste. 332

St. MartinMarian B. Melancon Judy D. Nielsen

St. Tammany Vermilion

300 Schwegmann Blvd. 6816 Steamboat Ln.

Office of the Governor

commissioned as Notaries Public for the parishes indicated through May

M.J. "Mike" Foster, Jr.

AcadiaMelvin P. Clay, Jr. Christine A. TrahanP. O. Box 289 9404 Schultz Rd.

Allen AvoyellesJoseph Rayford Aucoin Miche' Moreau1116 9th St. 208 E. Mark St.

BeauregardLanell Lyles Jean F. MccaigP. O. Box 1056 P. O. Box 1056

P. O. Box 1056Dequincy, La 70633

Caddo

P. O. Drawer 1126 2640 Youree Dr.Shreveport, La 71163 Shreveport, La 71104

Shreveport, La 71104 Shreveport, La 71101

Rachel D. Hauser Frances W. Henley9668 Mccain Rd. 8942 BrandonShreveport, La 71107 Shreveport, La 71118

11th DAY'S PROCEEDINGS Page 3 SENATEJune 1, 1998

Bobbie Jones Chester T. Kelley James E. Shields, Jr. Shelly Thibodeaux2803 Valley Ridge Rd. 401 Sandefur Dr. #30 New England Ct. 1546 Gretna Blvd.Shreveport, La 71108 Shreveport, La 71105 Gretna, La 70053 Harvey, La 70058

Julie Kyle Deanna Millican9045 Kingston Rd., #2605 742 Cecile Pl. Jeff W. ElmoreShreveport, La 71118 Shreveport, La 71106 504 Ayreshire

Patti Pernici Cynthia Aillet Pettiette5830 Fern Ave. 6425 Youree Dr., Ste. 140Shreveport, La 71105 Shreveport, La 71105 Jane S. Bordes Lawrence R. Demarcay, III

Jennifer Radcliff Melvin H. Reagan New Orleans, La 70130 New Orleans, La 701635235 Greenwood Rd. 400 Travis St., Ste. 2004Shreveport, La 71109 Shreveport, La 71101 J. Don Kelly, Jr. Kevin A. Marks

Michael B. Rennix Teresa K. Sanderson New Orleans, La 70130 New Orleans, La 70139P. O. Box 7235 P. O. Box 5293Shreveport, La 71137-1111 Bossier City, La 71171 Stacy Lee Patton Carol Welborn Reisman

Bryan Shelby F. Scott Straub New Orleans, La 70130 New Orleans, La 70139-50995720 S. Lakeshore, #704 2800 Youree Dr., Ste. A-380Shreveport, La 71119 Shreveport, La 71104 Robert P. Vining

Nan Wheat Susan S. White New Orleans, La 701301846 Fairfield Ave., #311 248 Patton Ave.Shreveport, La 71101 Shreveport, La 71105

Margie Wiggins James R. Wilson 203 Idaho Dr. 119 Fairlane Dr.8221 Green Leaf Ln. 147 E. Elmwood St. Monroe, La 71202 West Monroe, La 71291Shreveport, La 71118 Shreveport, La 71104

CalcasieuDee Etta Salvador Heather Michelle Simon 9945 Hwy. 1 P. O. Box 11590917 Lilliput 2609 Aster Lettsworth, La 70753 Alexandria, La 71315-1590Sulphur, La 70663 Lake Charles, La. 70601

CameronToby J. Aguillard Tammy Gaspard P. O. Box 792 P. O. Box 792P. O. Box 1428 P. O. Box 1250 Opelousas, La 70570 Opelousas, La 70570Cameron, La 70631 Cameron, La 70631

East Baton RougeMarci Blaize Jennifer Del Murray P. O. Box 1329 40734 Chinchas Creek Rd.1415 Hood Ave. 9100 Bluebonnet Centre, Ste. 500 Covington, La 70434 Slidell, La 70461Baton Rouge, La 70808 Baton Rouge, La 70809

Terry M. Irby Karen Trevathan Richards 70367 F St. 7121 Meadowbrook Dr.7809 Jefferson Hwy., Ste. B-3 P. O. Box 987 Covington, La 70433 Mandeville, La 70471-7409Baton Rouge, La 70809 Baton Rouge, La 70821

JeffersonDewitt R. Bedwell Raylyn Reine Beevers Covington, La 70434 Slidell, La 70458100 Huey P. Long Ave. 210 Huey P. Long Ave.Gretna, La 70053 Gretna, La 70053

Lisa A. Colby Ralph E. Dunne, Jr. 10270 Webb Rd. 205 N. State St.2721 Division St. P. O. Box 327 Hammond, La 70403 Abbeville, La 70510Metairie, La 70002 Gretna, La 70054

A. J. Gardner, III Debra A. Gauthreaux Ellen M. Creel Elmer W. Parker6380 Jefferson Hwy. P. O. Box 327 23532 E. Fairgrounds Rd. Classification; Main PrisonHarahan, La 70123 Gretna, La 70054 Franklinton, La 70438 Angola, La 70712

Joel A. Lacaze Paige D. Lane100 Huey P. Long Ave. 3900 N. Causeway, Ste. 1400Gretna, La 70053 Metairie, La 70002

Jerry D. Lewis Michelle E. Scott-bennettP. O. Box 327 1500 Lafayette St., Ste. 140-aGretna, La 70054 Gretna, La 70053

Lafayette

Lafayette, La 70503

Orleans

328 Lafayette St. 1100 Poydras St., #2150

704 Carondelet St. One Shell Sq., Ste. 4040

400 Lafayette St., Ste. 200 701 Poydras St., Ste. 5000

322 Lafayette St.

OuachitaIra Brown Michael Lee Dubos

Pointe Coupee RapidesDarren John Landry Rodney Cabrera

St. LandryScott Aymond Mark Guidry

St. TammanyDiane D. Bilbo Docia L. Lagrange

William J. Larzelere III Robert J. Martin

Derek Shants Steven E. TealP. O. Box 1329 1502 Eastwood Dr.

Tangipahoa VermilionChristopher Carey Sziber Glenn R. Kirby, Jr.

Washington West Feliciana

Messages from the House

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


Message from the House

CONCURRING INSENATE CONCURRENT RESOLUTIONS

June 1, 1998

To the Honorable President and Members of the Senate:

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

SENATE CONCURRENT RESOLUTION NO. 21—BY SENATOR HINES AND REPRESENTATIVE R. ALEXANDER

A CONCURRENT RESOLUTIONTo direct the attorney general to challenge the legality and

constitutionality of the final rule governing the operation of theOrgan Procurement and Transplantation Network which waspromulgated by the United States Department of Health andHuman Services, Health Resources and Services Administrationon April 2, 1998, and to direct the secretary of the Department ofHealth and Hospitals to issue a formal comment letter to thesecretary of the Department of Health and Human Servicesobjecting to the enactment of such rule and to the authority of thesecretary to promulgate the rule and preempt Louisiana's laws andregulations on organ donation and allocation.

Reported without amendments.

SENATE CONCURRENT RESOLUTION NO. 23—BY SENATORS HINES, IRONS, SCHEDLER, BAJOIE, BARHAM, BEAN,BRANCH, CAIN, CAMPBELL, CRAVINS, DARDENNE, DEAN, DYESS, SENATE CONCURRENT RESOLUTION NO. 43—ELLINGTON, EWING, W. FIELDS, HOLLIS, JOHNSON, LENTINI,ROBICHAUX, ROMERO, SHORT, SMITH, THEUNISSEN AND ULLO ANDREPRESENTATIVES R. ALEXANDER, WINSTON, CLARKSON, MCCALLUMAND THOMAS

A CONCURRENT RESOLUTIONTo create the Gene Therapy Research Center Task Force to study the

feasibility of developing a nationally prominent gene therapyresearch center in the greater metropolitan New Orleans area.

Reported with amendments.

SENATE CONCURRENT RESOLUTION NO. 30—BY SENATOR C FIELDS

A CONCURRENT RESOLUTIONTo create and provide a special committee, called the Nursing Assistants

Study Committee, to study and make recommendations to thelegislature on the compensation of nursing assistants and itsrelationship to job performance.


Respectfully submitted,ALFRED W. SPEER

Clerk of the House of Representatives

Introduction of Resolutions,Senate and Concurrent

Senator Bagneris asked for and obtained a suspension of the rulesfor the purpose of introducing and reading the following Resolutions,Senate and Concurrent, a first and second time and acting upon them asfollows:

SENATE RESOLUTION NO. 23—BY SENATOR C. FIELDS

A RESOLUTIONTo urge and request the Senate Committee on Education to study the

various aspects of the criterion-referenced tests administered inpublic high schools as part of the Louisiana EducationalAssessment Program [LEAP], passage of all parts of which are

required for graduation from a public high school, and the effecton those students who are unable to receive a diploma who havecompleted the required minimum units of credit for graduation andall other graduation requirements as mandated by the State Boardof Elementary and Secondary Education but have failed to pass allparts of such examinations.

On motion of Senator C. Fields, the resolution was read by title andadopted.

SENATE RESOLUTION NO. 24—BY SENATOR GREENE

A RESOLUTIONTo urge and request the state Department of Education to collect, study

and analyze data from the local school systems on Gayle pay andsabbatical leave and to report the findings to the Senate Committeeon Education by March 1, 1999.

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

SENATE RESOLUTION NO. 25—BY SENATOR BARHAM

A RESOLUTIONTo commend Billy Joe Watkins upon his retirement and acknowledge

his numerous contributions to cattle research and the cattleindustry.

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

BY SENATOR BAJOIE AND REPRESENTATIVE PRATTA CONCURRENT RESOLUTION

To request the Democratic National Committee to select New Orleansas the site of the 2000 national nominating convention of theDemocratic Party and to express the full support of the Legislatureof Louisiana for selection of the city as the convention site.

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

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Dardenne JonesBajoie Dyess LentiniBarham Ellington SchedlerBean Fields C ShortBranch Fields W SiracusaCain Greene SmithCampbell Heitmeier TarverCasanova Hines TheunissenCox Hollis UlloCravins Irons Total—29

NAYS

Total—0ABSENT

Bagneris Jordan RobichauxDean Lambert RomeroHainkel LandryJohnson Malone Total—10


The Chair declared the Senate had adopted the Senate Concurrent Bajoie Fields C LentiniResolution and ordered it sent to the House. Barham Fields W Romero

Personal Privilege

Senator Romero asked for and obtained the floor of the Senate ona point of personal privilege, and stated he appeared as absent on thevote on Senate Concurrent Resolution No. 43. He had intended to voteyea on the resolution. He asked that the Official Journal so state.

SENATE CONCURRENT RESOLUTION NO. 44—BY SENATOR ROMERO

A CONCURRENT RESOLUTIONTo urge and request the Department of Transportation and

Development, the Louisiana Transportation Research Center,Louisiana State University, the Louisiana Transportation ResearchCenter Foundation, Inc. and private sector transportation entitiesto develop a public-private partnership for the planning,development, and construction of a transportation training andeducational facility.

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

ROLL CALL


YEAS

Mr. President Ellington LandryBajoie Fields C LentiniBarham Fields W RomeroBean Greene SchedlerBranch Hainkel ShortCain Heitmeier SmithCampbell Hines TarverCox Hollis TheunissenCravins Irons UlloDardenne JohnsonDyess Jones Total—31

NAYS

Total—0ABSENT

Bagneris Jordan RobichauxCasanova Lambert SiracusaDean Malone Total—8

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

SENATE CONCURRENT RESOLUTION NO. 45—BY SENATOR DARDENNE

A CONCURRENT RESOLUTIONTo commend Karen McKay on being named Louisiana Elementary

Student of the Year for 1997-1998.

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

ROLL CALL


YEAS

Mr. President Ellington Landry

Bean Greene SchedlerBranch Hainkel ShortCain Heitmeier SiracusaCampbell Hines SmithCox Hollis TarverCravins Irons TheunissenDardenne Johnson UlloDyess Jones Total—32

NAYS

Total—0ABSENT

Bagneris Jordan RobichauxCasanova LambertDean Malone Total—7


SENATE CONCURRENT RESOLUTION NO. 46—BY SENATOR DYESS

A CONCURRENT RESOLUTIONTo urge and request the Citizens' Stamp Advisory Committee to review

public awareness and education involving the subject of childabuse and recommend issuance of a commemorative United Statespostage stamp.

The resolution was read by title. Senator Dyess moved to adopt theSenate Concurrent Resolution.

ROLL CALL


YEAS

Mr. President Ellington LandryBajoie Fields C LentiniBarham Fields W RomeroBean Greene SchedlerBranch Hainkel ShortCain Heitmeier SiracusaCampbell Hines SmithCox Hollis TarverCravins Irons TheunissenDardenne Johnson UlloDyess Jones Total—32

NAYS

Total—0ABSENT




SENATE CONCURRENT RESOLUTION NO. 47— SENATE CONCURRENT RESOLUTION NO. 50—BY SENATOR ELLINGTON BY SENATOR ULLO

A CONCURRENT RESOLUTION A CONCURRENT RESOLUTIONTo suspend until sixty days after final adjournment of the 1999 Regular To create and provide for the FINS Juvenile Justice Task Force to make

Session of the Legislature of Louisiana that portion of R.S. recommendations for devising a formula for the equitable27:91(B) and (C) and 92(A), relative to the authority of the distribution of state funds for the administration of the Families inriverboat gaming division of the office of state police in the Need of Services program throughout Louisiana's forty-one judicialDepartment of Public Safety and Corrections to collect certain district courts.revenues only insofar as that authority applies to any gamingriverboat license that has not been issued on the effective date of The resolution was read by title. Senator Ullo moved to adopt thethis Resolution. Senate Concurrent Resolution.

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

SENATE CONCURRENT RESOLUTION NO. 48—BY SENATOR C. FIELDS

A CONCURRENT RESOLUTIONTo create the Task Force on Statewide Public Transportation; to study

the public transportation network throughout the state; todetermine deficiencies within such transportation system; and toestablish a plan of action based on methods to improve the publictransportation network.

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

ROLL CALL


YEAS

Bajoie Ellington LandryBarham Fields C LentiniBean Fields W RomeroBranch Greene SchedlerCain Hainkel ShortCampbell Heitmeier SiracusaCasanova Hines SmithCox Hollis TarverCravins Irons TheunissenDardenne Johnson UlloDyess Jones Total—32

NAYS

Total—0ABSENT

Mr. President Jordan RobichauxBagneris LambertDean Malone Total—7


SENATE CONCURRENT RESOLUTION NO. 49—BY SENATOR SIRACUSA

A CONCURRENT RESOLUTIONTo direct the Louisiana Department of Environmental Quality to

enforce compliance with federal and state regulations onunderground storage tank systems.

On motion of Senator Bagneris, the resolution was read by title and BAYLOR, CARTER, CLARKSON, COPELIN, CURTIS, DAMICO, DANIEL,referred to the Committee on Environmental Quality.

