OFFICIAL JOURNAL OF THE SENATEsenate.la.gov/SessionInfo/Archives/1997/Journals/journa22.pdf · Peter Giuffria Curtis Hudson John Hunter Robert Manetta Board of Examiners of Certified

OFFICIAL JOURNALOF THE

SENATEOF THE

STATE OF LOUISIANA_______

FOURTEENTH DAY'S PROCEEDINGS_______Twenty-Third Regular Session of the Legislature

Under the Adoption of theConstitution of 1974

_______Senate Chamber

State CapitolBaton Rouge, Louisiana

Tuesday, April 22, 1997

The Senate was called to order at 1:30 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 Dyess LambertBagneris Ellington LandryBajoie Fields LentiniBarham Greene MaloneBean Guidry RobichauxBranch Hainkel RomeroCain Heitmeier SchedlerCampbell Hines ShortCasanova Hollis SiracusaCox Irons SmithCravins Johnson TarverDardenne Jones TheunissenDean Jordan Ullo Total—39

ABSENT

Total—0

The President of the Senate announced there were 39 Senatorspresent and a quorum.

Prayer

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

Reading of the Journal

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

Morning Hour

Messages from the Governor

The following messages from the Governor were received and readas follows:

State of LouisianaOFFICE OF THE GOVERNOR

Baton Rouge70808-9004

April 22, 1997

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, the individuals on the attached page have beenappointed and previously submitted for your consideration.

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

Sincerely,M.J. “Mike” Foster, Jr.

Governor

Emergency Medical Service for Children Advisory Council

Stephen H. Lesser, M.D. (resigned)

Governor’s Advisory Council on Juvenile Justice

Jason Everett Dunavant (resigned)

Lafourche Basin Levee District, Board of Commissioners

Hamilton N. Dantin

State of LouisianaOFFICE OF THE GOVERNOR

Baton Rouge70808-9004

April 22, 1997

The Honorable President and Members of the Senate

Ladies and Gentlemen:

I have appointed the persons on the attached list to the officesindicated.

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

Sincerely,M.J. “Mike” Foster, Jr.

Governor

Agricultural Commodities Commission

Royby Vincent

Governor’s Arson Strike Force

Butch Browning Jerry DennisBo Roberts Gerry TarletonRon Travis Don Weeks

Louisiana Arts Council

Cynthia Ardoin Kay BetzLeah Chase Beverly CovingtonMarilyn M. Cox Ken FerdinandColleen C. Fletcher Dan HendersonSara H. Herrington Quincy HilliardJean S. Hurley Mary T. JosephBeth Kaplan Gregory N. MarcantelCarolyn McLellan Sally Ann PerryCharlotte Walters Cynthia WarnerChristine Weeks Beverly Wilson

Drug Control and Violent Crime Policy Board

SENATE 14th DAY'S PROCEEDINGSApril 22, 1997

Steve Afeman simple interest transaction; and to provide for related matters.

Drug Policy Board HOUSE BILL NO. 499—

Dr. Billy McCormack Michael MitchellRamona Ryan

Louisiana Military Advisory Commission

Charles E. Castaing

New Orleans City Park Improvement Association Board ofCommissioners

Michael J. McNulty, Jr.

St. Tammany Levee District, Board of Commissioners

Peter Giuffria Curtis HudsonJohn Hunter Robert Manetta

Board of Examiners of Certified Shorthand Reporters

Dannette Bickham Durwood ConqueMilton Donegan, Jr. Peter GilbertiLloyd E. Hennigan, Jr. C. Ray PilantMarilyn Richardson

Small Business Compliance Advisory Panel

Pam Caster Ed Overton

Louisiana Student Financial Assistance Commission

F. Travis Lavigne, Jr.

Messages from the House

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

Message from the House

ASKING CONCURRENCE INHOUSE BILLS AND JOINT RESOLUTIONS

April 21, 1997

To the Honorable President and Members of the Senate:

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

HOUSE BILL NO. 416—BY REPRESENTATIVES TRAVIS AND MURRAY

AN ACTTo amend and reenact R.S. 6:128(B)(introductory paragraph), 285(C),

420(D), 712(D)(1), and 1187(A) and (B)(5) and to repeal R.S.6:2(10), relative to regulation of banks and banking; to provide forholidays for financial institutions; to provide for designation ofagent for service of process; to provide for reporting of criminalviolations; to provide for corporate names; to provide for proxies;and to provide for related matters.

HOUSE BILL NO. 471—BY REPRESENTATIVES GREEN AND MURRAY

AN ACTTo amend and reenact R.S. 9:3527(D), relative to consumer credit

transactions; to require a creditor to notify a consumer beforeconverting a precomputed consumer credit transaction into a

BY REPRESENTATIVE MICHOTAN ACT

To amend and reenact R.S. 51:1909.1(A) and to enact R.S. 51:1901(8)and 1901.2, relative to commercial co-venturers; to provide adefinition; to provide for final accounting for charitable salespromotions; to provide for the promulgation of rules for disclosureof the percentage of funds collected by commercial co-venturersthat actually goes to the charitable organization; to provide forviolations and penalties; and to provide for related matters.

HOUSE BILL NO. 518—BY REPRESENTATIVES DIMOS, ANSARDI, AND MCMAINS

AN ACTTo amend and reenact R.S. 9:2004, relative to seizure of a beneficiary's

interest in a trust; to provide that a creditor may seize abeneficiary's interest in income and principal to the extent that abeneficiary has donated property to the trust, directly or indirectly;and to provide for related matters.


AN ACTTo amend and reenact R.S. 9:1895(A), 1973, and 1978, all relative to

the Louisiana Trust Code; to provide for a shifting of interest inprincipal; to provide with respect to the effect of the death of aclass member during the term of a class trust; to authorize ashifting of interest in principal if a beneficiary is a descendant ofthe settlor; and to provide for related matters.

HOUSE BILL NO. 541—BY REPRESENTATIVE MARIONNEAUX

AN ACTTo enact R.S. 33:321.1, relative to municipalities governed by the

Lawrason Act; to authorize the board of aldermen in any suchmunicipality to refer to itself as a village, town, or city council, asappropriate, and to the members thereof as council members; toprovide for related name changes; and to provide for relatedmatters.


AN ACTTo amend and reenact R.S. 6:333(A)(2) and R.S. 9:3571(A), to enact

R.S. 6:333(A)(10)(g), and to repeal R.S. 9:3571(B) through (E),relative to disclosure of financial records by financial institutions;to expand definitions; to delete certain requirements relative to thedissemination of credit information; and to provide for relatedmatters.


AN ACTTo amend and reenact Civil Code Article 3533, relative to conflict of

laws as to the succession of immovables situated in this state; toprovide when the law of forced heirship does not apply; and toprovide for related matters.

HOUSE BILL NO. 659—BY REPRESENTATIVE PINAC

AN ACTTo amend and reenact R.S. 33:9102(B) and to enact Part V of Chapter

31 of Title 33 of the Louisiana Revised Statutes of 1950, to becomprised of R.S. 33:9131.5, relative to the Acadia ParishCommunications District; to provide relative to the purposes ofsuch district; to provide relative to enhancement of emergencytelecommunications service; to provide relative to service chargescollected by the district including provisions relative to use of theproceeds from such charges, the telecommunications service usersliable for such charges, the rate of such charges, and the collectionand enforcement of such charges; and to provide for related

14th DAY'S PROCEEDINGS Page 3 SENATEApril 22, 1997

matters.