ROLL CALL


YEAS

Mr. President Ellington LentiniBajoie Fields C RobichauxBarham Fields W RomeroBean Greene SchedlerBranch Hainkel ShortCain Heitmeier SiracusaCampbell Hines SmithCasanova Hollis TarverCox Irons TheunissenCravins Johnson UlloDardenne JonesDyess Landry Total—34

NAYS

Total—0ABSENT

Bagneris Jordan MaloneDean Lambert Total—5





ASKING CONCURRENCE INHOUSE CONCURRENT RESOLUTIONS

June 1, 1998


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

HOUSE CONCURRENT RESOLUTION NO. 73—BY REPRESENTATIVES KENNARD, BRUCE, DIEZ, FONTENOT, HOLDEN,LONG, MCDONALD, PERKINS, POWELL, QUEZAIRE, ROMERO, SALTER,THOMPSON, TRAVIS, DOWNER, A. ALEXANDER, R. ALEXANDER,

DIMOS, DONELON, DUPRE, DURAND, FAUCHEUX, FLAVIN, FRITH,GAUTREAUX, GUILLORY, HUDSON, HUNTER, ILES, JOHNS, KENNEY,LANCASTER, MCMAINS, MITCHELL, MONTGOMERY, MORRELL,MORRISH, MURRAY, PIERRE, PINAC, PRATT, ROUSSELLE,SCHWEGMANN, JACK SMITH, JOHN SMITH, STELLY, STRAIN, THOMAS,TOOMY, TRICHE, VITTER, WADDELL, WARNER, WELCH, WIGGINS,WILLARD, AND WRIGHT


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

Education to adopt and submit for legislative approval a revisedminimum foundation program formula for the 1998-1999 schoolyear that provides for salary increases for all public elementary andsecondary school employees who are required as a condition ofemployment to hold a valid Louisiana teaching certificate.

HOUSE CONCURRENT RESOLUTION NO. 87—BY REPRESENTATIVES KENNEY AND WALSWORTH

A CONCURRENT RESOLUTIONTo acknowledge the many accomplishments of Governor John J.

McKeithen and extend sincere congratulations on the occasion ofhis eightieth birthday.

HOUSE CONCURRENT RESOLUTION NO. 74—BY REPRESENTATIVE LONG AND SENATOR SMITH

A CONCURRENT RESOLUTIONTo commend the city of Natchitoches, through its mayor and

councilmen for their leadership and commitment to excellencewhich has resulted in the city's recognition as one of the top sixUnited States cities for retirement, all based on criteria which canbe best described as traditional values that all Americans hold inesteem as part of our national culture.

HOUSE CONCURRENT RESOLUTION NO. 75—BY REPRESENTATIVE BRUCE

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

death of Mrs. Mae Donaho McFerren of Shreveport.

HOUSE CONCURRENT RESOLUTION NO. 76—BY REPRESENTATIVE QUEZAIRE


Education to adopt and implement the national agricultureeducation program entitled "Ag in the Classroom" so that studentswill have a readily available resource for information about thevarious aspects of agriculture.

HOUSE CONCURRENT RESOLUTION NO. 43—BY REPRESENTATIVES R. ALEXANDER, CLARKSON, MCCALLUM,THOMPSON, WIGGINS, AND WILKERSON

A CONCURRENT RESOLUTIONTo urge and request the secretary of the Department of Health and

Hospitals to modify the medical assistance estate recovery programguidelines to provide for a homestead exemption of fifty thousanddollars and to permit the deduction of automobile insurance andmaintenance expenses from the estimated value of an estate.

HOUSE CONCURRENT RESOLUTION NO. 18—BY REPRESENTATIVE HAMMETT

A CONCURRENT RESOLUTIONTo request the House Committee on Administration of Criminal Justice

and the Senate Committee on Judiciary C to meet and to functionas a joint committee to study the problems of funding and workoverloads of Louisiana's probation and parole officers and toconsider the possible transfer of probation supervision to localjudicial districts.

HOUSE CONCURRENT RESOLUTION NO. 42—BY REPRESENTATIVE MCCAIN


and the Senate Committee on Judiciary C to meet and to functionas a joint committee to study and make recommendations withrespect to the legal representation of persons confined on deathrow in Louisiana.

HOUSE CONCURRENT RESOLUTION NO. 44—BY REPRESENTATIVES WILKERSON AND WIGGINS AND SENATORIRONS

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

acute care hospitals to have stroke plans and for state medicalcenters in New Orleans and Shreveport to become comprehensivestroke centers.

HOUSE CONCURRENT RESOLUTION NO. 48—BY REPRESENTATIVES THOMPSON AND R. ALEXANDER

A CONCURRENT RESOLUTIONTo urge and request the Medical Vendor Program in the Department

of Health and Hospitals to limit prescriptions written for SildenafilCitrate, commonly referred to as Viagra.

HOUSE CONCURRENT RESOLUTION NO. 62—BY REPRESENTATIVES R. ALEXANDER AND ILES

A CONCURRENT RESOLUTIONTo urge and request the office of public health to modify the

immunization schedule to require that all students be immunizedagainst Hepatitis B.

HOUSE CONCURRENT RESOLUTION NO. 80—BY REPRESENTATIVE JOHN SMITH

A CONCURRENT RESOLUTIONTo commend Secretary Jack Caldwell and the Louisiana Department of

Natural Resources for establishing the National Outreach Programon behalf of Louisiana coastal wetlands.


A CONCURRENT RESOLUTIONTo commend Chef Paul Prudhomme for his participation in the

National Outreach Program on behalf of Louisiana coastalwetlands established by the state Department of Natural Resources.


A CONCURRENT RESOLUTIONTo commend Aaron Neville for his participation in the National

Outreach Program on behalf of Louisiana coastal wetlandsestablished by the state Department of Natural Resources.


A CONCURRENT RESOLUTIONTo commend Harry Connick, Jr. for his participation in the National


HOUSE CONCURRENT RESOLUTION NO. 84—BY REPRESENTATIVE DANIEL

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

Department of Social Services to work together to ensure thatcomprehensive mental health services, both treatment andpreventive, are provided to the foster care children in the state ofLouisiana.


A CONCURRENT RESOLUTIONTo commend the Jim Henson Company and muppet Kermit the Frog

for their participation in the National Outreach Program on behalfof Louisiana coastal wetlands established by the state Departmentof Natural Resources.




House Concurrent Resolutions

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

HOUSE CONCURRENT RESOLUTION NO. 18—BY REPRESENTATIVE HAMMETT


and the Senate Committee on Judiciary C to meet and to functionas a joint committee to study the problems of funding and workoverloads of Louisiana's probation and parole officers and toconsider the possible transfer of probation supervision to localjudicial districts.

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

HOUSE CONCURRENT RESOLUTION NO. 42—BY REPRESENTATIVE MCCAIN


and the Senate Committee on Judiciary C to meet and to functionas a joint committee to study and make recommendations withrespect to the legal representation of persons confined on deathrow in Louisiana.

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

HOUSE CONCURRENT RESOLUTION NO. 43—BY REPRESENTATIVES R. ALEXANDER, CLARKSON, MCCALLUM,THOMPSON, WIGGINS, AND WILKERSON

A CONCURRENT RESOLUTIONTo urge and request the secretary of the Department of Health and

Hospitals to modify the medical assistance estate recovery programguidelines to provide for a homestead exemption of fifty thousanddollars and to permit the deduction of automobile insurance andmaintenance expenses from the estimated value of an estate.

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

HOUSE CONCURRENT RESOLUTION NO. 44—BY REPRESENTATIVES WILKERSON AND WIGGINS AND SENATORIRONS

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

acute care hospitals to have stroke plans and for state medicalcenters in New Orleans and Shreveport to become comprehensivestroke centers.


HOUSE CONCURRENT RESOLUTION NO. 48—BY REPRESENTATIVES THOMPSON AND R. ALEXANDER

A CONCURRENT RESOLUTIONTo urge and request the Medical Vendor Program in the Department

of Health and Hospitals to limit prescriptions written for SildenafilCitrate, commonly referred to as Viagra.


HOUSE CONCURRENT RESOLUTION NO. 62—BY REPRESENTATIVES R. ALEXANDER AND ILES

A CONCURRENT RESOLUTIONTo urge and request the office of public health to modify the

immunization schedule to require that all students be immunizedagainst Hepatitis B.


HOUSE CONCURRENT RESOLUTION NO. 73—BY REPRESENTATIVES KENNARD, BRUCE, DIEZ, FONTENOT, HOLDEN,LONG, MCDONALD, PERKINS, POWELL, QUEZAIRE, ROMERO, SALTER,THOMPSON, TRAVIS, DOWNER, A. ALEXANDER, R. ALEXANDER,BAYLOR, CARTER, CLARKSON, COPELIN, CURTIS, DAMICO, DANIEL,DIMOS, DONELON, DUPRE, DURAND, FAUCHEUX, FLAVIN, FRITH,GAUTREAUX, GUILLORY, HUDSON, HUNTER, ILES, JOHNS, KENNEY,LANCASTER, MCMAINS, MITCHELL, MONTGOMERY, MORRELL,MORRISH, MURRAY, PIERRE, PINAC, PRATT, ROUSSELLE,SCHWEGMANN, JACK SMITH, JOHN SMITH, STELLY, STRAIN, THOMAS,TOOMY, TRICHE, VITTER, WADDELL, WARNER, WELCH, WIGGINS,WILLARD, AND WRIGHT


Education to adopt and submit for legislative approval a revisedminimum foundation program formula for the 1998-1999 schoolyear that provides for salary increases for all public elementary andsecondary school employees who are required as a condition ofemployment to hold a valid Louisiana teaching certificate.

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

HOUSE CONCURRENT RESOLUTION NO. 74—BY REPRESENTATIVE LONG AND SENATOR SMITH

A CONCURRENT RESOLUTIONTo commend the city of Natchitoches, through its mayor and

councilmen for their leadership and commitment to excellencewhich has resulted in the city's recognition as one of the top sixUnited States cities for retirement, all based on criteria which canbe best described as traditional values that all Americans hold inesteem as part of our national culture.

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

ROLL CALL


YEAS

Mr. President Dyess JonesBajoie Ellington LandryBarham Fields C LentiniBean Fields W RomeroBranch Greene SchedlerCain Hainkel ShortCampbell Heitmeier SiracusaCasanova Hines SmithCox Hollis TarverCravins Irons TheunissenDardenne Johnson Ullo Total—33

NAYS

Total—0ABSENT

Bagneris Jordan MaloneDean Lambert Robichaux Total—6

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


HOUSE CONCURRENT RESOLUTION NO. 75—BY REPRESENTATIVE BRUCE

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

death of Mrs. Mae Donaho McFerren of Shreveport.

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

ROLL CALL


YEAS


NAYS

Total—0ABSENT

Bagneris Jordan MaloneDean Lambert Robichaux Total—6 The roll was called with the following result:

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

HOUSE CONCURRENT RESOLUTION NO. 76—BY REPRESENTATIVE QUEZAIRE


Education to adopt and implement the national agricultureeducation program entitled "Ag in the Classroom" so that studentswill have a readily available resource for information about thevarious aspects of agriculture.



A CONCURRENT RESOLUTIONTo commend the Jim Henson Company and muppet Kermit the Frog

for their participation in the National Outreach Program on behalfof Louisiana coastal wetlands established by the state Departmentof Natural Resources.

The resolution was read by title. Senator Cain moved to concur inthe House Concurrent Resolution.

ROLL CALL


YEAS

Bajoie Ellington LandryBarham Fields C LentiniBean Fields W Romero

Branch Greene SchedlerCain Hainkel SiracusaCampbell Heitmeier SmithCasanova Hines TarverCox Hollis TheunissenCravins Irons UlloDardenne JohnsonDyess Jones Total—31

NAYS

Total—0ABSENT

Mr. President Jordan RobichauxBagneris Lambert ShortDean Malone Total—8



A CONCURRENT RESOLUTIONTo commend Secretary Jack Caldwell and the Louisiana Department of

Natural Resources for establishing the National Outreach Programon behalf of Louisiana coastal wetlands.


ROLL CALL

Mr. President Dyess LandryBajoie Ellington LentiniBarham Fields C RomeroBean Greene SchedlerBranch Hainkel ShortCain Heitmeier SiracusaCampbell Hines SmithCasanova Hollis TarverCox Irons TheunissenCravins Johnson UlloDardenne Jones Total—32

NAYS

Total—0ABSENT

Bagneris Jordan RobichauxDean LambertFields W Malone Total—7



A CONCURRENT RESOLUTIONTo commend Chef Paul Prudhomme for his participation in the

National Outreach Program on behalf of Louisiana coastalwetlands established by the state Department of Natural Resources.


The resolution was read by title. Senator Cain moved to concur in The Chair declared the Senate had concurred in the Housethe House Concurrent Resolution. Concurrent Resolution and ordered it returned to the House.

ROLL CALL


YEAS

Bajoie Ellington LentiniBarham Fields C RomeroBean Fields W SchedlerBranch Greene ShortCain Hainkel SiracusaCampbell Hines SmithCasanova Hollis TarverCox Irons TheunissenCravins Johnson UlloDardenne JonesDyess Landry Total—31

NAYS

Total—0ABSENT

Mr. President Heitmeier MaloneBagneris Jordan RobichauxDean Lambert Total—8



A CONCURRENT RESOLUTION Bagneris Jordan MaloneTo commend Aaron Neville for his participation in the National Dean Lambert Robichaux

Outreach Program on behalf of Louisiana coastal wetlands Total—6established by the state Department of Natural Resources.

The resolution was read by title. Senator Cain moved to concur in Concurrent Resolution and ordered it returned to the House.the House Concurrent Resolution.

ROLL CALL


YEAS


NAYS

Total—0ABSENT

Bagneris Jordan MaloneDean Lambert Robichaux Total—6


A CONCURRENT RESOLUTIONTo commend Harry Connick, Jr. for his participation in the National



ROLL CALL


YEAS


NAYS

Total—0ABSENT

The Chair declared the Senate had concurred in the House

HOUSE CONCURRENT RESOLUTION NO. 84—BY REPRESENTATIVE DANIEL

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

Department of Social Services to work together to ensure thatcomprehensive mental health services, both treatment andpreventive, are provided to the foster care children in the state ofLouisiana.


HOUSE CONCURRENT RESOLUTION NO. 87—BY REPRESENTATIVES KENNEY AND WALSWORTH



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

ROLL CALL


YEAS


Mr. President Fields C LandryBajoie Fields W LentiniBarham Greene RomeroBean Hainkel SchedlerBranch Heitmeier ShortCain Hines SiracusaCampbell Hollis SmithCox Irons TarverDardenne Johnson TheunissenDyess Jones UlloEllington Jordan Total—32

NAYS

Total—0ABSENT

Bagneris Dean RobichauxCasanova LambertCravins Malone Total—7


Reports of Committees

The following reports of committees were received and read:

REPORT OF COMMITTEE ON

HEALTH AND WELFARE

Senator Hines, Chairman on behalf of the Committee on Healthand Welfare, submitted the following report:

June 1, 1998

To the President and Members of the Senate:

I am directed by your Committee on Health and Welfare to submitthe following report:

SENATE CONCURRENT RESOLUTION NO. 35—BY SENATORS HOLLIS, HINES, SCHEDLER AND REPRESENTATIVE

A CONCURRENT RESOLUTIONTo urge and request Department of Health and Hospitals to clarify rules

and regulations for licensing satellite facilities of hospitals and toauthorize the issuance of retroactive licenses under certaincircumstances.


Respectfully submitted, DONALD E. HINES

Chairman


FINANCE

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

June 1, 1998


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

HOUSE BILL NO. 1—BY REPRESENTATIVE LEBLANC

AN ACTMaking appropriations for the ordinary expenses of the executive

branch of state government, pensions, public schools, public roads,public charities, and state institutions and providing with respect tothe expenditure of said appropriations.


Respectfully submitted,JOHN HAINKEL

Chairman


REVENUE AND FISCAL AFFAIRS

Senator Barham, Chairman on behalf of the Committee onRevenue and Fiscal Affairs, submitted the following report:

May 28, 1998


I am directed by your Committee on Revenue and Fiscal Affairs tosubmit the following report:

SENATE BILL NO. 68—BY SENATOR LANDRY

AN ACTTo amend and reenact R.S. 48:274.1(D), 274.3(E), 381(G), 381.1(E),

and 381.2(D), relative to highways; to provide relative to permitteduse and occupancy of highway rights-of-way; to provide for thedisposition of revenue from fees for such permitting; to abolishcertain funds established relative to such fees; to provide that therevenue from such fees be considered as self-generated revenue tothe Department of Transportation and Development; and toprovide for related matters.


SENATE BILL NO. 112—BY SENATOR SCHEDLER

AN ACTTo amend and reenact R.S. 51:2771(A)(3), (A)(11)(b), (D)(1)(a)(ii),

and (E), and to repeal R.S. 51:2771(K), relative to the LouisianaCapital Investment Tax Credit; to allow a tax credit against thecorporation income tax liability; to provide for a small businessaddition capital credit; to eliminate the termination date for thecredit; to provide an effective date; and to provide for relatedmatters.


SENATE BILL NO. 116—BY SENATOR BARHAM

AN ACTTo enact R.S. 47:13, relative to taxation of activities on Indian

reservations; to provide for the circumstances under which statetaxes may be levied upon such activities; to provide for certain taxcompacts and agreements; to provide for certain dedications; andto provide for related matters.


Respectfully submitted,ROBERT J. BARHAM

Chairman



SENATE AND GOVERNMENTAL AFFAIRS

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

June 1, 1998


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

SENATE RESOLUTION NO. 20—BY SENATOR DARDENNE

A RESOLUTIONTo amend and readopt Senate Rule No. 13.5.1 of the Rules of Order of

the Senate; to increase the fiscal impact threshold for the dualreferral of a legislative instrument from $500,000 to $1,000,000and to require that the Committee on Finance hear and report theinstrument.


HOUSE CONCURRENT RESOLUTION NO. 3—BY REPRESENTATIVE WINDHORST

A CONCURRENT RESOLUTIONTo adopt Joint Rule No. 20 of the Joint Rules of the Senate and House

of Representatives to require the appointment of members toconference committees after the rejection of amendments.


Respectfully submitted, JAY DARDENNE

Chairman


REVENUE AND FISCAL AFFAIRS

Senator Barham, Chairman on behalf of the Committee onRevenue and Fiscal Affairs, submitted the following report:

June 1, 1998


I am directed by your Committee on Revenue and Fiscal Affairs tosubmit the following report:

SENATE BILL NO. 82—BY SENATOR CAMPBELL

AN ACTTo amend and reenact R.S. 47:3202(C) and 4304(C), relative to tax

exemptions; to provide a right of first refusal to Louisianabusinesses as a condition for business and manufacturingestablishments; to receive certain tax exemptions; and to providefor related matters.

Reported favorably.

SENATE BILL NO. 96—BY SENATOR BEAN

AN ACTTo amend and reenact R.S. 51:1787(A)(2)(a) and to enact R.S.

51:1787(A)(2)(c), relative to tax credits; to provide for enterprisezones; to provide tax credits for certain companies; and to providefor related matters.


HOUSE BILL NO. 153—BY REPRESENTATIVE WINDHORST

AN ACTTo amend and reenact R.S. 40:1485.4(2)(introductory paragraph) and

(b), relative to the Charitable Raffles, Bingo, and Keno LicensingLaw; to provide with respect to certain charitable gaming taxes;and to provide for related matters.

Reported favorably.

HOUSE BILL NO. 254—BY REPRESENTATIVE TOOMY

AN ACTTo amend and reenact R.S. 26:326, 341(introductory paragraph), 344,

and 359, to enact R.S. 26:341(B), and to repeal R.S. 14:93.20,relative to the sale and shipment of beverage alcohol in Louisiana;to impose a tax on the direct sale and shipment by common carrierof sparkling or still wines; to provide for the enforcement andcollection thereof; to require application for authority for suchshipments and payment of taxes before making authorizedshipments; to provide for who pays the taxes; to provide for towhom the taxes are paid; to provide for the time of payment of thetaxes; to require the express agreement to pay all excise and salesand use taxes assessed by the state of Louisiana; to provide forrecordkeeping of sales subject to said taxes; to exempt from the taxon direct sale and shipment by common carrier sparkling or stillwines manufactured by native wineries; to repeal certain provisionsof law relating to the unlawful sale and shipment of beveragealcohol in Louisiana; and otherwise to provide generally andspecifically with respect thereto.

Reported favorably.

HOUSE BILL NO. 258—BY REPRESENTATIVE BRUNEAU

AN ACTTo amend and reenact R.S. 47:3202(E), 3203(B), and 3204, relative to

tax exemption contracts; to replace set-aside provisions withprovisions relating to economically disadvantaged businesses; tochange the priority for exemptions from state taxes; to provide forreview of such contracts; and to provide for related matters.

Reported favorably.

HOUSE BILL NO. 260—BY REPRESENTATIVES DANIEL AND JOHNS

AN ACTTo enact R.S. 47:306(B)(10), relative to advance payment of sales

taxes; to authorize the secretary of the Department of Revenue toexempt certain dealers from the advance payment of the tax; toprovide for an effective date; and to provide for related matters.

Reported favorably.

Respectfully submitted, ROBERT J. BARHAM

Chairman

Senate Resolutionson Second Reading

Reported by Committees

Senator Barham asked for and obtained a suspension of the rulesto take up at this time the following Senate Resolutions just reported byCommittees.


SENATE RESOLUTION NO. 20—BY SENATOR DARDENNE

A RESOLUTIONTo amend and readopt Senate Rule No. 13.5.1 of the Rules of Order of

the Senate; to increase the fiscal impact threshold for the dualreferral of a legislative instrument from $500,000 to $1,000,000and to require that the Committee on Finance hear and report theinstrument.

Reported with amendments by the Committee on Senate andGovernmental Affairs.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Senate andGovernmental Affairs to Original Senate Resolution No. 20 by SenatorDardenne

AMENDMENT NO. 1On page 1, line 2, after “To” delete the remainder of the line and lines3 through 5 and insert:

“repeal Senate Rule Nos. 13.5.1 and 13.5.2 of the Rules of Order of theSenate; to repeal the dual referral of legislative instruments withsignificant fiscal costs and an increase or decrease in taxes to theCommittee on Finance and the Committee on Revenue and FiscalAffairs.”

AMENDMENT NO. 2On page 1, delete line 7 and insert “repeals Senate Rule Nos. 13.5.1 and13.5.2 of the Rules of Order of theSenate.”

AMENDMENT NO. 3On page 1, delete lines 8 through 16 and on page 2, delete lines 1through 9

On motion of Senator Dardenne, the committee amendment wasadopted. The amended resolution was read by title and orderedengrossed and passed to a third reading.

Senate Bills and Joint Resolutionson Second Reading


Senator Barham asked for and obtained a suspension of the rulesto take up at this time the following Senate Bills and Joint Resolutionsjust reported by Committees.

SENATE BILL NO. 68—BY SENATOR LANDRY

AN ACTTo amend and reenact R.S. 48:274.1(D), 274.3(E), 381(G), 381.1(E),

and 381.2(D), relative to highways; to provide relative to permitteduse and occupancy of highway rights-of-way; to provide for thedisposition of revenue from fees for such permitting; to abolishcertain funds established relative to such fees; to provide that therevenue from such fees be considered as self-generated revenue tothe Department of Transportation and Development; and toprovide for related matters.

Reported with amendments by the Committee on Revenue andFiscal Affairs.


Amendments proposed by Senate Committee on Revenue and FiscalAffairs to Engrossed Senate Bill No. 68 by Senator Landry

AMENDMENT NO. 1On page 1, line 2, after "274.3(E)," delete "381(G), 381.1(E),"

AMENDMENT NO. 2On page 1, line 10, after "274.3(E)," delete "381(G), 381.1(E),"

AMENDMENT NO. 3On page 2, line 8, after "department" delete the remainder of the lineand add a period "."

AMENDMENT NO. 4On page 2, at the beginning of line 9, delete "office."

AMENDMENT NO. 5On page 2, line 27, after "department" delete the remainder of the lineand add a period "."

AMENDMENT NO. 6On page 3, delete line 5 through 27 in their entirety

AMENDMENT NO. 7On page 4, delete lines 1 though 10 in their entirety

AMENDMENT NO. 8On page 4, line 16, after "fees" delete the remainder of the line

AMENDMENT NO. 9On page 4, at the beginning of line 17, delete "and"

AMENDMENT NO. 10On page 4, line 18, after "treasury" delete the remainder of the line

AMENDMENT NO. 11On page 4, at the beginning of line 19, delete "department"

AMENDMENT NO. 12On page 4, delete lines 22 through 26 in their entirety and add in lieuthereof "transferred to the Right-of-Way Permit Processing Fund in thestate treasury and said funds shall be set aside for the use of theDepartment of Transportation and Development to defray expenses"

AMENDMENT NO. 13On page 5, at the end of line 2, add the following "Excess fees, over andabove the expenses of the right-of-way permit office shall be used by theDepartment of Transportation and Development on projects eligibleunder Title 23 of the United States Code."

On motion of Senator Barham, the committee amendment wasadopted. The amended bill was read by title and ordered reengrossedand passed to a third reading.

SENATE BILL NO. 82—BY SENATOR CAMPBELL

AN ACTTo amend and reenact R.S. 47:3202(C) and 4304(C), relative to tax

exemptions; to provide a right of first refusal to Louisianabusinesses as a condition for business and manufacturingestablishments; to receive certain tax exemptions; and to providefor related matters.

Reported favorably by the Committee on Revenue and FiscalAffairs. On motion of Senator Barham, the bill was read by title,ordered engrossed and passed to a third reading.

SENATE BILL NO. 96—BY SENATOR BEAN

AN ACTTo amend and reenact R.S. 51:1787(A)(2)(a) and to enact R.S.

51:1787(A)(2)(c), relative to tax credits; to provide for enterprisezones; to provide tax credits for certain companies; and to providefor related matters.




Amendments proposed by Senate Committee on Revenue and Fiscal 3, delete lines 1 through 24, and insert:Affairs to Original Senate Bill No. 96 by Senator Bean

AMENDMENT NO. 1 K. The provisions of this Chapter shall be null and void effectiveOn page 1, line 3, after "credits;" delete the remainder of the line anddelete line 4 and insert in lieu thereof the following:

"to authorize the State Board of Commerce and Industry, afterconsultation with the Department of Economic Development and theDepartment of Revenue, and with the approval of the governor, to enterinto contracts which provide certain tax credits to certain industrieslocated in certain port complexes in parishes having a populationbetween two hundred forty eight thousand and two hundred forty ninethousand; and to provide for"

AMENDMENT NO. 2On page 2, line 21, change "as defined in SIC Code Title 3312" to:

"located in port complexes containing not less than two thousand acresand not more than two thousand five hundred acres in parishes havinga population of not less than two hundred forty eight thousand and notmore than two hundred forty nine thousand, according to the mostrecent decennial census data"

AMENDMENT NO. 3On page 2, after line 26, add:

"Section 2. The provisions of this Act shall take effect and becomeoperative if and when any blast furnaces, steel works, and rolling millsindustries locate and begin operation, and only for the duration ofcontinued operation, in port complexes containing not less than twothousand acres and not more than two thousand five hundred acres inparishes having a population of not less than two hundred forty eightthousand and not more than two hundred forty nine thousand."

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

SENATE BILL NO. 112—BY SENATOR SCHEDLER

AN ACTTo amend and reenact R.S. 51:2771(A)(3), (A)(11)(b), (D)(1)(a)(ii),

and (E), and to repeal R.S. 51:2771(K), relative to the LouisianaCapital Investment Tax Credit; to allow a tax credit against thecorporation income tax liability; to provide for a small businessaddition capital credit; to eliminate the termination date for thecredit; to provide an effective date; and to provide for relatedmatters.


SENATE COMMITTEE AMENDMENTS AMENDMENT NO. 7

Amendments proposed by Senate Committee on Revenue and FiscalAffairs to Original Senate Bill No. 112 by Senator Schedler

AMENDMENT NO. 1On page 1, line 2, after "reenact" delete the remainder of the line and online 3, delete "and to repeal"

AMENDMENT NO. 2On page 1, line 4, after "Credit;" delete the remainder of the line anddelete line 5, and on line 6 delete "credit;"

AMENDMENT NO. 3On page 1, delete line 9, and insert: "Section 1. R.S. 51:2771(K) is"

AMENDMENT NO. 4On page 1, delete lines 12 through 16, and delete page 2, and on page

"* * *

June 30, 1998 2000. However, a credit received prior to that date shallremain effective for the remainder of the twenty-year period."

AMENDMENT NO. 5On page 3, line 25, change "Section 3." to "Section 2."



AN ACTTo enact R.S. 47:13, relative to taxation of activities on Indian

reservations; to provide for the circumstances under which statetaxes may be levied upon such activities; to provide for certain taxcompacts and agreements; to provide for certain dedications; andto provide for related matters.



Amendments proposed by Senate Committee on Revenue and FiscalAffairs to Original Senate Bill No. 116 by Senator Barham

AMENDMENT NO. 1On page 1, line 4, delete "tax"

AMENDMENT NO. 2On page 3, line 18, after "terms" insert "or for a reasonable period oftime as determined by the governor if the compact or agreement doesnot state a term"

AMENDMENT NO. 3On page 3, line 19, delete "as required under the contract"

AMENDMENT NO. 4On page 3, delete line 21, and insert "compact, the taxes of the stateshall be"

AMENDMENT NO. 5On page 4, delete line 5, and insert ", or regarding"

AMENDMENT NO. 6On page 4, line 9, change "tribal members" to "members of the tribe onthe reservation"

On page 4, delete lines 11 through 27, and on page 5, delete lines 1through 14

AMENDMENT NO. 8On page 5, line 15, change "G." to "E."

AMENDMENT NO. 9On page 5, at the end of line 21, change "to any" to "to or for the benefitof any"

AMENDMENT NO. 10On page 5, delete lines 23 through 27, and on page 6, delete lines 1through 17

AMENDMENT NO. 11


On page 6, delete lines 18 through 25, and insert: Senator Hainkel asked for and obtained a suspension of the rules

"F. (1) Notwithstanding the provisions of this Section or any other just reported by Committees.provision of law to the contrary, an official or entity, or officials orentities, designated by the governor may, with the approval of thegovernor, negotiate and sign a compact with any tribe on any Indianreservation after the date this Section which shall govern matters relativeto the taxation of activities on such Indian reservation and/or gaming onsuch Indian reservation and which shall contain such terms andconditions as are in the best interests of the state and the tribe.

(2) Prior to signing any such compact, any such official or entityshall provide written notification and a copy of the proposed compact tothe House committees on Ways and Means and on Appropriations, andto the Senate Committees on Revenue and Fiscal Affairs and onFinance. Such committees may conduct oversight hearings within ninetydays of receipt of such notification and may recommend to the governorthat the governor approve or disapprove the proposed compact. Thecompact shall be approved or disapproved by the governor after ninetydays have elapsed from the receipt of written notification by thecommittees.

(3) If such compact grants an exclusion or exemption from taxesnot otherwise provided by law, it shall be approved before its signatureby the enactment of a law.


House Concurrent Resolutionson Second Reading


Senator Hainkel asked for and obtained a suspension of the rulesto take up at this time the following House Concurrent Resolutions justreported by Committees.




Reported with amendments by the Committee on Senate andGovernmental Affairs.


Amendments proposed by Senate Committee on Senate andGovernmental Affairs to Engrossed House Concurrent Resolution No.3 by Representative Windhorst

AMENDMENT NO. 1On page 1, line 11, change "one" to "the following" and after "day"insert "on which that house meets"

AMENDMENT NO. 2On page 1, line 14, change "one" to "the following" and on line 15 after"day" insert "on which that house meets"

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

House Bills and Joint Resolutionson Second Reading


to take up at this time the following House Bills and Joint Resolutions




Reported with amendments by the Committee on Finance.