HOUSE BILL NO. 831—BY REPRESENTATIVE WELCH

AN ACT Assistance Plan; to provide relative to ineligibility under certainTo enact R.S. 47:463.48, relative to motor vehicle registration; to circumstances; and to provide for related matters.

provide for special prestige license plates for Laos War veterans;and to provide for related matters.


AN ACT strategies and strategic plans of hospital service districts; to provideTo amend and reenact R.S. 6:124, relative to financial institutions; to for the continued confidentiality of marketing strategies and

provide relative to reports made by financial institutions to the strategic plans after such strategy or plan is complete and when itcommissioner of financial institutions; and to provide for related is presented to a state agency or subdivision of the state; to providematters. that certain records shall not be confidential; and to provide for


AN ACTTo repeal R.S. 9:3566, relative to consumer credit sales; to repeal AN ACT

certain provisions requiring retention of records of consumer credit To enact R.S. 22:2018(E) and R.S. 40:2202(5)(f), relative to healthsales. maintenance organizations, managed care entities, and preferred

HOUSE BILL NO. 1564—BY REPRESENTATIVES DOWNER, R. ALEXANDER, BARTON, COPELIN,DEVILLE, DIMOS, DUPRE, FLAVIN, FONTENOT, FORSTER, HUNTER,JOHNS, LANCASTER, LEBLANC, MCCAIN, MCDONALD, MCMAINS,MICHOT, PIERRE, SCALISE, JOHN SMITH, STELLY, TRICHE,WALSWORTH, WELCH, WIGGINS, WINDHORST, WINSTON, ANSARDI,BAUDOIN, BAYLOR, BRUCE, CARTER, CLARKSON, CRANE, DAMICO,DOERGE, DONELON, DURAND, FARVE, FAUCHEUX, FRITH, FRUGE,GUILLORY, HAMMETT, HEBERT, HILL, HOLDEN, JETSON, KENNARD,KENNEY, LANDRIEU, LONG, MARIONNEAUX, MARTINY, MCCALLUM,MITCHELL, MONTGOMERY, MORRELL, ODINET, PERKINS, POWELL,PRATT, QUEZAIRE, RIDDLE, ROMERO, ROUSSELLE, SALTER, SHAW,THOMAS, THOMPSON, THORNHILL, TRAVIS, VITTER, WARNER,WILLARD-LEWIS, AND WRIGHT

AN ACTTo enact R.S. 24:15, relative to the legislature; to create the Broadcast

Education Network; to provide for the responsibilities andfunctions of the legislature and the Louisiana EducationalTelevision Authority in relation thereto; and to provide for relatedmatters.

HOUSE BILL NO. 1573—BY REPRESENTATIVE FAUCHEUX

AN ACTTo amend and reenact R.S. 22:1451(A), relative to annual reports by

insurers; to require the Department of Insurance to promulgaterules and regulations to require insurers to disclose certaininformation; to require the disclosure on an annual and rate-making basis; and to provide for related matters.

HOUSE BILL NO. 1584—BY REPRESENTATIVES MCDONALD AND DOWNER

AN ACTTo amend and reenact R.S. 17:3092(1) and (2), 3093(D)(1)(f) and (h),

3095(A)(2), (B), (C)(6) and (7), (D), (F), and (G), 3096(B)(2)(a),(D), and (E)(2), 3098(C) and (D), and 3099(A) and (C) and toenact R.S. 17:3091(C) and 3092(10) and R.S. 47:1508(B)(17),relative to the Louisiana Student Tuition Assistance and RevenueTrust Program; to provide legislative intent; to provide programdefinitions; to provide relative to program administration by theLouisiana Tuition Trust Authority and for powers and duties of theauthority; to provide for adoption by the authority of certain rulespursuant to the Administrative Procedure Act; to provide relativeto education savings accounts and education assistance accounts;to provide relative to the termination of depositor's agreements; toprovide relative to the Louisiana Education and Tuition SavingsFund; to provide for release to the office of student financialassistance of a taxpayer's reported federal adjusted gross incomeunder specified circumstances; and to provide for related matters.


AN ACTTo amend and reenact R.S. 17:3026(A)(3)(c)(iii), relative to the Tuition

HOUSE BILL NO. 987—BY REPRESENTATIVES HEBERT AND GREEN

AN ACTTo enact R.S. 46:1073(D), (E), (F), and (G), relative to marketing

related matters.

HOUSE BILL NO. 1858—BY REPRESENTATIVE MURRAY

provider organizations; to preclude contract clauses prohibiting aprovider from informing a subscriber, enrollee, or prospectiveenrollee regarding health care services offered by a healthmaintenance organization, managed care entity, or preferredprovider organization; and to provide for related matters.

HOUSE BILL NO. 1490—BY REPRESENTATIVES DEVILLE, DEWITT, AND DURAND

AN ACTTo amend and reenact R.S. 40:1232(A)(3) and (4) and to enact R.S.

40:1232(A)(5) and to enact R.S. 36:259(M), relative toemergency medical services; to provide that the Department ofHealth and Hospitals shall promulgate rules and regulations toestablish a list of medical and safety equipment required to becarried by all ambulances; to establish and provide relative to anadvisory committee to be known as the Ambulance StandardsCommittee; and to provide for related matters.

HOUSE BILL NO. 1792—BY REPRESENTATIVE JOHN SMITH

AN ACTTo amend and reenact R.S. 30:11.1, relative to filing and recording of

orders creating drilling or production units by the commissioner ofconservation; to provide for the filing of copies of such orders; andto provide for related matters.

HOUSE BILL NO. 1932—BY REPRESENTATIVES MCDONALD, DOWNER, BARTON, BAUDOIN,CRANE, DOERGE, HILL, KENNEY, LONG, POWELL, PRATT, AND SHAWAND SENATOR EWING

AN ACTTo amend and reenact R.S. 17:3042.1(A)(3) and (4), (B), (C), and (D)

and 3042.2(A) and (B) and to enact R.S. 17:3042.1(A)(5), relativeto loans for students enrolled in collegiate teacher preparationprograms; to provide relative to eligibility requirements includingcertain test scores and grade point averages; to provide relative tothe authority of the commission to make such loans; to remove aprovision relative to grade point average requirement exceptions;to provide relative to loan amounts for certain applicants; toremove provisions relative to loans for graduate school students;and to provide for related matters.


AN ACTTo amend and reenact R.S. 56:326(A)(introductory paragraph), relative

to fishing; to provide relative to size and possession limits forcommercial fish; to delete references to certain repealed sectionsof law; and to provide for related matters.


HOUSE BILL NO. 2113— HOUSE BILL NO. 371—BY REPRESENTATIVE DIMOS BY REPRESENTATIVE LONG

AN ACT AN ACTTo amend and reenact R.S. 22:215.1, 215.2, 215.3, 215.4, To enact R.S. 13:2111, relative to the City Court of Natchitoches; to

215.8(introductory paragraph), 215.10(A), 215.14(A) and (C), authorize the transfer of surplus funds from the court's civil fee227, 230.1(A) and (C), 2002(2), and 2016(A) and to enact R.S. account to the court's general operational fund; and to provide for22:2016(F) and (G), relative to health maintenance organizations; related matters.to require health maintenance organizations to offer mandatedhealth benefits options; to require health maintenanceorganizations to provide coverage for mandated health benefits;and to provide for related matters.