Amendments proposed by Senate Committee on Finance toReengrossed House Bill No. 1 by Representative LeBlanc

AMENDMENT NO. 1On page 8, after line 27, insert the following:

"E. The appropriations from the State General Fund (Direct) in this Actanticipate a reduction in general obligation debt service requirements for FiscalYear 1998-1999 of Forty-seven million and 00/100 dollars ($47,000,000) thatresults from an advance payment of debt (deafeasance) in Fiscal Year 1997-1998. If an advance payment of debt in Fiscal Year 1997-1998 results in areduction in general obligation debt service requirements in Fiscal Year 1998-1999 of less than Forty-seven million and 00/100 dollars ($47,000,000), thecommissioner of administration is authorized and directed to reduce StateGeneral Fund (Direct) appropriations in this Act by an amount equal to thedifference between Forty-seven million and 00/100 dollars ($47,000,000) andthe reduction in general obligation debt service requirements for Fiscal Year1998-1999 which results from an advance payment of debt service (defeasance)in Fiscal Year 1997-1998. Provided that any reductions made pursuant to thisSubsection shall be approved by the Joint Legislative Committee on the Budget."

AMENDMENT NO. 2On page 9, line 33, delete "8,900,000" and insert "8,630,000"

AMENDMENT NO. 3On page 10, delete line 20, and insert the following:

"Number of technical assistance projects completed 115"

AMENDMENT NO. 4On page 10, line 21, delete "6%" and insert "66%"




AMENDMENT NO. 8On page 12, delete lines 17 through 49


AMENDMENT NO. 10On page 13, delete lines 9 through 12, and insert the following:

"Payable out of the State General Fund (Direct) forexpenses associated with hosting the Louisiana Games $ 150,000

Payable out of the State General Fund by StatutoryDedications out of the Disability Affairs Trust Fund forone (1) position and operating expenses in the Office ofDisability Affairs $ 30,000

Payable out of the State General Fund by InteragencyTransfers to budget appropriate funding received fromother agencies by the Governor's Office for the Children'sCabinet budget $ 50,000"



AMENDMENT NO. 12 MEANS OF FINANCE:On page 16, line 28, delete "173,947,206" and insert "173,402,750" State General Fund (Direct) $ 50,000

AMENDMENT NO. 13On page 16, line 30, delete "41,453,247" and insert "41,195,069" TOTAL MEANS OF FINANCING $ 1,050,000"

AMENDMENT NO. 14 AMENDMENT NO. 30On page 16, line 32, delete "38,629,490" and insert "38,361,697" On page 39, between lines 40 and 41, insert the following:

AMENDMENT NO. 15 "Payable out of the State General Fund (Direct) forOn page 16, line 34, delete "11,993,725" and insert "11,975,240" funding one (1) computer network administration and

AMENDMENT NO. 16On page 16, line 38, delete "173,947,206" and insert "173,402,750" Payable out of the State General Fund (Direct) for

AMENDMENT NO. 17On page 16, delete lines 48 through 50 Payable out of the State General Fund (Direct) for

AMENDMENT NO. 18On page 16, after line 56, insert the following: AMENDMENT NO. 31

"Payable out of the State General Fund (Direct) formaintaining and promulgating a Louisiana Local "Payable out of the State General Fund by StatutoryDatabase $ 45,000 Dedications, Petroleum and Petroleum Products

Payable out of the State General Fund (Direct) for petroleum products, including 17 positions $ 800,000expert witness fees in the organ allocation suit $ 150,000

Payable out of the State General Fund (Direct) for the Louisiana High School Rodeo Association $ 75,000"operating expenses of the Louisiana Free-Net $ 850,000"

AMENDMENT NO. 19 On page 48, after line 56, insert the following:On page 18, delete lines 16 through 21

AMENDMENT NO. 20 Self-generated Revenue for the purchase andOn page 19, line 9, after the word "Act", delete "142" and insert "152" implementation of a computer imaging system $ 775,000

AMENDMENT NO. 21 Payable out of the State General Fund by Fees andOn page 21, between lines 8 and 9, insert the following: Self-generated Revenue for two (2) additional authorized

"Payable out of the State General Fund (Direct) for in the Market Compliance Program $ 350,000expenses of the teen pregnancy program $ 300,000"

AMENDMENT NO. 22 Fees and Self-generated Revenues for the transfer On page 24, between lines 30 and 31, insert the following: of the administrative law judge function for

"Payable out of Federal Funds for a new federal block notwithstanding any other provision of law togrant - Juvenile Accountability Incentive Federal Block the contrary $ 111,893"Grant to provide various services to address juvenilecrimes, including 2 positions $ 4,135,200" AMENDMENT NO. 33



"Payable out of the State General Fund (Direct) forthe Louisiana Long Term Care Ombudsman Program $ 262,000

Payable out of the State General Fund (Direct) forallocation to the Parish Councils on Aging, on thebasis of $10,000 per parish $ 640,000"

AMENDMENT NO. 25On page 28, line 29, delete ".70" and insert "$0.70"

AMENDMENT NO. 26On page 29, line 7, after "To develop" delete "at"


AMENDMENT NO. 28On page 30, line 13, delete "260,000" and insert "130,000"


"EXPENDITURES:For Expenses associated with the AmericaReads Challenge Grant $ 1,050,000

TOTAL EXPENDITURES $ 1,050,000

Federal Funds $ 1,000,000

trouble shooting position $ 41,091

funding for an annual software maintenance fee $ 28,000

budgetary shortfalls in employee benefits $ 23,000"

On page 45, between lines 8 and 9, insert the following:

Fund, for the inspection, regulation and analysis of

Payable out of the State General Fund (Direct) for

AMENDMENT NO. 32

"Payable out of the State General Fund by Fees and

actuarial positions for the Insurance Rating Commission

Payable out of the State General Fund by

insurance matters to the Department, of Insurance,


"Objective: To facilitate the location/expansion of 24 businesses by makingfunds available to political subdivisions for public infrastructure projects.Performance Indicators:Number of projects awarded 10Number of jobs created 1,500Private investment $20 millionEstimated new payroll of projects funded $18 million"

AMENDMENT NO. 34On page 50, line 40, delete "and" and insert "or"

AMENDMENT NO. 35On page 50, between lines 40 and 41, insert the following:

"Payable out of the State General Fund (Direct) forthe expansion of the United States Navy's InformationTechnology Center at the University of New Orleans'Research and Technology park $ 3,000,000

Provided, however, that $3,250,000 of the sum appropriated from the EconomicDevelopment Award Fund shall be allocated for the expansion of the UnitedStates Navy's Information Technology Center at the University of New Orleans'Research and Technology park."



AMENDMENT NO. 38


On page 55, between lines 38 and 39, insert the following: "Provided that the Payable out of the State General Fund by Statutoryloan for the New Era Cap Company shall be made only if the company moves to Dedications out of the General Aviation and RelieverLouisiana." Airport Maintenance Grant Program Fund $ 200,000

AMENDMENT NO. 39 Payable out of the State General Fund (Direct) forOn page 57, line 10, delete "200,000" and insert "300,000" expenses related to marking Lake Claiborne $ 25,000"

AMENDMENT NO. 40 AMENDMENT NO. 53On page 57, delete lines 11 through 13 On page 65, line 21, delete "(1060)" and insert "(1043)"

AMENDMENT NO. 41 AMENDMENT NO. 54On page 57, delete lines 18 through 20 On page 67, between lines 15 and 16, insert the following:

AMENDMENT NO. 42 "Payable out of the State General Fund by StatutoryOn page 58, between lines 19 and 20, insert the following: Dedications, Transportation Trust Fund, Regular, for Civil

"Objective: To increase its collection by over 1800 items while conserving9,595 items currently in the collection.Performance Indicators:New collection items 1,830Items conserved 9,595"


"Payable out of the State General Fund (Direct) forthe Office of State Museums to provide matchingfunds for grants to small museums in accordance withrules promulgated to establish eligibility standards $ 450,000

Provided, however, that at a minimum, the following entities shall be allowed toparticipate in the grant program:

Louisiana Cotton MuseumCaddo-Pine Island Oil and Historical MuseumYoung Sanders Museum and Center for Civil War StudiesNorth Louisiana Military MuseumNatchitoches Parish Old Courthouse MuseumKent HouseLouisiana Political Museum in Winnfield, LouisianaArna Bontemps African-American Museum and Cultural Arts Center in

AlexandriaNortheast Louisiana Delta African American Museum"



AMENDMENT NO. 46On page 60, delete lines 55 through 57, and insert the following

Payable out of the State General Fund (Direct) forfor Creole Inc. in conjunction with FrancoFete $ 123,400

Payable out of the State General Fund (Direct) forthe establishment of a movie film studio, provided thatJefferson Parish and the University of New Orleans eachcontribute $125,000 $ 200,000"



"Payable out of the State General Fund (Direct) forexpenses of the Zachary Taylor Parkway Commission $ 80,000"

AMENDMENT NO. 49On page 63, line 41, delete "0" and insert "12"

AMENDMENT NO. 50On page 63, line 43, delete "0" and insert "21%"



Payable out of the State General Fund (Direct) for deposit to the General Aviation and Reliever AirportMaintenance Grant Program Fund $ 200,000

Service approved pay upgrades for maintenance andtrade classes which become effective January 1, 1999 $ 2,010,000

Payable out of the State General Fund by StatutoryDedications, Transportation Trust Fund, Regular, foradditional supplies in District Operations Program $ 1,000,000

Payable out of the State General Fund by StatutoryDedications, Transportation Trust Fund, Regular, foradditional Contract Maintenance in District Operations $ 1,000,000

Payable out of the State General Fund byFees & Self-generated Revenues for additionaloperating expenses and (19) positions for theCrescent City Connection $ 520,000"


"Payable out of the State General Fund (Direct) forcontracts with the Dept. of Public Safety andCorrections for 620 adjudicated youth at the TallulahCorrectional Center for Youth $ 1,922,000

Provided, however, that the secretary of the Department of Public Safety andCorrections shall negotiate a primary contract with the Madison Parish SchoolBoard for these services. The secretary shall submit the proposed primarycontract with the Madison Parish School Board to the Joint LegislativeCommittee on the Budget no later than August 1, 1998 for its review andapproval. If the secretary is unable to negotiate a successful contract with theMadison Parish School Board, educational services may be secured in anothermanner."

AMENDMENT NO. 56On page 69, line 45, delete "$40.08" and insert "$40.09"








AMENDMENT NO. 64On page 80, line 49, after "Revenues" insert "from Prior and Current YearCollections"



"Payable out of the State General Fund by Fees andSelf-generated Revenues for support of probationand parole activities; provided, however that the


commissioner of administration is hereby authorized Interagency Transfers $ 267,793and directed to reduce the State General Fund (Direct) Fees & Self-generated Revenues $ 18,485appropriation contained herein by the amount of such Statutory Dedications:increased Fees and Self-Generated Revenues actually Riverboat Gaming Enforcement Fund $ 483,599collected in each quarter of the fiscal year $ 4,763,615"

AMENDMENT NO. 67On page 81, line 18, delete "$72.15" and insert "$72.89" AMENDMENT NO. 83

AMENDMENT NO. 68On page 81, line 20, delete "$72.65" and insert "$73.95" "Payable out of the State General Fund by Statutory

AMENDMENT NO. 69 a socio-economic study on the impact of gaming inOn page 81, line 21, delete "$68.68" and insert "$69.98" Louisiana to be conducted by the University of

AMENDMENT NO. 70On page 81, line 22, delete "$88.45" and insert "$89.40" Payable out of the State General Fund by Statutory

AMENDMENT NO. 71 background checks and suitability studies relative to On page 81, line 52, delete "$72.96" and insert "$73.95" the opening of the land-based casino in New Orleans $ 3,500,000"

AMENDMENT NO. 72 AMENDMENT NO. 84On page 82, line 16, delete "$68.87" and insert "$69.98" On page 97, line 35, delete "12,332,257" and insert "12,047,047"

AMENDMENT NO. 73 AMENDMENT NO. 85On page 82, line 38, delete "$88.45" and insert $89.40" On page 97, between lines 35 and 36, insert the following:

AMENDMENT NO. 74 "Fees & Self-generated Revenues $ 126,072On page 84, between lines 12 and 13, insert the following: Federal Funds $ 159,135"

"Payable out of the State General Fund (Direct) for AMENDMENT NO. 86Innovative Intelligence Institute $ 150,000 On page 97, between lines 39 and 40, insert the following:

Payable out of the State General Fund (Direct) for "Payable out of the State General Fund (Direct) foroperating expenses for a shelter to house juvenile the operating expenses, including three (3) positions,status offenders in Caddo Parish $ 280,000 for the Crisis Stabilization Day Program $ 165,834"

Payable out of the State General Fund (Direct) for AMENDMENT NO. 87operating expenses for the Johnny Gray Jones Youth On page 98, line 35, change "from" to " under"Center - Bossier City $ 64,000"

AMENDMENT NO. 75 On page 98, line 36, delete "100% to"On page 84, between lines 30 and 31, insert the following:

"Payable out of the State General Fund (Direct) for On page 98, at the beginning of line 38, insert the figure "38,700"the Tulane University/Project Return program $ 400,000"

AMENDMENT NO. 76 On page 98, between lines 50 and 51, insert the following:On page 85, delete lines 5 and 6, and insert the following:

"for an increase of up to $1 in per diem payments for Percent of applications approved 65%"the housing of state inmates in local jails, to be reimbursedto sheriffs after the close of each quarter of the state fiscal AMENDMENT NO. 91year only in the event and to the extent that collection of On page 99, between lines 12 and 13, insert the following:Fees and Self-generated Revenues are increased in eachquarter for support of Adult Probation and Parole to off- "EXPENDITURES:set State General Fund (Direct) support of probation and To provide through the Payments to Private Providersparole activities $ 4,763,615" Program to provide for an external consulting services for

AMENDMENT NO. 77 for hospital outpatient ambulatory surgery procedure codesOn page 85, line 24, delete "99%" and insert "100%" which were set in 1988 based on 1983 cost report data $ 200,000

AMENDMENT NO. 78 TOTAL EXPENDITURES $ 200,000On page 85, line 26, delete "99%" and insert "100%"

AMENDMENT NO. 79 State General Fund (Direct) $ 100,000On page 85, line 27, delete "345" and insert "300" Federal Funds $ 100,000

AMENDMENT NO. 80 TOTAL MEANS OF FINANCING $ 200,000"On page 89, line 17, delete "27,629,438" and insert "24,629,438"

AMENDMENT NO. 81 The administration and monitoring of new MR/DDOn page 89, line 27, delete "12,319,985" and insert "15,319,985" Medicaid Home and Community based waiver

AMENDMENT NO. 82On page 89, between lines 38 and 39, insert the following: TOTAL EXPENDITURES $ 414,264

"EXPENDITURES: MEANS OF FINANCE:Operational Support - Authorized Positions (18) $ 1,028,055 State General Fund (Direct) $ 48,000

TOTAL EXPENDITURES $ 1,028,055

MEANS OF FINANCE:State General Fund (Direct) $ 258,178 AMENDMENT NO. 92State General Fund by: On page 100, line 2, delete ", deductibles and copayments"

TOTAL MEANS OF FINANCING $ 1,028,055"


Dedications, Riverboat Gaming Enforcement Fund, for

New Orleans $ 600,000

Dedications, Casino Proceeds Fund, for

AMENDMENT NO. 88

AMENDMENT NO. 89

AMENDMENT NO. 90

"Average processing time 30 days

DHH to develop an analysis and plan for updating the rates

MEANS OF FINANCE:

EXPENDITURES:

slots, including fourteen (14) authorized positions $ 414,264

Federal Funds $ 366,264

TOTAL MEANS OF FINANCING $ 414,264"


AMENDMENT NO. 93 AMENDMENT NO. 104On page 100, line 12, delete "5,000,000" and insert "265,271,752" On page 105, line 50, delete "18" and insert "14"

AMENDMENT NO. 94 AMENDMENT NO. 105On page 100, line 13, delete "244,347,189" and insert "232,347,189" On page 106, line 50, delete "(40% without" and insert "(60% covered by

AMENDMENT NO. 95On page 100, line 27, delete "2,469,392,467" and insert "2,457,392,467" AMENDMENT NO. 106

AMENDMENT NO. 96 Medicaid and 35% without Medicaid or"On page 100, line 29, delete "618,246,618" and insert "606,246,618"

AMENDMENT NO. 97 On page 107, delete lines 1 through 4, and insert the following:On page 100, line 31, delete "2,945,086" and insert "15,582,355"


AMENDMENT NO. 99On page 100, line 35, delete "1,744,051,182" and insert "1,735,606,782"

AMENDMENT NO. 100On page 100, line 36, delete "2,469,392,467" and insert "2,457,392,467"


"The Department of Health and Hospitals is directed, subject to audit validationand to the extent permitted by federal law, to increase provider fees paid bynursing homes and to increase nursing home rates in accordance with the stateMedicaid plan to the extent funds are available as a result of said provider feeincrease. The department shall submit a budget adjustment to the JointLegislative Committee on the Budget for approval at its first meeting of FY 98-99 to implement the nursing home rate increase.

Provided, however, that of the funds appropriated in this Schedule foruncompensated care cost payments to private providers, no less than $5,507,145shall be allocated for inpatient and outpatient services for private providers whichqualify as disproportionate share hospitals and which do not meet the definitionof a rural hospital contained in R.S. 40:1300.113. In distributing the fundsallocated for such private providers which qualify as disproportionate sharehospitals and which do not meet the definition of a rural hospital contained inR.S. 40:1300.113, the department shall recognize the extraordinary costsincurred by private teaching hospitals in the provision of inpatient and outpatientservices either through the recreation of a specific pool within thedisproportionate share reimbursement methodology for such hospitals or througha similarly effective mechanism.

EXPENDITURES:For increased costs of cancer treatment at

Earl K. Long Medical Center ($408,000) andLallie Kemp Medical Center ($168,000) $ 576,000

TOTAL EXPENDITURES $ 576,000

MEANS OF FINANCE:State General Fund (Direct) $ 172,800

Federal Funds $ 403,200

TOTAL MEANS OF FINANCING $ 576,000

Provided, however, that of the funds appropriated in this Schedule for MR/DDwaiver services to private providers, as reflected in the Governor's ExecutiveBudget Recommendation and as augmented by amendment in this Act, on June30, 1999, any unspent and unencumbered state match monies remaining to theallocation for the MR/DD waiver services are hereby deemed reappropriated tothe Office of Risk Management for its reserve account."



"Payable out of the State General Fund (Direct) tothe Developmental Disabilities Council for the develop-ment of a new supported living program for individualswith physical disabilities that occurred after the age oftwenty-two (22) $ 105,000

Payable out of the State General Fund (Direct) forthe Developmental Disabilities Council to developa statewide information and support service for theparents of children with severe emotional disturbances $ 101,500"

Medicaid and 40% without Medicaid or"

On page 106, line 52, delete "(35% without" and insert "(65% covered by

AMENDMENT NO. 107

"Objective: Through the Family Planning activity, to provide family planningservices to 23% of Women in Need of family planning services (WIN)."

AMENDMENT NO. 108On page 107, line 6, delete "seeking family planning services served" and insert"receiving family planning services"

AMENDMENT NO. 109On page 107, delete line 7, and insert the following: "Percent of Women in Needof family planning services (WIN) served 23%"

AMENDMENT NO. 110On page 107, line 23, delete "22,000" and insert "21,000"


"Objective: Through the Food and Drug Control activity, to inspect 30% ofduly permitted food, drug and cosmetic manufacturers, processors, packers orrepackers four times and duly permitted food, drug and cosmetic wholesalers andwarehouses and skin tanning facilities two times.Performance Indicators:Percent of food, drug and cosmetic wholesalersand warehouses and skin tanning facilities inspectedtwo times per year 30%Percent of food, drug and cosmetic manufacturers,processors, packers or repackers inspected fourtimes per year 30%Number of inspections completed 4,670"


"Objective: Through the Molluscan Shellfish activity, to collect 10bacteriological water samples per year from 90% of Louisiana shellfish growingareas.Performance Indicators:Percent of bacteriological water samples collectedten times 90%Number of bacteriological water samples ofareas collected ten times 8,150"

AMENDMENT NO. 113On page 107, line 57, delete "/surveys inspected" and insert "inspections/surveysconducted"

AMENDMENT NO. 114On page 108, line 19, after "licenses" insert "75%”

AMENDMENT NO. 115On page 108, line 20, delete "985" and insert "95%"


"Payable out of the State General Fund (Direct) forthe expansion of School-based Health Centerservices at various locations across the state $ 600,000"


"Payable out of the State General Fund (Direct) forthe River Region Cancer Screening and Early DetectionDistrict created by Act 890 of the 1995 Regular Sessionof the Legislature $ 200,000"

AMENDMENT NO. 118On page 109, line 43, delete "4,543" and insert "$18.03"

AMENDMENT NO. 119


On page 110, between lines 3 and 4, insert the following: AMENDMENT NO. 138

"Payable out of the State General Fund (Direct) fora children's initiative for employees to monitor psychiatric "EXPENDITURES:hospital admissions to refer as many children as possible For the Louisiana Center Against Poverty, Inc. $ 200,000to community-based, nonhospital services and to facilitatethe discharges of children who have complex emotional, TOTAL EXPENDITURES $ 200,000behavioral, and/or developmental disabilities and who canlive in the community $ 400,000 MEANS OF FINANCE:

Provided, however, that of the monies appropriated herein, the amount of Federal Funds $ 200,000$325,872 shall be allocated through Interagency Transfers to the Jefferson ParishHuman Services Authority for additional mental health staff and psychiatric TOTAL MEANS OF FINANCING $ 400,000medications."

AMENDMENT NO. 120 the Rapides Childrens Advocacy Center forOn page 110, line 39, delete "497" and insert "467" operating expenses $ 100,000

AMENDMENT NO. 121 Provided that of the funds appropriated for the block grant, an amount ofOn page 113, line 44, delete "85%" and insert "89%" $300,000 shall be allocated to the operations of the New Orleans Health

AMENDMENT NO. 122On page 115, line 13, delete "$210" and insert "$221" Payable out of the State General Fund (Direct) for

AMENDMENT NO. 123 to increase drug education, and to coordinate economicOn page 115, line 14, delete "100%" and insert "98%" self-sufficiency through community-based programs $ 400,000

AMENDMENT NO. 124 Payable out of the State General Fund (Direct) forOn page 115, line 16, delete "712" and insert "450" Louisiana Housing and Community Development

AMENDMENT NO. 125On page 115, line 24, delete "23" and insert "40" AMENDMENT NO. 139

AMENDMENT NO. 126On page 115, delete line 25, and insert the following: AMENDMENT NO. 140

"Percentage of Community Forensic Services(CFS) competency evaluations that are admitted AMENDMENT NO. 141to hospital 25%" On page 138, line 52, delete "7,653,049" and insert "7,892,259"

AMENDMENT NO. 127 AMENDMENT NO. 142On page 115, line 26, delete "27" and insert "75" On page 139, line 4, delete "5,923,052" and insert "6,162,262"

AMENDMENT NO. 128 AMENDMENT NO. 143On page 115, line 32, delete "6,354,373" and insert "18,354,373" On page 139, line 9, delete "7,653,049" and insert "7,892,259"

AMENDMENT NO. 129 AMENDMENT NO. 144On page 115, line 34, delete "12,350,000" and insert "350,000" On page 139, between lines 12 and 13, insert the following:

AMENDMENT NO. 130 "Payable out of the State General Fund byOn page 116, line 18, delete "77" and insert "71" Fees and Self-generated Revenue to secure

AMENDMENT NO. 131On page 116, line 19, delete "72%" and insert "60%" AMENDMENT NO. 145

AMENDMENT NO. 132On page 118, delete lines 26 through 34 AMENDMENT NO. 146

AMENDMENT NO. 133On page 118, between lines 34 and 35, insert the following: "Payable out of the State General Fund by Statutory

"Payable out of the State General Fund (Direct) for Restoration Trust Fund for advanced design workOuachita Shelter Workshop $ 50,000" for the Holly Beach Breakwater Project $ 2,000,000"

AMENDMENT NO. 134 AMENDMENT NO. 147On page 128, between lines 16 and 17, insert the following: On page 142, between lines 16 and 17, insert the following:

"Payable out of the State General Fund (Direct) for "Payable out of the State General Fund by Feesthe New Orleans Educational Talent Search $ 118,000 and Self-Generated Revenues from prior year

Payable out of the State General Fund (Direct) for within the Tax Collection Program $ 3,603,051"support of programs designed to decrease drop-outrates and increase after school educational opportunities AMENDMENT NO. 148for at-risk children $ 390,000" On page 143, between lines 27 and 28, insert the following: "Provided, however,

AMENDMENT NO. 135 pay the salary of the Executive Director."On page 131, delete lines 10 through 13

AMENDMENT NO. 136 On page 147, delete lines 10 through 13 On page 133, delete lines 54 through 58

AMENDMENT NO. 137 On page 148, delete lines 44 through 47, and insert the following:On page 134, line 3, after "districts" insert ", and to provide additional supportservices," Payable out of the State General Fund (Direct) for


State General Fund (Direct) $ 200,000


Corporation.

services designed to reduce juvenile delinquency,

Corporation $ 300,000"

On page 136, delete lines 12 through 15

On page 138, line 39, delete "7,653,049" and insert "7,892,259"

offshore revenue $ 150,000"

On page 139, line 28, delete "194,830" and insert "13,812"

On page 139, after line 37, insert the following:

Dedications from the Wetlands Conservation and

collections for the Tax Reengineering Project

that from the funds appropriated in this Schedule, $49,500 shall be allocated to

AMENDMENT NO. 149

AMENDMENT NO. 150

the Louisiana Litter Abatement Grant Program to


provide funds for programs facilitating litter reduction, Provided, however, that of the funds appropriated in this Schedule for allocationrecycling, waste reduction, reuse, and other solid waste to the LSU Medical Center Shreveport, an amount of $200,000 shall be utilizedmanagement programs $ 200,000" for the operation of the David Raines community medical clinic.

AMENDMENT NO. 151 Payable out of the State General Fund (Direct) forOn page 149, between lines 31 and 32, insert the following: expenses of the Louisiana State University Medical

"Payable out of the State General Fund By StatutoryDedications, Environmental Trust Fund, for a computer AMENDMENT NO. 163recycling and refurbishment program $ 250,000" On page 178, between lines 36 and 37, insert the following:

AMENDMENT NO. 152 "Payable out of the State General Fund (Direct) forOn page 151, delete line 3, and insert the following: "each two and ten-year turtle research $ 50,000"period"

AMENDMENT NO. 153 On page 186, between lines 50 and 51, insert the following:On page 153, between lines 19 and 20, insert the following:

"Payable out of the State General Fund (Direct) for installation of artificial turf at football stadium $ 100,000"economic and community development efforts by theSouth Louisiana Economic Council in the four-parish AMENDMENT NO. 165Bayou Vision Region $ 150,000" On page 194, line 43, delete "22,631,644" and insert "22,636,644"

AMENDMENT NO. 154 AMENDMENT NO. 166On page 158, delete lines 32 through 35 On page 197, at the beginning of line 39, insert the following: "19-743"

AMENDMENT NO. 155 AMENDMENT NO. 167On page 168, between lines 52 and 53, insert the following: On page 198, between lines 20 and 21, insert the following:

"Payable out of the State General Fund (Direct) by "Payable out of the State General Fund (Direct) forStatutory Dedications from the Higher Education start-up funding for the River Parishes CommunityInitiatives Fund, Distance Learning Account for the College $ 500,000purpose of development of additional distance learningclassrooms and infrastructure connections, including Provided, however, that in the event the transfer of the Teche Area Technicalthe purchase of equipment, which shall be allocated as College from the Board of Elementary and Secondary Education to thedetermined by the Board of Regents $ 750,000" University of Louisiana Board of Trustees, as provided in Act 151 of the First

AMENDMENT NO. 156 appropriation for the Teche Area Technical College in this Schedule shall remainOn page 169, line 18, after "community colleges" insert "and academic centers" under the Board of Elementary and Secondary Education until the transfer is

AMENDMENT NO. 157On page 169, between lines 21 and 22, insert the following: "Provided that the AMENDMENT NO. 168Nicholls State Learning Center shall participate in the distribution of this On page 199, between lines 36 and 37, insert the following:appropriation"

AMENDMENT NO. 158 repair and recondition one existing building to houseOn page 169, line 21, delete "1,690,000" and insert "1,190,000" centralized and expanded statewide braille book

AMENDMENT NO. 159On page 169, line 34, delete "14,057,000" and insert "14,507,000" AMENDMENT NO. 169

AMENDMENT NO. 160On page 169, delete line 47, and insert the following: "Payable out of the State General Fund (Direct) for

"Species $ 600,000 deaf children with multiple disabilities $ 182,695"

Payable out of the State General Fund (Direct) for AMENDMENT NO. 170additional funding for the Aid to Independent On page 201, line 17, after "services" insert "programs"Institutions Program $ 500,000"

AMENDMENT NO. 161 On page 203, after line 46, insert the followingOn page 171, line 33, delete "1996-1997" and insert "1997-1998"

AMENDMENT NO. 162 computer work stations $ 175,000On page 175, between lines 52 and 53, insert the following:

"Provided, however, that no funds shall be transferred from the physician's expenses associated with the Distance Learning Project $ 50,000"practice plan for the Louisiana State University Medical Center in Shreveportfor use at the New Orleans facility. AMENDMENT NO. 172

Provided, however, that of the funds appropriated in this Schedule to be allocatedto the LSU Medical Center - Shreveport, the amount of $750,000 shall be used "Payable out of the State General Fund (Direct) forto support the Kidney Care Program. Notwithstanding the provisions of R.S. salaries and operating expenses associated with the40:1300.84(B)(3), persons eligible for the program shall be residents of the state administration of vocational technical funds $ 45,000"of Louisiana who have an adjusted gross income of less than sixty thousanddollars annually if filing a joint return, sixty thousand dollars annually if filing AMENDMENT NO. 173a single return, or fifty thousand dollars annually if married filing a separate On page 213, delete lines 25 through 27 return.

Payable out of the State General Fund (Direct) for On page 214, delete lines 48 through 50 the Occupational Toxicology Outreach Program ofthe Department of Medicine of LSU Medical Center AMENDMENT NO. 175in Shreveport for testing, medical surveillance, On page 215, delete lines 35 through 36 prevention and diagnosis procedures for the communityof Grand Bois $ 100,000 AMENDMENT NO. 176

Center $ 3,200,000"

AMENDMENT NO. 164

"Payable out of the State General Fund (Direct) for

Extraordinary Session of 1998 does not occur effective July 1, 1998, the

effectuated."

"Payable out of the State General Fund (Direct) to

depository and resource center $ 150,000"


for expenses associated with fifteen paraeducators for

AMENDMENT NO. 171



On page 210, after line 38, insert the following:

AMENDMENT NO. 174


On page 220, delete lines 35 through 36 Department of Education a sworn statement indicating thereon the description,

AMENDMENT NO. 177 Purchases made through these funds are subject to audit by the State DepartmentOn page 222, delete lines 9 through 12 of Education."