AN ACT Police Employees' Retirement System and the funding thereof; toTo enact R.S. 17:3042.32(D), relative to the Louisiana Honors reduce the percentage of payment to be made by the municipality

Scholarship Program; to provide for the application of scholarships in such mergers; and to provide for related matters.awarded pursuant to such program and to the combination of suchscholarships with disbursements from the Louisiana StudentTuition Assistance and Revenue Trust Program account; toprovide for the expenditure of any remaining balance of ascholarship award; and to provide for related matters.


AN ACT authorize the board of trustees to pay disability retirement benefitsTo enact R.S. 17:3026(J), relative to the Tuition Assistance Plan; to and payments on behalf of the member into the Deferred

provide relative to the application of grants awarded pursuant to Retirement Option Plan Account on the effective date ofsuch plan and the combination of such grants with disbursements retirement; and to provide for related matters. from the Louisiana Student Tuition Assistance and Revenue TrustProgram account; to provide for the expenditure of any remainingbalance of a grant award; and to provide for related matters.


AN ACT supplemental pay from the calculation of average weekly wage forTo enact R.S. 22:674, relative to health and accident insurance; to purposes of workers' compensation benefits for municipal police

require notice of health insurance payments; to provide that the officers; and to provide for related matters.notice be forwarded to the patient, policyholder, or insured; toprovide for sanctions for the failure to comply; and to provide forrelated matters.

HOUSE BILL NO. 66—BY REPRESENTATIVE LONG

AN ACT during a work release program in which he is paid at leastTo amend and reenact R.S. 26:73(G) and 272(G), relative to permits for minimum wage does not forfeit his right to medical benefits; and

alcohol beverages; to require the commissioner of alcoholic to provide for related matters.beverage control and local governing authorities to issue certainpermits to restaurants located in designated national historiclandmark districts; and to provide for related matters.

HOUSE BILL NO. 2238—BY REPRESENTATIVE MCMAINS

AN ACT benefits; to provide for definitions; to provide for termination ofTo amend and reenact R.S. 17:3351(A)(5), relative to tuition at public benefits; to provide for offsets; to provide for defenses; and to

institutions of higher education; to provide for the powers, duties, provide for related matters.and responsibilities of public higher education management boards;to provide relative to determining certain tuition amounts andincreasing such amounts; to provide guidelines and limitations; andto provide for related matters.

HOUSE BILL NO. 302—BY REPRESENTATIVE BARTON

AN ACT provide for related matters.To amend and reenact R.S. 13:1899(H), relative to city and municipal

courts; to expand the purposes for which costs assessed in criminalmatters in the City Court of Bossier City may be expended; and toprovide for related matters.

HOUSE BILL NO. 1075—BY REPRESENTATIVE PIERRE

AN ACTTo amend and reenact R.S. 11:2225(A)(11)(a) and 3501(D)(1), relative

to the Municipal Police Employees' Retirement System; to providewith respect to mergers of municipal systems into the Municipal

HOUSE BILL NO. 1625—BY REPRESENTATIVE DANIEL

AN ACTTo amend and reenact R.S. 11:1141(A) and (B), relative to the

Louisiana School Employees' Retirement System; to require thefiling of applications for regular retirement, disability retirement,and retirement under the Deferred Retirement Option Plan; to

HOUSE BILL NO. 1822—BY REPRESENTATIVE MARTINY

AN ACTTo amend and reenact R.S. 33:2218.4(D) and to enact R.S.

23:1021(10)(e), relative to state supplemental pay; to exclude state

HOUSE BILL NO. 2099—BY REPRESENTATIVE DEWITT

AN ACTTo amend and reenact R.S. 23:1201.4, relative to workers'

compensation; to provide that an inmate injured in an accident

HOUSE BILL NO. 2211—BY REPRESENTATIVE JACK SMITH

AN ACTTo enact R.S. 23:1036, relative to workers' compensation; to provide

benefits for volunteer firefighters; to provide for the amount of

HOUSE BILL NO. 26—BY REPRESENTATIVE RIDDLE

AN ACTTo amend and reenact R.S. 32:410(A)(3)(a)(vii) and (viii) and to enact

R.S. 32:410(A)(3)(a)(ix), relative to motor vehicles; to include theparish of residence code number on drivers' licenses; and to

HOUSE BILL NO. 90—BY REPRESENTATIVES DUPRE, DOWNER, AND GAUTREAUX

AN ACTTo amend and reenact R.S. 33:7712(A)(3), relative to Consolidated

Waterworks District No. 1 of the Parish of Terrebonne; to providefor a reduction in the membership of the board of commissionersof the district; to provide for appointment and terms of thecommissioners; to limit the number of terms a commissioner may


serve; to provide for the terms of the members serving prior to the question of whether the chief of police should be appointed by thereduction in membership; and to provide for related matters. mayor with the approval of the board of aldermen; to provide for

HOUSE BILL NO. 115—BY REPRESENTATIVE ILES

AN ACTTo amend and reenact R.S. 33:4754(A)(1) and (2), (B)(2), and (E)(1)

and (2), relative to dangerous buildings and structures; to authorize AN ACTthe governing authority of Beauregard Parish and any municipality To enact R.S. 15:1204(12), relative to the Louisiana Commission onwithin the parish to take certain actions with respect to such Law Enforcement and Administration of Criminal Justice; tobuildings and structures, including imposing fines and require the commission to develop and implement a state medal ofdemolishing, removing, or securing such buildings and structures honor program for law enforcement officers killed in the line ofand maintaining such property; to provide relative to the powers of duty; and to provide for related matters.specified parishes; and to provide for related matters.

HOUSE BILL NO. 163—BY REPRESENTATIVE MONTGOMERY

AN ACT To enact R.S. 11:2260(A)(11)(g), relative to the Firefighters'To amend and reenact R.S. 47:463.2(B), relative to personalized license Retirement System; to provide with respect to membership; to

plates for motor vehicles; to provide for eligibility for a authorize the Firemen's Pension and Relief Fund for the city ofpersonalized license plate; and to provide for related matters. Lafayette to merge into the statewide Firefighters' Retirement

HOUSE BILL NO. 206—BY REPRESENTATIVES BRUCE, CURTIS, AND HUDSON

AN ACTTo amend and reenact R.S. 32:284(C), relative to riding in the bed of AN ACT

a pickup truck or utility trailer; to increase the age under which To amend and reenact R.S. 11:2225(A)(2)(a) and (6), relative to thepersons are prohibited from riding in the open bed of a pickup Municipal Police Employees' Retirement System; to provide withtruck or a utility trailer; and to provide for related matters. respect to the composition of the board of trustees; to further

HOUSE BILL NO. 211—BY REPRESENTATIVES SCALISE AND ANSARDI

AN ACTTo authorize the Jefferson Parish Council to rename the

"ShrewCoCenter", located in Jefferson Parish, Louisiana, as the"Hazel Rhea Hurst Center". AN ACT

HOUSE BILL NO. 261—BY REPRESENTATIVE WINSTON AND SENATOR SCHEDLER

AN ACTTo enact Part V-C of Chapter 2 of Title 48 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 48:726, relative to thecity of Covington; to provide with respect to the disposition ofcertain immovable property by the governing authority of the city;and to provide for related matters.