AMENDMENT NO. 178 AMENDMENT NO. 197On page 228, delete lines 5 through 7 On page 260, line 12, delete "2,159,500,998" and insert "2,157,578,998"




AMENDMENT NO. 182 AMENDMENT NO. 201On page 237, delete lines 39 through 41 On page 260, between lines 46 and 47, insert the following: "Provided, however,

AMENDMENT NO. 183 educational services to juveniles incarcerated at the Tallulah Correctional CenterOn page 240, delete lines 9 through 12 and 17 through 21 for Youth."

AMENDMENT NO. 184 AMENDMENT NO. 202On page 240, line 23, delete "1,310,619" and insert "1,210,619" On page 261, line 11, delete "Provided, however," and insert the following:

AMENDMENT NO. 185 "Provided, however, that all such money shall be expended solely on anOn page 240, line 32, delete "1,310,619" and insert "1,210,619" enhancement in salary for every school-based administrator in any city or parish

AMENDMENT NO. 186 member who directly interacts with students in either regular or special educationOn page 240, line 33, delete "475,422" and insert "375,422" programs and who is assigned the professional activities of instructing pupils in

AMENDMENT NO. 187 school system are kept or who is responsible for teaching or advising pupils withOn page 240, line 39, delete "1,310,619" and insert "1,210,619" regard to their abilities and aptitudes, educational and occupational

AMENDMENT NO. 188 city or parish school system. Provided further, however,"On page 243, delete lines 9 through 14

AMENDMENT NO. 189 On page 262, between lines 24 and 25, insert the following:On page 244, delete lines 35 through 36

AMENDMENT NO. 190 additional funding for reimbursement throughOn page 246, line 30, delete "LEARN" Required Services $ 1,000,000"

AMENDMENT NO. 191 AMENDMENT NO. 204On page 246, line 31, delete "(Louisiana Education Achievement Results Now)," On page 267, between lines 17 and 18, insert the following:

AMENDMENT NO. 192 "Payable out of the State General Fund (Direct) forOn page 247, line 48, after "Assistance" insert ", and LEARN (Louisiana the New Orleans Health Corporation, for three clinics $ 600,000Education Achievement Results Now)"

AMENDMENT NO. 193 Earl K. Long Medical Center for increased costsOn page 253, between lines 14 and 15, insert the following: of cancer treatment $ 408,000

"Payable out of the State General Fund by Statutory of cancer treatment $ 168,000Dedications from the School and District AccountabilityFund to complete activities associated with the School TOTAL EXPENDITURES $ 576,000Effectiveness and Assistance Pilot (SEAP) $ 65,000

Provided that of the funds appropriated in this Schedule for adult education, State General Fund by:$60,000 shall be allocated for Hope House. Interagency Transfers $ 576,000

Payable out of the State General Fund (Direct) for TOTAL MEANS OF FINANCING $ 576,000the Milan Reading and Math Center $ 270,000"

AMENDMENT NO. 194 the Executive Administration and GeneralOn page 259, delete lines 32 through 35 Support Program for an Adolescent Rehabilitation

AMENDMENT NO. 195 Enforcement District $ 900,000"On page 259, line 40, delete "24,625,000" and insert "23,775,000"

AMENDMENT NO. 196 On page 272, delete line 49, and insert the following: "(R.S. 47:322.30)"On page 260, delete lines 1 through 3, and insert the following:

"Payable out of the State General Fund (Direct) by On page 274, delete line 12, and insert the following: "(R.S. 47:302.37, 322.11,Statutory Dedications from the Classroom-based 332.29)"Technology Fund to allow schools to carry forward funding for the purchase of equipment appropriated AMENDMENT NO. 207in the 1997-98 Fiscal Year $ 3,646,464 On page 279, delete lines 18 through 20

"The responsibility for identifying, accounting for, and maintaining inventory for AMENDMENT NO. 208all non-consumable materials, equipment, and supplies purchased with funds On page 279, delete lines 24 through 26 appropriated for non-public schools through the Teacher Supplies Fund andClassroom-based Technology Fund shall be placed with the non-public school. AMENDMENT NO. 209Each non-public school shall be required to annually submit to the State On page 279, delete lines 40 through 45

location, and use of these non-consumable materials, equipment, and supplies.

that no funds appropriated in this Schedule shall be expended to provide

school system, every teacher in any city or parish school system who is a staff

courses in a classroom situation for which daily-pupil attendance figures for the

opportunities, or personal and social adjustment, and every school nurse in any

AMENDMENT NO. 203


EXPENDITURES:

Lallie Kemp Medical Center for increased costs

MEANS OF FINANCE:

Payable out of the State General Fund (Direct) in

program conducted by the Rapides Parish Law

AMENDMENT NO. 205

AMENDMENT NO. 206







"Payable out of the State General Fund (Direct) foroperating expenses associated with the Bunkie Youth Center $ 72,500

Payable out of the State General Fund (Direct) foreconomic development activities in the city of Gretna $ 50,000"

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




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













Senate and Concurrent Resolutionson Second Reading


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

SENATE CONCURRENT RESOLUTION NO. 31—BY SENATOR ELLINGTON

A CONCURRENT RESOLUTIONTo direct the Department of Wildlife and Fisheries to report to the

legislature on the beaver and nutria problem in the state and tofurther report on the actions taken by the department as directed byHouse Concurrent Resolution No. 79 of the 1995 Regular Session.

Reported favorably by the Committee on Natural Resources.

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

ROLL CALL


YEAS

Mr. President Ellington LandryBajoie Fields C LentiniBarham Fields W RomeroBean Greene SchedlerBranch Hainkel ShortCain Heitmeier SiracusaCampbell Hines SmithCox Hollis TarverCravins Irons TheunissenDardenne Johnson UlloDyess Jones Total—32

NAYS

Total—0ABSENT



SENATE CONCURRENT RESOLUTION NO. 34—BY SENATORS JOHNSON, CAIN, LENTINI, SMITH, THEUNISSEN ANDSMITH

A CONCURRENT RESOLUTIONTo create and provide with respect to a joint committee to study the

entire tax system in order to make recommendations in the areasof tax exemptions, exclusions, deductions, credits, and refunds and


to create an advisory committee and provide for an expert to assist Dardenne Johnson Theunissenthe joint committee. Dyess Jones Ullo

Reported with amendments by the Committee on Revenue and Fields C LandryFiscal Affairs. Total—31


Amendments proposed by Senate Committee on Revenue and Fiscal ABSENTAffairs to Original Senate Concurrent Resolution No. 34 by SenatorJohnson Mr. President Cravins Malone

AMENDMENT NO. 1 Casanova LambertOn page 1, line 2, change "joint" to "special" Total—8

AMENDMENT NO. 2 The Chair declared the Senate had adopted the amended SenateOn page 2, line 4, after "directs" insert: "those legislators who are Concurrent Resolution and ordered it engrossed and sent to the House.members of"

AMENDMENT NO. 3On page 2, line 5, after "Affairs" insert ", and the chairmen of the Senatecommittees on Finance and Local and Municipal Affairs and thechairmen of the House committees on Appropriations and Municipaland Parochial Affairs," and change "joint" to "special"

AMENDMENT NO. 4On page 3, between lines 14 and 15 insert:

"(18) The Executive Director of the United BusinessesAssociation.

(19) The dean of the College of Business at Louisiana StateUniversity in Baton Rouge."

AMENDMENT NO. 5On page 4, line 8, change "advisory" to "special"

AMENDMENT NO. 6On page 4, line 11, change "joint" to "special"

AMENDMENT NO. 7On page 4, line 15, after "College," insert: "the Executive Director ofthe United Businesses Association, the dean of the College of Businessat Louisiana State University"

AMENDMENT NO. 8On page 4, line 16, change "THAT" to "that" and change "joint" to"special"

AMENDMENT NO. 9On page 4, line 18, after "legislation." delete the remainder of the line,and delete lines 19 through 21

On motion of Senator Barham, the committee amendment wasadopted.

Senator Johnson moved to adopt the amended Senate ConcurrentResolution.

ROLL CALL


YEAS

Bajoie Fields W LentiniBarham Greene RomeroBean Hainkel SchedlerBranch Heitmeier ShortCain Hines SiracusaCampbell Hollis SmithCox Irons Tarver

Ellington Jordan

NAYS

Total—0

Bagneris Dean Robichaux

Senate Bills and Joint Resolutions onThird Reading

and Final Passage

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

SENATE BILL NO. 3—BY SENATOR SHORT

AN ACTTo amend and reenact R.S. 47:297(D)(1) and (2), relative to individual

income tax; to provide for a home-school tax credit; and to providefor related matters.

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

ROLL CALL


YEAS

Mr. President Ellington LambertBajoie Fields C LandryBarham Fields W LentiniBean Greene RomeroBranch Heitmeier SchedlerCain Hines ShortCampbell Hollis SiracusaCox Irons SmithCravins Johnson TarverDardenne Jones TheunissenDyess Jordan Ullo Total—33

NAYS

Hainkel Total—1

ABSENT

Bagneris Dean RobichauxCasanova Malone Total—5

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



AN ACTTo enact R.S. 47:2106.1, relative to ad valorem property taxes; to

authorize the State Board of Commerce and Industry, withapproval of the governor, the Joint Legislative Committee on the AN ACTBudget, the board of directors of the East Florida Parishes To amend and reenact R.S. 47:301(13)(b), relative to state and politicalRetirement District, and the appropriate local tax authority to subdivision sales tax on the purchase of personal property; topermit the temporary deferral of ad valorem property tax on certain redefine the term “sales price” for the purchase of certain motornew retirement communities within the East Florida Parishes vehicles; and to provide for related matters.Retirement District at a certain interest rate; and to provide forrelated matters. On motion of Senator Bagneris, the bill was read by title and

Floor Amendments Sent Up

Senator Bagneris sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Bagneris on behalf of the LegislativeBureau to Engrossed Senate Bill No. 15 by Senator Short

AMENDMENT NO. 1On page 3, line 8, following "Financing" and before the closed quotationmarks"''" delete "begins after July 1, 1998"

On motion of Senator Bagneris, the amendments were adopted.

The bill was read by title. Senator Short moved final passage of theamended bill.

ROLL CALL


YEAS

Mr. President Fields C LandryBajoie Fields W LentiniBarham Greene RomeroBean Hainkel SchedlerBranch Heitmeier ShortCain Hines SiracusaCampbell Hollis SmithCox Irons TarverCravins Johnson TheunissenDardenne Jones UlloDyess JordanEllington Lambert Total—34

NAYS

Total—0ABSENT

Bagneris Dean RobichauxCasanova Malone Total—5

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

SENATE BILL NO. 42—BY SENATOR ELLINGTON

AN ACTTo enact R.S. 47:301(3)(h) and (13)(f), relative to sales and use

taxation; to exclude from state sales and use taxation a portion ofthe sales price and cost price of certain items; and to provide forrelated matters.

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


returned to the Calendar, subject to call.

SENATE BILL NO. 60—BY SENATORS BARHAM AND SCHEDLER

AN ACTTo provide a tax credit for certain amounts paid under the provisions of

Act 690 of the 1993 Regular Session of the Legislature of the stateof Louisiana; to provide for application of the credit againstcorporate income and corporate franchise taxes; to provide forcalculation of the credit; to limit application of the credit; to providerelative to the net operating loss deduction; to provide for aneffective date; and to provide for related matters.




Amendments proposed by Senator Bagneris on behalf of the LegislativeBureau to Engrossed Senate Bill No. 60 by Senator Barham

AMENDMENT NO. 1On page 3, line 1, following "Subtitle II of" delete "this"

AMENDMENT NO. 2On page 3, line 2, following "Title" and before "and" insert "47 of theLouisiana Revised Statutes"

AMENDMENT NO. 3On page 3, line 3, following "Subtitle II of" and before the period "."change "this Title" to "Title 47 of the Louisiana Revised Statutes"

On motion of Senator Bagneris, the amendments were adopted.

On motion of Senator Barham, the amended bill was read by titleand returned to the Calendar, subject to call.


AN ACTTo enact R.S. 47:6012, relative to employer tax credits; to establish an

employer tax credit for income taxes and corporation franchisetaxes for the donation of materials, equipment, advisors, orinstructors to certain entities; to provide for the amount of the taxcredit; to establish the taxable period for the tax credit; to providefor the promulgation of rules and regulations; to provide for aneffective date for donations; to provide a termination date for thetax credit; and to provide for related matters.




Amendments proposed by Senator Bagneris on behalf of the LegislativeBureau to Engrossed Senate Bill No. 76 by Senator Barham


AMENDMENT NO. 1 Mr. President Fields C LentiniOn page 3, line 5, following "promulgated" and before "no" delete "by" Bajoie Fields W Romero

On motion of Senator Bagneris, the amendments were adopted. Bean Heitmeier Short

The bill was read by title. Senator Barham moved final passage of Cain Hollis Smiththe amended bill. Campbell Irons Tarver

ROLL CALL


YEAS

Mr. President Fields W LentiniBajoie Greene MaloneBarham Hainkel RomeroBean Heitmeier SchedlerBranch Hines ShortCain Hollis SiracusaCampbell Irons SmithCox Johnson TarverDardenne Jones TheunissenDyess Jordan UlloEllington LambertFields C Landry Total—34

NAYS

Total—0ABSENT

Bagneris Cravins RobichauxCasanova Dean Total—5

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

SENATE BILL NO. 104—BY SENATORS LANDRY AND SHORT, AND SENATORS ROMERO, SMITHAND THEUNISSEN

AN ACTTo amend and reenact R.S. 47:820.2(B) and 820.4, relative to funding;

to extend the TIMED program; to increase expenditure limits ofprojects; to provide relative to expenditure of tax receipts of theprogram; to provide for the creation of a priority listing of projects;to provide for the submission of progress reports; to provide forreports by the Transportation Estimating Conference; to providefor the issuance of bonds; and to provide for related matters.


SENATE BILL NO. 109—BY SENATOR DYESS

AN ACTTo amend and reenact R.S. 47:305.37, relative to sales tax of political

subdivisions; to authorize the exemption of certain items used forfarm purposes; and to provide for related matters.

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

ROLL CALL


YEAS

Barham Greene Schedler

Branch Hines Siracusa

Cox Johnson TheunissenDardenne Jones UlloDyess JordanEllington Landry Total—31

NAYS

Hainkel Malone Total—2

ABSENT

Bagneris Cravins LambertCasanova Dean Robichaux Total—6

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

Senate Bills and Joint Resolutions onThird Reading and Final Passage,

Subject to Call

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

Called from the Calendar

Senator Barham asked that Senate Bill No. 83 be called from theCalendar at this time for its final passage.


AN ACTTo enact Part V of Chapter 1 of Title 23 of the Louisiana Revised

Statutes of 1950 to be comprised of R.S. 23:81 through 94,relative to tax exemptions; to authorize the creation of educationand training programs; to exempt such programs from state andlocal taxes; to create the Louisiana Consortium of AirConditioning, Heating, Ventilation, and Refrigeration; to providefor the development of an education and training program for theheating, ventilation, air conditioning and refrigeration industry; tocreate a board of directors and provide relative to its composition,powers, authority, and functions; to exempt the heating,ventilation, air conditioning and refrigeration consortium from stateand local taxes; and to provide for related matters.


Senator Barham sent up floor amendments which were read.


Amendments proposed by Senator Barham to Engrossed Senate BillNo. 83 by Senator Barham

AMENDMENT NO. 1On page 5, line 22, after "from" delete the remainder of the line andlines 23 through 27 in their entirety and insert "each of twelve public,two-year institutions of higher education or technical colleges selectedby the secretary of the Department of Labor."


AMENDMENT NO. 2 The resolution was read by title. Senator Romero moved to concurOn page 6, delete lines 1 through 18 and insert the following in the House Concurrent Resolution.

"(2) Sixteen members appointed by the chief executive officer ofthe consortium from among persons representing businesses which aremembers of the Louisiana Air Conditioning Contractors', Distributors'and Wholesalers' Association and the Louisiana Heatpump Association.

AMENDMENT NO. 3On page 9, line 6, after "exceed", change $5.00" to "fifty cents"

On motion of Senator Barham, the amendments were adopted.

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

ROLL CALL

The roll was called with the following result: Cravins Jones Theunissen

YEAS Dyess Lambert

Mr. President Dyess Jones Total—34Bagneris Ellington Lentini NAYSBarham Greene RomeroBean Hainkel Siracusa Total—0Cain Heitmeier Smith ABSENTCox Hines TarverDardenne Hollis Theunissen Campbell Dean Robichaux Total—21 Casanova Johnson

NAYS Total—5

Bajoie Fields W Schedler The Chair declared the Senate had concurred in the HouseBranch Irons Short Concurrent Resolution and ordered it returned to the House.Campbell Jordan UlloCravins LandryFields C Malone Total—13

ABSENT

Casanova Johnson RobichauxDean Lambert Total—5

The Chair declared the amended bill failed to pass.

Notice of Reconsideration

Senator Barham, pursuant to Senate Rule Number 11.12, gavenotice that before the expiration of the Morning Hour of the nextsucceeding legislative day of the Senate, he would move to reconsiderthe vote by which the bill failed to pass.

House Concurrent Resolutionson Second Reading


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

HOUSE CONCURRENT RESOLUTION NO. 4—BY REPRESENTATIVES JOHN SMITH, DANIEL, DEVILLE, FAUCHEUX,FLAVIN, FRITH, FRUGE, GAUTREAUX, HAMMETT, HEBERT, HILL,HOPKINS, HUDSON, MICHOT, ODINET, PIERRE, SCHNEIDER, JACKSMITH, AND TRICHE

A CONCURRENT RESOLUTIONTo approve the Coastal Wetlands Conservation and Restoration Plan for

Fiscal Year 1998-1999, prepared by the Wetlands Conservationand Restoration Authority.


ROLL CALL


YEAS

Mr. President Fields C LentiniBagneris Fields W MaloneBajoie Greene RomeroBarham Hainkel SchedlerBean Heitmeier ShortBranch Hines SiracusaCain Hollis SmithCox Irons Tarver

Dardenne Jordan Ullo

Ellington Landry

HOUSE CONCURRENT RESOLUTION NO. 37—BY REPRESENTATIVE LONG

A CONCURRENT RESOLUTIONTo urge and request the Department of Wildlife and Fisheries and the

U.S. Fish and Wildlife Service and the U.S. Forestry Service tocoordinate the opening and closing of hunting seasons in theKisatchie National Forest with the opening and closing dates onland in the state which is not owned by the federal government.


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

ROLL CALL


YEAS


NAYS

Total—0ABSENT




House Bills and Joint Resolutions onThird Reading

and Final Passage

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

HOUSE BILL NO. 7—BY REPRESENTATIVES JOHN SMITH, DANIEL, DURAND, FAUCHEUX,AND PIERRE

AN ACTTo amend and reenact R.S. 47:633(7)(c)(iv)(aa) and 648.2(1)(c),

relative to severance tax suspensions; to extend the period forseverance tax suspensions for inactive and new discovery wells;and to provide for related matters.

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

ROLL CALL


YEAS

Mr. President Fields W LentiniBajoie Greene MaloneBarham Hainkel RomeroBean Heitmeier SchedlerBranch Hines ShortCain Hollis SiracusaCampbell Irons SmithCox Johnson TarverDardenne Jones TheunissenDyess Jordan UlloEllington LambertFields C Landry Total—34

NAYS

Total—0ABSENT

Bagneris Cravins RobichauxCasanova Dean Total—5

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

HOUSE BILL NO. 8—BY REPRESENTATIVE WALSWORTH Total—3

AN ACTTo amend and reenact R.S. 47:6005(C)(1), relative to the tax credit for

purchases of qualified recycling equipment; to extend the timeperiod during which such purchases may be eligible for the credit;and to provide for related matters.


SENATE BILL NO. 25—BY SENATOR MALONE

A JOINT RESOLUTIONProposing to amend Article VI, Sections 19, 26(A), 27(A), 30 and

36(A), and Article VIII, Section 13(C)(Third) of the Constitutionof Louisiana, relative to ad valorem property taxes; to requireapproval of two-thirds of the electorate before such taxes which arenot self-operative may be levied; to authorize the reduction orrepeal of such taxes by a vote of the electorate; and to specify anelection for submission of the proposition to electors and providea ballot proposition.


Senator Hainkel sent up floor amendments which were read.


Amendments proposed by Senator Hainkel to Engrossed House Bill No.25 by Representative Montgomery

AMENDMENT NO. 1In Senate Committees Amendments proposed by the Senate Committeeon Revenue and Fiscal Affairs and adopted by the Senate on May 28,1998, in Amendment No. 3, page 1, line 14, change "1996" to "1998"and on line 19, after "the time in" delete the remainder of the line andinsert "interstate commerce and whose activities are subject to"

On motion of Senator Hainkel, the amendments were adopted.

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

ROLL CALL


YEAS


NAYS

Total—0ABSENT

Casanova Dean Robichaux

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

HOUSE BILL NO. 62—BY REPRESENTATIVE ALARIO

AN ACTTo amend and reenact R.S. 47:633(7)(b) and (c)(i), relative to the

severance tax; to authorize the Department of Revenue to certifyincapable and stripper oil wells; to provide for the value used to


determine the exemption for certified stripper well production; to Barham Greene Maloneprovide for an effective date; and to provide for related matters. Bean Hainkel Romero

On motion of Senator Barham, the bill was read by title and Cain Hines Shortreturned to the Calendar, subject to call. Campbell Hollis Siracusa

HOUSE BILL NO. 69—BY REPRESENTATIVE HAMMETT

AN ACTTo amend and reenact R.S. 47:358(B), relative to occupational license

tax on certain public utilities; to provide for imposition of the taxat each place of business; to define business location; and toprovide for related matters.

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

ROLL CALL


YEAS


NAYS

Total—0ABSENT


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

HOUSE BILL NO. 75—BY REPRESENTATIVES CHAISSON, R. ALEXANDER, BOWLER, DANIEL,DEVILLE, DIEZ, DURAND, FAUCHEUX, HAMMETT, HEATON, HUNTER,JETSON, LANCASTER, LANDRIEU, MARTINY, MONTGOMERY, ODINET,PIERRE, POWELL, VITTER, WALSWORTH, AND WINSTON

AN ACTTo amend and reenact Section 3 of Act Number 12 of the 1996 Regular

Session of the Legislature, relative to the sales and use tax; toextend the effective period of the exclusion for certain transactionsinvolving motor vehicles purchased for subsequent lease; toprovide for an effective date; and to provide for related matters.

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

ROLL CALL


YEAS

Mr. President Ellington LambertBagneris Fields C LandryBajoie Fields W Lentini

Branch Heitmeier Schedler

Cox Irons SmithCravins Johnson TarverDardenne Jones TheunissenDyess Jordan Ullo Total—36

NAYS

Total—0ABSENT


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

HOUSE BILL NO. 99—BY REPRESENTATIVES DIMOS, BRUNEAU, CRANE, DAMICO, DANIEL,DIEZ, DONELON, DURAND, FAUCHEUX, FLAVIN, HEBERT, LANCASTER,MARTINY, MCCALLUM, ODINET, PERKINS, PIERRE, SCALISE, TRICHE,KENNEY, AND SCHNEIDER AND SENATORS BARHAM, CASANOVA,DEAN, GREENE, HEITMEIER, HOLLIS, JORDAN, ROMERO, SCHEDLER,SHORT, SIRACUSA, AND ULLO

AN ACTTo amend and reenact Section 2 of Act 15 of the 1996 Regular Session

of the Legislature, relative to the state and local sales and use tax;to delete the provision which made such Act, which provides foran exclusion for certain transactions involving private andparochial elementary and secondary schools, null and void on July1, 1998; and to provide for related matters.

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

ROLL CALL


YEAS

Mr. President Fields C LandryBagneris Fields W LentiniBajoie Greene MaloneBean Heitmeier RomeroBranch Hines SchedlerCain Hollis ShortCampbell Irons SiracusaCox Johnson SmithDardenne Jones TarverDyess Jordan TheunissenEllington Lambert Ullo Total—33

NAYS

Barham Hainkel Total—2

ABSENT

Casanova DeanCravins Robichaux Total—4

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


HOUSE BILL NO. 104—BY REPRESENTATIVE HILL

AN ACTTo enact R.S. 33:2740.38, to authorize the governing authority of Allen

Parish to impose a one percent hotel occupancy tax within theparish to be used to fund capital improvements in the parish; andto provide for related matters.


Senator Cox sent up floor amendments which were read.


Amendments proposed by Senator Cox to Engrossed House Bill No.104 by Representative Hill

AMENDMENT NO. 1On page 1, line 2, after "enact" change "R.S. 33:2740.38," to "R.S.33:2740.38 and 2740.39, relative to hotel occupancy taxes;"

AMENDMENT NO. 2On page 1, line 4, after "parish;" insert "to authorize the governingauthority of certain municipalities, subject to voter approval, to levy ahotel occupancy tax;"

AMENDMENT NO. 3On page 1, line 10, after "Section 1." change "R.S. 33:2740.38 is" toR.S. 33:2740.38 and 2740.39 are"


"§2740.39. Certain municipalities; hotel occupancy tax; authorizationA.(1) Notwithstanding any other provision of law, and in addition

to any other tax now or hereafter levied and collected, the governingauthority of any municipality having a population of less than tenthousand persons as of the most recent federal decennial census and inwhich a riverboat is authorized to conduct gaming activities pursuant toR.S. 27:41 et seq. may, in accordance with Subsection B of this Section,levy and collect a tax upon the paid occupancy of hotel rooms locatedwithin the municipality. The hotel occupancy tax shall be three dollars AN ACTper night per room. To enact R.S. 33:2740.1.1, relative to ad valorem taxes for public

(2) The word "hotel" as used in this Section shall mean and cemetery maintenance; to authorize the governing authority ofinclude any establishment, public or private, engaged in the business of Morehouse Parish to levy ad valorem taxes in any ward for thefurnishing or providing rooms or overnight camping facilities intended maintenance and upkeep of public cemeteries; and to provide foror designed for dwelling, lodging, or sleeping purposes to transient related matters.guests where such establishment consists of two or more guest roomsand does not encompass any hospital, convalescent or nursing home or The bill was read by title. Senator Jones moved the final passagesanitarium, or any hotel-like facility operated by or in connection with of the bill.a hospital or medical clinic providing rooms exclusively for patients andtheir families.

(3) The hotel occupancy tax shall be paid by the person whoexercises or is entitled to occupancy of the hotel room and shall be paidat the time the rent or fee for occupancy is paid. "Person" as used hereinshall have the same definition as that contained in R.S. 47:301(8).

B. The governing authority of any such municipality shall imposethe hotel occupancy tax by ordinance. The governing authority mayadopt such ordinance only after a proposition authorizing the levy of thetax has been approved by a majority of the electors of the municipalityvoting at an election held for that purpose in accordance with theapplicable provisions of the Louisiana Election Code. The governingauthority may provide in the ordinance necessary and appropriate rulesand regulations for the imposition, collection, and enforcement of thehotel occupancy tax.

C. The governing authority may enter into a contract under suchterms and conditions as it may deem appropriate, including payment ofa reasonable collection fee, with any public entity authorized to collectsales or use taxes for the collection of the hotel occupancy taxauthorized hereby. The hotel occupancy tax shall be in addition to all

taxes presently being levied upon the occupancy of hotel rooms locatedwithin the municipality."

On motion of Senator Cox, the amendments were adopted.

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

ROLL CALL


YEAS


NAYS

Total—0ABSENT


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

HOUSE BILL NO. 106—BY REPRESENTATIVE MCDONALD

ROLL CALL


YEAS

Mr. President Ellington LambertBagneris Fields C LandryBajoie Fields W LentiniBarham Greene MaloneBean Hainkel RomeroBranch Heitmeier SchedlerCain Hines ShortCampbell Hollis SmithCox Irons TarverCravins Johnson TheunissenDardenne Jones UlloDyess Jordan Total—35

NAYS


Total—0ABSENT

Casanova RobichauxDean Siracusa Total—4

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

HOUSE BILL NO. 115—BY REPRESENTATIVE MONTGOMERY

AN ACTTo enact R.S. 33:2740.38, relative to Bossier Parish; to authorize,

subject to voter approval, the levy of an ad valorem tax in theparish; to provide relative to the amount, duration, collection, anduse of such tax; to provide for the entity which is authorized to levysuch tax; and to provide for related matters.

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

ROLL CALL


YEAS

Mr. President Ellington LambertBagneris Fields C LandryBajoie Fields W LentiniBarham Greene RomeroBean Hainkel SchedlerBranch Heitmeier Short AN ACTCain Hines Smith To enact R.S. 40:1501.4, relative to fire protection districts operating inCampbell Hollis Tarver Calcasieu Parish; to prohibit the collection of certain ad valoremCox Irons Theunissen taxes by such districts in areas which have been annexed byCravins Johnson Ullo municipalities; to provide for exceptions; and to provide for relatedDardenne Jones matters.Dyess Jordan Total—34 The bill was read by title. Senator Cox moved the final passage of

NAYS the bill.

Total—0ABSENT

Casanova Malone SiracusaDean Robichaux Total—5

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

HOUSE BILL NO. 124—BY REPRESENTATIVE MONTGOMERY

AN ACTTo enact R.S. 40:1501(E)(8), relative to East-Central Bossier Parish

Fire District No. 1; to authorize the governing authority of thedistrict to levy and collect, subject to voter approval, an additionaltax for maintenance and operation of the fire district; and toprovide for related matters.


ROLL CALL


YEAS

Bagneris Ellington JordanBajoie Fields C LambertBarham Fields W LandryBean Greene LentiniBranch Hainkel RomeroCain Heitmeier SchedlerCampbell Hines SmithCox Hollis TarverCravins Irons TheunissenDardenne Johnson UlloDyess Jones Total—32

NAYS

Total—0ABSENT

Mr. President Malone SiracusaCasanova RobichauxDean Short Total—7


HOUSE BILL NO. 134—BY REPRESENTATIVES STELLY AND FLAVIN

ROLL CALL


YEAS

Mr. President Ellington LambertBagneris Fields C LandryBajoie Fields W LentiniBarham Greene MaloneBean Hainkel RomeroBranch Heitmeier SchedlerCain Hines SmithCampbell Hollis TarverCox Irons TheunissenCravins Johnson UlloDardenne JonesDyess Jordan Total—34

NAYS

Total—0ABSENT

Casanova Robichaux SiracusaDean Short Total—5


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

HOUSE BILL NO. 143—BY REPRESENTATIVE MONTGOMERY AND SENATORS CRAVINS, BEAN,AND TARVER

AN ACTTo amend and reenact R.S. 27:391 and to enact R.S. 27:393, relative to

the taxation of slot machine gaming at certain live horse racingtracks as authorized by Act 721 of the 1997 Regular Session of theLegislature; to provide with respect to the authority of certain localgoverning authorities to levy a tax on taxable net slot machineproceeds; to levy a tax on taxable net slot machine proceeds; andto provide for related matters.

Motion

On motion of Senator Cravins, House Bill No. 143 was madeSpecial Order of the Day, No. 1 on Thursday, June 4, 1998 immediatelyfollowing the Morning Hour.