AN ACTTo enact R.S. 33:423.9, relative to the city of Crowley; to authorize the

chief of police of the city of Crowley to appoint, discipline, anddischarge police personnel subject to budgetary limitations; and toprovide for related matters.



and (2), relative to dangerous buildings and structures; to authorizethe governing authority of Vernon Parish and any municipalitywithin the parish to take certain actions with respect to suchbuildings and structures, including imposing fines anddemolishing, removing, or securing such buildings and structuresand maintaining such property; to provide relative to the powers ofspecified parishes; and to provide for related matters.

HOUSE BILL NO. 405—BY REPRESENTATIVE KENNEY

AN ACTTo amend and reenact R.S. 33:381.1, relative to the village of

Harrisonburg; to authorize the board of aldermen of the village ofHarrisonburg to call a special election by a certain date for thepurpose of submitting to the qualified electors of the village the

the time of the initial appointment; and to provide for relatedmatters.

HOUSE BILL NO. 48—BY REPRESENTATIVES MURRAY, A. ALEXANDER, AND WELCH


AN ACT

System; and to provide for related matters.

HOUSE BILL NO. 628—BY REPRESENTATIVE STELLY

provide for terms of certain members of the board of trustees andthe quorum requirements thereof; and to provide for relatedmatters.

HOUSE BILL NO. 1044—BY REPRESENTATIVES R. ALEXANDER, DEWITT, AND DURAND

To amend and reenact R.S. 28:200 and 206(A) and (B), relative tocommunity mental health services; to provide for the establishmentand administration of a community-based system of care; toprovide for a continuum of care for emotionally and behaviorallydisturbed children and adults; and to provide for related matters.

HOUSE BILL NO. 1048—BY REPRESENTATIVES R. ALEXANDER, DEWITT, DURAND,GAUTREAUX, JOHNS, RIDDLE, THOMPSON, THORNHILL, AND VITTERAND SENATOR ROBICHAUX

AN ACTTo enact R.S. 36:254(D)(2) and (3), relative to the powers and duties

of the secretary of the Department of Health and Hospitals; toprovide for powers and duties of the secretary relative to theMedical Assistance Program; and to provide for related matters.

HOUSE BILL NO. 1077—BY REPRESENTATIVES RIDDLE, DEWITT, DURAND, AND JOHNS

AN ACTTo amend and reenact R.S. 40:2013, relative to the Department of

Health and Hospitals; to designate the Department of Health andHospitals as the agency responsible for carrying out the purposesof the Alcohol, Drug Abuse and Mental Health AdministrationReorganization Act; and to provide for related matters.

HOUSE BILL NO. 1428—BY REPRESENTATIVE SHAW, CURTIS, DOERGE, KENNEY, ANDMCDONALD

AN ACTTo enact Chapter 20-A-1 of Title 17 of the Louisiana Revised Statutes

of 1950, to be comprised of R.S. 17:3041.10 through 3041.15,relative to a tuition payment program for certain medical schoolstudents; to provide program guidelines and for programadministration, eligibility, applications, and definitions; to providerelative to contracts and cancellation of contracts; to provide forimplementation; to provide for the adoption of program rules andregulations; and to provide for related matters.


HOUSE BILL NO. 1493—BY REPRESENTATIVES SHAW, DEWITT, AND DURAND

AN ACTTo amend and reenact R.S. 28:21, relative to state mental health

institutions; to authorize the assistant secretary of the office ofmental health of the Department of Health and Hospitals toreorganize and consolidate the administration of state mental healthinstitutions to comply with the State Mental Health Plan; to AN ACTprovide for the authority of the assistant secretary to establish To amend and reenact R.S. 26:73(G) and 272(G), relative to permits forcommunity cottages; and to provide for related matters. alcohol beverages; to require the commissioner of alcoholic

HOUSE BILL NO. 932—BY REPRESENTATIVE GREEN

AN ACTTo amend and reenact R.S. 22:2021, relative to health maintenance

organizations (HMOs); to require HMOs to approve or disapprovea request for certain medical testing or treatment within forty-eighthours of receipt of the request; and to provide for related matters.

HOUSE BILL NO. 1984—BY REPRESENTATIVES MCMAINS, DEWITT, AND VITTER

AN ACTTo amend and reenact the heading of Chapter 5 of Title II of Book I of

the Code of Civil Procedure, Code of Civil Procedure Arts. 591,592, 594, and 611, and the heading of Section 2 of Chapter 5 ofTitle II of Book I of the Code of Civil Procedure, to enact Codeof Civil Procedure Art. 612, and to repeal Code of Civil ProcedureArt. 593.1, 596, and 597, relative to class and derivative actions;to provide for procedural requirements for the filing, maintaining,and certification of class actions; to provide for notice to classmembers; to provide for judgments and other orders relative toclass actions; to provide for dismissal or compromise of a classaction; to provide for procedures and requirements for filing andmaintaining derivative actions; and to provide for related matters. AN ACT

HOUSE BILL NO. 935—BY REPRESENTATIVE JOHNS

AN ACTTo enact R.S. 22:229.2, relative to health insurance; to prohibit

discrimination against recovered or rehabilitated alcoholics; and toprovide for related matters.

Respectfully submitted,ALFRED W. SPEER

Clerk of the House of Representatives

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. 26—BY REPRESENTATIVE RIDDLE

AN ACTTo amend and reenact R.S. 32:410(A)(3)(a)(vii) and (viii) and to enact

R.S. 32:410(A)(3)(a)(ix), relative to motor vehicles; to include theparish of residence code number on drivers' licenses; and toprovide for related matters.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Transportation, Highways, and PublicWorks.

HOUSE BILL NO. 48—BY REPRESENTATIVES MURRAY, A. ALEXANDER, AND WELCH

AN ACTTo enact R.S. 15:1204(12), relative to the Louisiana Commission on

Law Enforcement and Administration of Criminal Justice; torequire the commission to develop and implement a state medal ofhonor program for law enforcement officers killed in the line of

duty; and to provide for related matters.

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


beverage control and local governing authorities to issue certainpermits to restaurants located in designated national historiclandmark districts; and to provide for related matters.

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

HOUSE BILL NO. 90—BY REPRESENTATIVES DUPRE, DOWNER, AND GAUTREAUX

AN ACTTo amend and reenact R.S. 33:7712(A)(3), relative to Consolidated

Waterworks District No. 1 of the Parish of Terrebonne; to providefor a reduction in the membership of the board of commissionersof the district; to provide for appointment and terms of thecommissioners; to limit the number of terms a commissioner mayserve; to provide for the terms of the members serving prior to thereduction in membership; 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.

HOUSE BILL NO. 115—BY REPRESENTATIVE ILES

To amend and reenact R.S. 33:4754(A)(1) and (2), (B)(2), and (E)(1)and (2), relative to dangerous buildings and structures; to authorizethe governing authority of Beauregard Parish and any municipalitywithin the parish to take certain actions with respect to suchbuildings and structures, including imposing fines anddemolishing, removing, or securing such buildings and structuresand maintaining such property; to provide relative to the powers ofspecified parishes; and to provide for related matters.


HOUSE BILL NO. 163—BY REPRESENTATIVE MONTGOMERY

AN ACTTo amend and reenact R.S. 47:463.2(B), relative to personalized license

plates for motor vehicles; to provide for eligibility for apersonalized license plate; and to provide for related matters.


HOUSE BILL NO. 206—BY REPRESENTATIVES BRUCE, CURTIS, AND HUDSON

AN ACTTo amend and reenact R.S. 32:284(C), relative to riding in the bed of

a pickup truck or utility trailer; to increase the age under whichpersons are prohibited from riding in the open bed of a pickuptruck or a utility trailer; and to provide for related matters.



HOUSE BILL NO. 211— HOUSE BILL NO. 405—BY REPRESENTATIVES SCALISE AND ANSARDI BY REPRESENTATIVE KENNEY

AN ACT AN ACTTo authorize the Jefferson Parish Council to rename the To amend and reenact R.S. 33:381.1, relative to the village of

"ShrewCoCenter", located in Jefferson Parish, Louisiana, as the Harrisonburg; to authorize the board of aldermen of the village of"Hazel Rhea Hurst Center". Harrisonburg to call a special election by a certain date for the

On motion of Senator Bagneris, the bill was read by title and question of whether the chief of police should be appointed by thereferred to the Committee on Local and Municipal Affairs. mayor with the approval of the board of aldermen; to provide for

HOUSE BILL NO. 261—BY REPRESENTATIVE WINSTON AND SENATOR SCHEDLER

AN ACTTo enact Part V-C of Chapter 2 of Title 48 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 48:726, relative to thecity of Covington; to provide with respect to the disposition ofcertain immovable property by the governing authority of the city;and to provide for related matters. AN ACT

On motion of Senator Bagneris, the bill was read by title and 420(D), 712(D)(1), and 1187(A) and (B)(5) and to repeal R.S.referred to the Committee on Local and Municipal Affairs. 6:2(10), relative to regulation of banks and banking; to provide for

HOUSE BILL NO. 302—BY REPRESENTATIVE BARTON

AN ACTTo amend and reenact R.S. 13:1899(H), relative to city and municipal

courts; to expand the purposes for which costs assessed in criminalmatters in the City Court of Bossier City may be expended; and toprovide for related matters.

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


AN ACTTo enact R.S. 33:423.9, relative to the city of Crowley; to authorize the

chief of police of the city of Crowley to appoint, discipline, anddischarge police personnel subject to budgetary limitations; and toprovide for related matters.

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



and (2), relative to dangerous buildings and structures; to authorizethe governing authority of Vernon Parish and any municipalitywithin the parish to take certain actions with respect to suchbuildings and structures, including imposing fines anddemolishing, removing, or securing such buildings and structuresand maintaining such property; to provide relative to the powers ofspecified parishes; and to provide for related matters. AN ACT

On motion of Senator Bagneris, the bill was read by title and and 1901.2, relative to commercial co-venturers; to provide areferred to the Committee on Local and Municipal Affairs. definition; to provide for final accounting for charitable sales


AN ACTTo enact R.S. 13:2111, relative to the City Court of Natchitoches; to

authorize the transfer of surplus funds from the court's civil feeaccount to the court's general operational fund; and to provide forrelated matters.

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

purpose of submitting to the qualified electors of the village the

the time of the initial appointment; and to provide for relatedmatters.



To amend and reenact R.S. 6:128(B)(introductory paragraph), 285(C),

holidays for financial institutions; to provide for designation ofagent for service of process; to provide for reporting of criminalviolations; to provide for corporate names; to provide for proxies;and to provide for related matters.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Commerce and Consumer Protection.

HOUSE BILL NO. 471—BY REPRESENTATIVES GREEN AND MURRAY

To amend and reenact R.S. 9:3527(D), relative to consumer credittransactions; to require a creditor to notify a consumer beforeconverting a precomputed consumer credit transaction into asimple interest transaction; and to provide for related matters.



To enact R.S. 11:2260(A)(11)(g), relative to the Firefighters'Retirement System; to provide with respect to membership; toauthorize the Firemen's Pension and Relief Fund for the city ofLafayette to merge into the statewide Firefighters' RetirementSystem; and to provide for related matters.

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

HOUSE BILL NO. 499—BY REPRESENTATIVE MICHOT

To amend and reenact R.S. 51:1909.1(A) and to enact R.S. 51:1901(8)

promotions; to provide for the promulgation of rules for disclosureof the percentage of funds collected by commercial co-venturersthat actually goes to the charitable organization; to provide forviolations and penalties; and to provide for related matters.



To amend and reenact R.S. 9:2004, relative to seizure of a beneficiary'sinterest in a trust; to provide that a creditor may seize abeneficiary's interest in income and principal to the extent that a


beneficiary has donated property to the trust, directly or indirectly;and to provide for related matters.

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


AN ACT telecommunications service; to provide relative to service chargesTo amend and reenact R.S. 9:1895(A), 1973, and 1978, all relative to collected by the district including provisions relative to use of the

the Louisiana Trust Code; to provide for a shifting of interest in proceeds from such charges, the telecommunications service usersprincipal; to provide with respect to the effect of the death of a liable for such charges, the rate of such charges, and the collectionclass member during the term of a class trust; to authorize a and enforcement of such charges; and to provide for relatedshifting of interest in principal if a beneficiary is a descendant of matters.the settlor; and to provide for related matters.

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

HOUSE BILL NO. 541—BY REPRESENTATIVE MARIONNEAUX

AN ACT To enact R.S. 47:463.48, relative to motor vehicle registration; toTo enact R.S. 33:321.1, relative to municipalities governed by the provide for special prestige license plates for Laos War veterans;

Lawrason Act; to authorize the board of aldermen in any such and to provide for related matters.municipality to refer to itself as a village, town, or city council, asappropriate, and to the members thereof as council members; to On motion of Senator Bagneris, the bill was read by title andprovide for related name changes; and to provide for related referred to the Committee on Transportation, Highways, and Publicmatters. Works.



AN ACT a request for certain medical testing or treatment within forty-eightTo amend and reenact R.S. 6:333(A)(2) and R.S. 9:3571(A), to enact hours of receipt of the request; and to provide for related matters.

R.S. 6:333(A)(10)(g), and to repeal R.S. 9:3571(B) through (E),relative to disclosure of financial records by financial institutions; On motion of Senator Bagneris, the bill was read by title andto expand definitions; to delete certain requirements relative to the referred to the Committee on Insurance.dissemination of credit information; and to provide for relatedmatters.



AN ACT On motion of Senator Bagneris, the bill was read by title andTo amend and reenact Civil Code Article 3533, relative to conflict of referred to the Committee on Insurance.

laws as to the succession of immovables situated in this state; toprovide when the law of forced heirship does not apply; and toprovide for related matters.


HOUSE BILL NO. 628—BY REPRESENTATIVE STELLY

AN ACT that certain records shall not be confidential; and to provide forTo amend and reenact R.S. 11:2225(A)(2)(a) and (6), relative to the related matters.

Municipal Police Employees' Retirement System; to provide withrespect to the composition of the board of trustees; to further On motion of Senator Bagneris, the bill was read by title andprovide for terms of certain members of the board of trustees and referred to the Committee on Senate and Governmental Affairs.the quorum requirements thereof; and to provide for relatedmatters.



AN ACTTo amend and reenact R.S. 33:9102(B) and to enact Part V of Chapter

31 of Title 33 of the Louisiana Revised Statutes of 1950, to becomprised of R.S. 33:9131.5, relative to the Acadia ParishCommunications District; to provide relative to the purposes ofsuch district; to provide relative to enhancement of emergency

On motion of Senator Bagneris, the bill was read by title and

HOUSE BILL NO. 831—BY REPRESENTATIVE WELCH

AN ACT

HOUSE BILL NO. 932—BY REPRESENTATIVE GREEN

AN ACTTo amend and reenact R.S. 22:2021, relative to health maintenance

organizations (HMOs); to require HMOs to approve or disapprove

HOUSE BILL NO. 935—BY REPRESENTATIVE JOHNS

AN ACTTo enact R.S. 22:229.2, relative to health insurance; to prohibit

discrimination against recovered or rehabilitated alcoholics; and toprovide for related matters.