HOUSE BILL NO. 145—BY REPRESENTATIVES MONTGOMERY AND FAUCHEUX

AN ACTTo amend and reenact Section 2 of Act 10 of the 1996 Regular Session

of the Legislature, relative to the tax credit for donations to the OldState Capitol, the State Capitol Complex, and the State Archival,Historical and Public Records Services; to change the provisionwhich made such credit null and void on June 30, 1998.


ROLL CALL


YEAS

Mr. President Ellington LambertBagneris Fields C LandryBajoie Fields W LentiniBarham Greene RomeroBean Hainkel SchedlerBranch Heitmeier ShortCain Hines SiracusaCampbell Hollis SmithCox Irons TarverCravins Johnson TheunissenDardenne Jones UlloDyess Jordan Total—35

NAYS

Malone Total—1

ABSENT



HOUSE BILL NO. 191—BY REPRESENTATIVE MORRISH

AN ACTTo enact R.S. 39:816, relative to School District Number 3 of Jefferson

Davis Parish; to authorize the levy of a parcel fee within districtboundaries; to provide for voter approval; to provide for impositionand collection; to provide a limitation on the amount of any suchparcel fee; to provide relative to the use of proceeds; and to providefor related matters.

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

ROLL CALL


YEAS

Mr. President Ellington LambertBagneris Fields C LandryBajoie Fields W LentiniBarham Greene MaloneBean Hainkel RomeroBranch Heitmeier SchedlerCain Hines SiracusaCampbell Hollis SmithCox Irons TarverCravins Johnson TheunissenDardenne Jones UlloDyess Jordan Total—35

NAYS

Total—0ABSENT

Casanova RobichauxDean Short Total—4

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

HOUSE BILL NO. 195—BY REPRESENTATIVE MURRAY

AN ACTTo amend and reenact R.S. 47:321(C) and 322, relative to the sales and

use tax; to provide that the one percent tax on sales of servicesimposed by Section 2 of Act No. 5 of the 1996 Regular Session ofthe Legislature was not intended to apply to the furnishing oftelecommunications services; to provide for an effective date; andto provide for related matters.

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

ROLL CALL


YEAS

Bagneris Ellington LandryBajoie Fields C LentiniBarham Fields W MaloneBean Greene RomeroBranch Heitmeier SchedlerCain Hines ShortCampbell Hollis Siracusa


Cox Irons Smith The bill was read by title. Senator Barham moved the final passageCravins Johnson Tarver of the bill.Dardenne Jones TheunissenDyess Jordan Ullo Total—33

NAYS

Hainkel Total—1

ABSENT

Mr. President Dean RobichauxCasanova Lambert Total—5

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

HOUSE BILL NO. 200—BY REPRESENTATIVE WILKERSON

AN ACTTo enact R.S. 47:297(L), relative to the individual income tax; to

provide for an income tax credit for the purchase of a bulletproofvest by law enforcement officers and certain employees of theDepartment of Public Safety and Corrections; to provide for aneffective date; and to provide for related matters.


ROLL CALL


YEAS

Mr. President Fields C LandryBagneris Fields W Lentini AN ACTBajoie Greene Malone To amend and reenact R.S. 47:287.92(B) and R.S. 47:287.93(A) andBarham Hainkel Romero to repeal R.S. 47:287.94(H) and (I) and R.S. 47:287.95(I), relativeBean Heitmeier Schedler to income tax; to provide for the allocation and/or apportionmentBranch Hines Short of certain income to the state; to provide for the treatment ofCain Hollis Siracusa certain income from corporations with a situs in the state; and toCampbell Irons Smith provide for related matters.Cox Johnson TarverCravins Jones Theunissen On motion of Senator Barham, the bill was read by title andDyess Jordan Ullo returned to the Calendar, subject to call.Ellington Lambert Total—35

NAYS

Total—0ABSENT

Casanova DeanDardenne Robichaux Total—4


HOUSE BILL NO. 229—BY REPRESENTATIVE DANIEL

AN ACTTo amend and reenact Section 2 of Act No. 29 of the 1996 Regular

Session of the Legislature, relative to the sales and use tax; toprovide for the extension of the exemption and suspension forboiler fuel; and to provide for related matters.

ROLL CALL


YEAS

Mr. President Fields C LentiniBagneris Fields W MaloneBajoie Greene RomeroBarham Heitmeier SchedlerBean Hines ShortBranch Hollis SiracusaCain Irons SmithCampbell Johnson TarverCravins Jones TheunissenDardenne Jordan UlloDyess LambertEllington Landry Total—34

NAYS

Hainkel Total—1

ABSENT

Casanova DeanCox Robichaux Total—4

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

HOUSE BILL NO. 231—BY REPRESENTATIVE MCDONALD AND SENATOR BARHAM

House Bills and Joint Resolutions onThird Reading and Final Passage,

Subject to Call

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

Called from the Calendar

Senator Ellington asked that House Bill No. 8 be called from theCalendar at this time for its final passage.

HOUSE BILL NO. 8—BY REPRESENTATIVE WALSWORTH

AN ACTTo amend and reenact R.S. 47:6005(C)(1), relative to the tax credit for

purchases of qualified recycling equipment; to extend the timeperiod during which such purchases may be eligible for the credit;and to provide for related matters.



ROLL CALL


YEAS

Bajoie Fields C LentiniBarham Fields W MaloneBean Greene RomeroBranch Heitmeier SchedlerCain Hines ShortCampbell Hollis SiracusaCox Johnson SmithCravins Jones TarverDardenne Jordan TheunissenDyess Lambert UlloEllington Landry Total—32

NAYS

Bagneris Hainkel Total—2

ABSENT

Mr. President Dean RobichauxCasanova Irons Total—5


Rules Suspended

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

Privilege Report of theLegislative Bureau

June 1, 1998


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

The following bills are approved as to construction and duplication.
























Reported without amendments.Respectfully submitted,DENNIS BAGNERIS

Chairman

Adoption of Legislative Bureau Report

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





CONCURRING INSENATE CONCURRENT RESOLUTIONS

June 1, 1998


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

SENATE CONCURRENT RESOLUTION NO. 39—BY SENATORS ELLINGTON AND EWING




SENATE CONCURRENT RESOLUTION NO. 40— Resolution and ordered it sent to the House.BY SENATOR DARDENNE

A CONCURRENT RESOLUTIONTo commend and congratulate Polly des Bordes on her illustrious and

exemplary career as executive director for the Baton Rouge SoccerAssociation on the occasion of her retirement.


SENATE CONCURRENT RESOLUTION NO. 41—BY SENATOR HINES AND REPRESENTATIVE FRUGE

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

statisticians of the St. Edmund High School boys' baseball teamupon its excellence during the 1998 season that culminated in itswinning the Class A state high school baseball title and incompiling a record of 29-5.




Introduction ofSenate Concurrent Resolutions

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

SENATE CONCURRENT RESOLUTION NO. 51—BY SENATOR HAINKEL AND REPRESENTATIVE BRUNEAU

A CONCURRENT RESOLUTIONTo request the Republican National Committee to select New Orleans

as the site of the 2000 national nominating convention of theRepublican Party and to express the full support of the Legislatureof Louisiana for selection of the city as the convention site.

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

ROLL CALL


YEAS


NAYS

Total—0ABSENT


The Chair declared the Senate had adopted the Senate Concurrent

SENATE CONCURRENT RESOLUTION NO. 52—BY SENATOR SCHEDLER AND REPRESENTATIVE SCHNEIDER

A CONCURRENT RESOLUTIONTo urge and request the secretary of the Department of Wildlife and

Fisheries to evaluate and study scenic Bayou Liberty in St.Tammany Parish from the center of the waterway to the low watermark.

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

ROLL CALL


YEAS


NAYS

Total—0ABSENT







ASKING CONCURRENCE INHOUSE CONCURRENT RESOLUTIONS

June 1, 1998


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


A CONCURRENT RESOLUTIONTo urge and request the Board of Regents to review and study the use

of postsecondary educational institution physical plant facilities bypublic elementary and secondary schools and nonpublic elementaryand secondary schools approved by the State Board of Elementaryand Secondary Education, to recommend a uniform policy,including provisions for reasonable fees, which will encourage theuse of such facilities by public and nonpublic schools subject to theadministration of each management board, and to submit a writtenreport of its findings to the House and Senate Committees onEducation prior to the beginning of the 1999 Regular Session ofthe Legislature.



House Concurrent Resolutions

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


A CONCURRENT RESOLUTIONTo urge and request the Board of Regents to review and study the use

of postsecondary educational institution physical plant facilities bypublic elementary and secondary schools and nonpublic elementaryand secondary schools approved by the State Board of Elementaryand Secondary Education, to recommend a uniform policy,including provisions for reasonable fees, which will encourage theuse of such facilities by public and nonpublic schools subject to theadministration of each management board, and to submit a writtenreport of its findings to the House and Senate Committees onEducation prior to the beginning of the 1999 Regular Session ofthe Legislature.





ASKING CONCURRENCE INHOUSE BILLS AND JOINT RESOLUTIONS

June 1, 1998


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

HOUSE BILL NO. 15—BY REPRESENTATIVES FAUCHEUX AND DURAND

AN ACTTo enact R.S. 47:305.51, relative to state and local sales and use tax; to

provide for an exemption for motor vehicles of certain retireesupon becoming domiciled in Louisiana; and to provide for relatedmatters.


AN ACTTo enact R.S. 47:301(16)(d), relative to the sales and use tax; to define

tangible personal property to exclude certain work products whichare created in the normal course of business by any person licensedor regulated by the provisions of Title 37 of the Louisiana RevisedStatutes of 1950; to provide for certain exceptions; to provide foran effective date; and to provide for related matters.


AN ACTTo enact R.S. 47:301(7)(h), relative to state and local sales and use

taxes; to provide for the exclusion of certain leases or rentals ofmotor vehicles to automobile dealerships; to provide for aneffective date; and to provide for related matters.

HOUSE BILL NO. 125—BY REPRESENTATIVE WESTON


Session of the Legislature, as amended by Section 2 of Act No.285 of the 1992 Regular Session of the Legislature, and Section 3of Act No. 1291 of the 1997 Regular Session of the Legislature,relative to the Louisiana Tax Free Shopping Program; to extend thetermination date of the program to July 1, 2001; and to provide forrelated matters.

HOUSE BILL NO. 129—BY REPRESENTATIVE LANDRIEU

AN ACTTo enact R.S. 47:6012, relative to corporate taxation; to provide for a

tax credit for corporations to be taken against the corporationincome and franchise taxes for the donation of certain property toa public school; and to provide for related matters.

HOUSE BILL NO. 188—BY REPRESENTATIVES HOPKINS AND GLOVER

AN ACTTo enact R.S. 33:9033.3, relative to local finance; to provide relative to

sales tax incremental financing in certain municipalities; to providefor development and notice of a proposed sales tax area; to providefor determination of applicable sales taxes, increments, andcollection rates; to require certification of collection rates; torequire publication of and a period of objection to proposed rates;to provide for issuance of bonds; to provide relative to service ofbonds; and to provide for related matters.



House Bills and Joint Resolutions

Senator Bagneris asked for and obtained a suspension of the rulesto take up at this time the following House Bills and Joint Resolutionsjust received from the House which were taken up, read a first andsecond time by their titles and acted upon as follows:


HOUSE BILL NO. 15—BY REPRESENTATIVES FAUCHEUX AND DURAND

AN ACTTo enact R.S. 47:305.51, relative to state and local sales and use tax; to

provide for an exemption for motor vehicles of certain retireesupon becoming domiciled in Louisiana; and to provide for related A CONCURRENT RESOLUTIONmatters. To notify the State Board of Elementary and Secondary Education that

On motion of Senator Bagneris, the bill was read by title and adjudicated to the custody of the Department of Public Safety andreferred to the Committee on Revenue and Fiscal Affairs. Corrections who are incarcerated in a certain youth correctional


AN ACTTo enact R.S. 47:301(16)(d), relative to the sales and use tax; to define

tangible personal property to exclude certain work products whichare created in the normal course of business by any person licensedor regulated by the provisions of Title 37 of the Louisiana RevisedStatutes of 1950; to provide for certain exceptions; to provide foran effective date; and to provide for related matters.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Revenue and Fiscal Affairs.


AN ACTTo enact R.S. 47:301(7)(h), relative to state and local sales and use

taxes; to provide for the exclusion of certain leases or rentals ofmotor vehicles to automobile dealerships; to provide for aneffective date; and to provide for related matters.


HOUSE BILL NO. 125—BY REPRESENTATIVE WESTON


Session of the Legislature, as amended by Section 2 of Act No.285 of the 1992 Regular Session of the Legislature, and Section 3of Act No. 1291 of the 1997 Regular Session of the Legislature,relative to the Louisiana Tax Free Shopping Program; to extend thetermination date of the program to July 1, 2001; and to provide forrelated matters.


HOUSE BILL NO. 129—BY REPRESENTATIVE LANDRIEU

AN ACTTo enact R.S. 47:6012, relative to corporate taxation; to provide for a

tax credit for corporations to be taken against the corporationincome and franchise taxes for the donation of certain property toa public school; and to provide for related matters.


HOUSE BILL NO. 188—BY REPRESENTATIVES HOPKINS AND GLOVER

AN ACTTo enact R.S. 33:9033.3, relative to local finance; to provide relative to

sales tax incremental financing in certain municipalities; to providefor development and notice of a proposed sales tax area; to providefor determination of applicable sales taxes, increments, andcollection rates; to require certification of collection rates; torequire publication of and a period of objection to proposed rates;to provide for issuance of bonds; to provide relative to service ofbonds; and to provide for related matters.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Local and Municipal Affairs.

SENATE CONCURRENT RESOLUTION NO. 53—BY SENATOR HAINKEL

the legislature intends to fund educational services for juveniles

facility by appropriation of funds for such purpose to theDepartment of Public Safety and Corrections.

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

ROLL CALL


YEAS

Mr. President Fields C LambertBagneris Fields W LentiniBarham Greene MaloneBean Hainkel RomeroBranch Heitmeier SchedlerCain Hines ShortCampbell Hollis SiracusaCox Irons SmithDardenne Johnson TarverDyess Jones TheunissenEllington Jordan Ullo Total—33

NAYS

Total—0ABSENT

Bajoie Cravins LandryCasanova Dean Robichaux Total—6


Privilege Report of the Committee onSenate and Governmental Affairs

ENROLLMENTS

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

June 1, 1998


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

The following Senate Concurrent Resolution has been properlyenrolled:

SENATE CONCURRENT RESOLUTION NO. 14—BY SENATOR BRANCH

A CONCURRENT RESOLUTIONTo urge and request the Department of Transportation and

Development to lower the speed limit to forty-five miles per houron Louisiana Highway 964 from its intersection with Louisiana


Highway 61 north to the East Baton Rouge Parish line until suchtime as appropriate road repairs can be made.

Respectfully submitted,JAY DARDENNE

Chairman

The foregoing Senate Concurrent Resolution was signed by thePresident of the Senate.

Leaves of Absence

The following leaves of absence were asked for and granted:

Casanova 1 Day Dean 1 DayRobichaux 1 Day

Adjournment

Senator Bagneris moved that the Senate adjourn until Tuesday,June 2, 1998 at 2:00 o'clock P.M.

The President of the Senate declared the Senate adjourned until2:00 o'clock P.M. on Tuesday, June 2, 1998.

MICHAEL S. BAER, IIISecretary of the Senate

GAYE F. HAMILTONJournal Clerk

Documents

OFFICIAL JOURNAL OF THE SENATEsenate.legis.state.la.us/SessionInfo/Archives/1998RS/RegularJournals/journj1.pdfOFFICIAL JOURNAL OF THE SENATE OF THE STATE OF LOUISIANA _____ ELEVENTH