HOUSE BILL NO. 987—BY REPRESENTATIVES HEBERT AND GREEN

AN ACTTo enact R.S. 46:1073(D), (E), (F), and (G), relative to marketing

strategies and strategic plans of hospital service districts; to providefor the continued confidentiality of marketing strategies andstrategic plans after such strategy or plan is complete and when itis presented to a state agency or subdivision of the state; to provide

HOUSE BILL NO. 1044—BY REPRESENTATIVES R. ALEXANDER, DEWITT, AND DURAND

AN ACTTo amend and reenact R.S. 28:200 and 206(A) and (B), relative to

community mental health services; to provide for the establishmentand administration of a community-based system of care; toprovide for a continuum of care for emotionally and behaviorallydisturbed children and adults; and to provide for related matters.


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

HOUSE BILL NO. 1048—BY REPRESENTATIVES R. ALEXANDER, DEWITT, DURAND,GAUTREAUX, JOHNS, RIDDLE, THOMPSON, THORNHILL, AND VITTERAND SENATOR ROBICHAUX

AN ACTTo enact R.S. 36:254(D)(2) and (3), relative to the powers and duties of

the secretary of the Department of Health and Hospitals; to providefor powers and duties of the secretary relative to the MedicalAssistance Program; and to provide for related matters.



AN ACTTo enact R.S. 22:674, relative to health and accident insurance; to

require notice of health insurance payments; to provide that thenotice be forwarded to the patient, policyholder, or insured; toprovide for sanctions for the failure to comply; and to provide forrelated matters.

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


AN ACTTo amend and reenact R.S. 11:2225(A)(11)(a) and 3501(D)(1), relative

to the Municipal Police Employees' Retirement System; to providewith respect to mergers of municipal systems into the MunicipalPolice Employees' Retirement System and the funding thereof; toreduce the percentage of payment to be made by the municipalityin such mergers; and to provide for related matters.


HOUSE BILL NO. 1077—BY REPRESENTATIVES RIDDLE, DEWITT, DURAND, AND JOHNS

AN ACTTo amend and reenact R.S. 40:2013, relative to the Department of

Health and Hospitals; to designate the Department of Health andHospitals as the agency responsible for carrying out the purposesof the Alcohol, Drug Abuse and Mental Health AdministrationReorganization Act; and to provide for related matters.



AN ACTTo amend and reenact R.S. 6:124, relative to financial institutions; to

provide relative to reports made by financial institutions to thecommissioner of financial institutions; and to provide for relatedmatters.



AN ACTTo repeal R.S. 9:3566, relative to consumer credit sales; to repeal

certain provisions requiring retention of records of consumer creditsales.


HOUSE BILL NO. 1428—BY REPRESENTATIVE SHAW, CURTIS, DOERGE, KENNEY, ANDMCDONALD

AN ACTTo enact Chapter 20-A-1 of Title 17 of the Louisiana Revised Statutes

of 1950, to be comprised of R.S. 17:3041.10 through 3041.15,relative to a tuition payment program for certain medical schoolstudents; to provide program guidelines and for programadministration, eligibility, applications, and definitions; to providerelative to contracts and cancellation of contracts; to provide forimplementation; to provide for the adoption of program rules andregulations; and to provide for related matters.

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

HOUSE BILL NO. 1490—BY REPRESENTATIVES DEVILLE, DEWITT, AND DURAND

AN ACTTo amend and reenact R.S. 40:1232(A)(3) and (4) and to enact R.S.

40:1232(A)(5) and to enact R.S. 36:259(M), relative toemergency medical services; to provide that the Department ofHealth and Hospitals shall promulgate rules and regulations toestablish a list of medical and safety equipment required to becarried by all ambulances; to establish and provide relative to anadvisory committee to be known as the Ambulance StandardsCommittee; and to provide for related matters.


HOUSE BILL NO. 1493—BY REPRESENTATIVES SHAW, DEWITT, AND DURAND

AN ACTTo amend and reenact R.S. 28:21, relative to state mental health

institutions; to authorize the assistant secretary of the office ofmental health of the Department of Health and Hospitals toreorganize and consolidate the administration of state mentalhealth institutions to comply with the State Mental Health Plan; toprovide for the authority of the assistant secretary to establishcommunity cottages; and to provide for related matters.


HOUSE BILL NO. 1564—BY REPRESENTATIVES DOWNER, R. ALEXANDER, BARTON, COPELIN,DEVILLE, DIMOS, DUPRE, FLAVIN, FONTENOT, FORSTER, HUNTER,JOHNS, LANCASTER, LEBLANC, MCCAIN, MCDONALD, MCMAINS,MICHOT, PIERRE, SCALISE, JOHN SMITH, STELLY, TRICHE,WALSWORTH, WELCH, WIGGINS, WINDHORST, WINSTON, ANSARDI,BAUDOIN, BAYLOR, BRUCE, CARTER, CLARKSON, CRANE, DAMICO,DOERGE, DONELON, DURAND, FARVE, FAUCHEUX, FRITH, FRUGE,GUILLORY, HAMMETT, HEBERT, HILL, HOLDEN, JETSON, KENNARD,KENNEY, LANDRIEU, LONG, MARIONNEAUX, MARTINY, MCCALLUM,MITCHELL, MONTGOMERY, MORRELL, ODINET, PERKINS, POWELL,PRATT, QUEZAIRE, RIDDLE, ROMERO, ROUSSELLE, SALTER, SHAW,THOMAS, THOMPSON, THORNHILL, TRAVIS, VITTER, WARNER,WILLARD-LEWIS, AND WRIGHT

AN ACTTo enact R.S. 24:15, relative to the legislature; to create the Broadcast

Education Network; to provide for the responsibilities andfunctions of the legislature and the Louisiana EducationalTelevision Authority in relation thereto; and to provide for relatedmatters.

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


AN ACTTo amend and reenact R.S. 22:1451(A), relative to annual reports by

insurers; to require the Department of Insurance to promulgaterules and regulations to require insurers to disclose certaininformation; to require the disclosure on an annual and rate-


making basis; and to provide for related matters. On motion of Senator Bagneris, the bill was read by title and



AN ACT maintenance organizations, managed care entities, and preferredTo amend and reenact R.S. 17:3092(1) and (2), 3093(D)(1)(f) and (h), provider organizations; to preclude contract clauses prohibiting a

3095(A)(2), (B), (C)(6) and (7), (D), (F), and (G), 3096(B)(2)(a), provider from informing a subscriber, enrollee, or prospective(D), and (E)(2), 3098(C) and (D), and 3099(A) and (C) and to enrollee regarding health care services offered by a healthenact R.S. 17:3091(C) and 3092(10) and R.S. 47:1508(B)(17), maintenance organization, managed care entity, or preferredrelative to the Louisiana Student Tuition Assistance and Revenue provider organization; and to provide for related matters.Trust Program; to provide legislative intent; to provide programdefinitions; to provide relative to program administration by the On motion of Senator Bagneris, the bill was read by title andLouisiana Tuition Trust Authority and for powers and duties of the referred to the Committee on Insurance.authority; to provide for adoption by the authority of certain rulespursuant to the Administrative Procedure Act; to provide relativeto education savings accounts and education assistance accounts;to provide relative to the termination of depositor's agreements; toprovide relative to the Louisiana Education and Tuition SavingsFund; to provide for release to the office of student financialassistance of a taxpayer's reported federal adjusted gross incomeunder specified circumstances; and to provide for related matters.



AN ACTTo amend and reenact R.S. 17:3026(A)(3)(c)(iii), relative to the Tuition

Assistance Plan; to provide relative to ineligibility under certaincircumstances; and to provide for related matters.


HOUSE BILL NO. 1625—BY REPRESENTATIVE DANIEL

AN ACTTo amend and reenact R.S. 11:1141(A) and (B), relative to the

Louisiana School Employees' Retirement System; to require thefiling of applications for regular retirement, disability retirement,and retirement under the Deferred Retirement Option Plan; toauthorize the board of trustees to pay disability retirement benefitsand payments on behalf of the member into the DeferredRetirement Option Plan Account on the effective date ofretirement; and to provide for related matters.



AN ACTTo amend and reenact R.S. 30:11.1, relative to filing and recording of

orders creating drilling or production units by the commissioner ofconservation; to provide for the filing of copies of such orders; andto provide for related matters.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Natural Resources.

HOUSE BILL NO. 1822—BY REPRESENTATIVE MARTINY

AN ACTTo amend and reenact R.S. 33:2218.4(D) and to enact R.S.

23:1021(10)(e), relative to state supplemental pay; to exclude statesupplemental pay from the calculation of average weekly wage forpurposes of workers' compensation benefits for municipal policeofficers; and to provide for related matters.

referred to the Committee on Finance.

HOUSE BILL NO. 1858—BY REPRESENTATIVE MURRAY

AN ACTTo enact R.S. 22:2018(E) and R.S. 40:2202(5)(f), relative to health

HOUSE BILL NO. 1932—BY REPRESENTATIVES MCDONALD, DOWNER, BARTON, BAUDOIN,CRANE, DOERGE, HILL, KENNEY, LONG, POWELL, PRATT, AND SHAWAND SENATOR EWING

AN ACTTo amend and reenact R.S. 17:3042.1(A)(3) and (4), (B), (C), and (D)

and 3042.2(A) and (B) and to enact R.S. 17:3042.1(A)(5), relativeto loans for students enrolled in collegiate teacher preparationprograms; to provide relative to eligibility requirements includingcertain test scores and grade point averages; to provide relative tothe authority of the commission to make such loans; to remove aprovision relative to grade point average requirement exceptions;to provide relative to loan amounts for certain applicants; toremove provisions relative to loans for graduate school students;and to provide for related matters.


HOUSE BILL NO. 1984—BY REPRESENTATIVES MCMAINS, DEWITT, AND VITTER

AN ACTTo amend and reenact the heading of Chapter 5 of Title II of Book I of

the Code of Civil Procedure, Code of Civil Procedure Arts. 591,592, 594, and 611, and the heading of Section 2 of Chapter 5 ofTitle II of Book I of the Code of Civil Procedure, to enact Codeof Civil Procedure Art. 612, and to repeal Code of Civil ProcedureArt. 593.1, 596, and 597, relative to class and derivative actions;to provide for procedural requirements for the filing, maintaining,and certification of class actions; to provide for notice to classmembers; to provide for judgments and other orders relative toclass actions; to provide for dismissal or compromise of a classaction; to provide for procedures and requirements for filing andmaintaining derivative actions; and to provide for related matters.



AN ACTTo amend and reenact R.S. 56:326(A)(introductory paragraph), relative

to fishing; to provide relative to size and possession limits forcommercial fish; to delete references to certain repealed sectionsof law; and to provide for related matters.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Natural Resources.

HOUSE BILL NO. 2099—BY REPRESENTATIVE DEWITT

AN ACTTo amend and reenact R.S. 23:1201.4, relative to workers'

compensation; to provide that an inmate injured in an accidentduring a work release program in which he is paid at leastminimum wage does not forfeit his right to medical benefits; and


to provide for related matters.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Labor and Industrial Relations.

HOUSE BILL NO. 2113—BY REPRESENTATIVE DIMOS

AN ACTTo amend and reenact R.S. 22:215.1, 215.2, 215.3, 215.4,

215.8(introductory paragraph), 215.10(A), 215.14(A) and (C),227, 230.1(A) and (C), 2002(2), and 2016(A) and to enact R.S.22:2016(F) and (G), relative to health maintenance organizations;to require health maintenance organizations to offer mandatedhealth benefits options; to require health maintenanceorganizations to provide coverage for mandated health benefits;and to provide for related matters.



AN ACT AND REPRESENTATIVES R. ALEXANDER, BARTON, BAUDOIN, BRUCE,To enact R.S. 17:3042.32(D), relative to the Louisiana Honors

Scholarship Program; to provide for the application of scholarshipsawarded pursuant to such program and to the combination of suchscholarships with disbursements from the Louisiana StudentTuition Assistance and Revenue Trust Program account; toprovide for the expenditure of any remaining balance of ascholarship award; and to provide for related matters.



AN ACTTo enact R.S. 17:3026(J), relative to the Tuition Assistance Plan; to

provide relative to the application of grants awarded pursuant tosuch plan and the combination of such grants with disbursementsfrom the Louisiana Student Tuition Assistance and Revenue TrustProgram account; to provide for the expenditure of any remainingbalance of a grant award; and to provide for related matters.


HOUSE BILL NO. 2211—BY REPRESENTATIVE JACK SMITH

AN ACTTo enact R.S. 23:1036, relative to workers' compensation; to provide

benefits for volunteer firefighters; to provide for the amount ofbenefits; to provide for definitions; to provide for termination of AND REPRESENTATIVES R. ALEXANDER, BARTON, BAUDOIN, BRUCE,benefits; to provide for offsets; to provide for defenses; and toprovide for related matters.

On motion of Senator Bagneris, the bill was read by title andreferred to the Committee on Labor and Industrial Relations.

HOUSE BILL NO. 2238—BY REPRESENTATIVE MCMAINS

AN ACTTo amend and reenact R.S. 17:3351(A)(5), relative to tuition at public

institutions of higher education; to provide for the powers, duties,and responsibilities of public higher education management boards;to provide relative to determining certain tuition amounts andincreasing such amounts; to provide guidelines and limitations; andto provide for related matters.


Reports of Committees

The following reports of committees were received and read:

REPORT OF COMMITTEE ON

AGRICULTURE

Senator Cain, Chairman on behalf of the Committee onAgriculture, submitted the following report:

April 22, 1997

To the President and Members of the Senate:

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

SENATE BILL NO. 1458—BY SENATORS THEUNISSEN, BAGNERIS, BAJOIE, BARHAM, BEAN,BRANCH, CAIN, COX, CRAVINS, DYESS, ELLINGTON, EWING, GUIDRY,HINES, JONES, LAMBERT, ROMERO, SIRACUSA, SMITH AND TARVER

CARTER, COPELIN, CURTIS, DAMICO, DANIEL, DIEZ, DOERGE, DUPRE,DURAND, FAUCHEUX, FLAVIN, FONTENOT, FRITH, FRUGE,GAUTREAUX, HAMMETT, HEATON, HEBERT, HILL, HOPKINS, HUDSON,HUNTER, JETSON, KENNARD, KENNEY, LEBLANC, LONG,MARIONNEAUX, McCALLUM, McDONALD, MICHOT, MONTGOMERY,MURRAY, ODINET, PIERRE, PINAC, POWELL, PRATT, RIDDLE,ROUSSELLE, SALTER, JACK SMITH, JOHN SMITH, STRAIN, THOMAS,THOMPSON, WALSWORTH, WARNER, WELCH, AND WRIGHT

AN ACTTo amend and reenact R.S. 3:3221(A), relative to registration of

pesticides; to provide for annual registration fee; and to provide forrelated matters.

Reported with amendments.

Respectfully submitted, JAMES DAVID CAIN

Chairman

Senate Bills and Joint Resolutionson Second Reading

Reported by Committees

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

SENATE BILL NO. 1458—BY SENATORS THEUNISSEN, BAGNERIS, BAJOIE, BARHAM, BEAN,BRANCH, CAIN, COX, CRAVINS, DYESS, ELLINGTON, EWING, GUIDRY,HINES, JONES, LAMBERT, ROMERO, SIRACUSA, SMITH AND TARVER

CARTER, COPELIN, CURTIS, DAMICO, DANIEL, DIEZ, DOERGE, DUPRE,DURAND, FAUCHEUX, FLAVIN, FONTENOT, FRITH, FRUGE,GAUTREAUX, HAMMETT, HEATON, HEBERT, HILL, HOPKINS, HUDSON,HUNTER, JETSON, KENNARD, KENNEY, LEBLANC, LONG,MARIONNEAUX, McCALLUM, McDONALD, MICHOT, MONTGOMERY,MURRAY, ODINET, PIERRE, PINAC, POWELL, PRATT, RIDDLE,ROUSSELLE, SALTER, JACK SMITH, JOHN SMITH, STRAIN, THOMAS,THOMPSON, WALSWORTH, WARNER, WELCH, AND WRIGHT

AN ACTTo amend and reenact R.S. 3:3221(A), relative to registration of

pesticides; to provide for annual registration fee; and to provide forrelated matters.

Reported with amendments by the Committee on Agriculture.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Agriculture to OriginalSenate Bill No. 1458 by Senator Theunissen

AMENDMENT NO. 1


On page 2, line 1 between “1998" and “After” insert a period “.” commission and his powers and duties; to provide for the domicile

On motion of Senator Cain, the committee amendment was certain agreements; to provide relative to the preparation of certainadopted. The amended bill was read by title, ordered engrossed and reports; to provide relative to the duties and responsibilities ofrecommitted to the Committee on Revenue and Fiscal Affairs. departments and agencies who administer workforce development

Rules Suspended to Recommit

Senator Hainkel asked for and obtained a suspension of the rulesfor the purpose of recommitting Senate Bill No. 453 which was on thirdreading and final passage to the Committee on Finance.

Rules Suspended to Recommit

Senator Hainkel asked for and obtained a suspension of the rulesfor the purpose of recommitting Senate Bill No. 333 which was on thirdreading and final passage to the Committee on Finance.

Reconsideration

On motion of Senator Short, pursuant to the previous notice given,the vote by which the following bill failed to pass on April 21, 1997 wasreconsidered.

SENATE BILL NO. 37—BY SENATOR SHORT

A JOINT RESOLUTIONProposing to amend Article I, Section 3 and to add Article XII, Section

15 of the Constitution of Louisiana; to prohibit marriage betweenpersons of the same sex; to provide for the effect of a same sexmarriage performed in another state, territory, or possession of theUnited States or by an Indian tribe; and to specify an election forsubmission of the proposition to electors and provide a ballotproposition.

On motion of Senator Short, the bill was read by title and returnedto the Calendar, subject to call.

Special Order of the Day

The following House Bill on Third Reading and Final Passage,which was made Special Order of the Day No. 1, was taken up andacted upon as follows:

HOUSE BILL NO. 491—BY REPRESENTATIVE FORSTER AND SENATOR ELLINGTON ANDREPRESENTATIVES BARTON, BOWLER, CRANE, DEVILLE, HEBERT,HUNTER, LANCASTER, MICHOT, MURRAY, ODINET, POWELL, SCALISE,WIGGINS, WINSTON, ALARIO, R. ALEXANDER, ANSARDI, BAUDOIN,BAYLOR, BRUCE, BRUN, CLARKSON, DANIEL, DEWITT, DIEZ, DIMOS,DOERGE, DONELON, DUPRE, FAUCHEUX, FLAVIN, FONTENOT, FRITH,FRUGE, GAUTREAUX, GUILLORY, HAMMETT, HEATON, HILL, HOPKINS,ILES, JOHNS, KENNARD, KENNEY, LEBLANC, LONG, MARTINY,MCDONALD, MCMAINS, MITCHELL, PERKINS, PIERRE, PINAC, PRATT,RIDDLE, ROMERO, ROUSSELLE, SCHNEIDER, SHAW, JACK SMITH, JOHNSMITH, STELLY, THOMPSON, THORNHILL, TOOMY, TRICHE, VITTER,WALSWORTH, WARNER, WELCH, WESTON, WILKERSON, AND WILLARD-LEWIS AND SENATOR HAINKEL

AN ACTTo amend and reenact R.S. 23:1658, 1842(1), and 1843(A), R.S.

39:33(A), and R.S. 49:968(B)(21), to enact Part IV of Chapter 1of Title 23 of the Louisiana Revised Statutes of 1950, to becomprised of R.S. 23:71 through 76, and Chapter 15 of Title 23 ofthe Louisiana Revised Statutes of 1950, to be comprised of R.S.23:2041 through 2192, and R.S. 36:4(B)(1)(f) and (14), and torepeal R.S. 36:309(C)(2) and (G) and Chapter 13 of Title 23 of theLouisiana Revised Statutes of 1950, comprised of R.S. 23:2021through 2024, relative to workforce development; to create andprovide relative to the Louisiana Workforce Commission; toprovide for the appointment, terms, qualifications, andcompensation of its members; to provide for the filling ofvacancies; to provide for removal of members; to provide for thegoals, authorities, duties, and responsibilities of the commission,including rulemaking; to provide relative to the chairman of the

of the commission; to authorize the commission to enter into

and job training programs; to provide for the transfer of authorityto the commission; to place certain federally authorized councilsunder the jurisdiction of the commission; to create acomprehensive labor market information system; to provide for thecomponents of the system; to provide that the system shall beunder the supervision and control of the Louisiana WorkforceCommission; to provide that the system shall be developed andmaintained by the Department of Labor; to require agenciesengaged in workforce development activities to enter intointeragency reciprocal data exchange agreements; to provide forconfidentiality and privacy of data; to provide for an OccupationalForecasting Conference; to provide that such conference shall bein the office of the governor; to provide relative to the delivery ofworkforce development programs; to provide relative to theabolishment of certain advisory councils; to provide relative toplacing the commission in the governor's office; to provide relativeto effective dates; and to provide for related matters.

Floor Amendments Sent Up

Senator Ellington sent up floor amendments which were read.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Ellington to Reengrossed House BillNo. 491 by Representative Forster

AMENDMENT NO. 1On page 48, line 25, change "11, and 12" to "11, 12, and 13"

AMENDMENT NO. 2On page 49, between lines 8 and 9, insert:

"Section 13. The governor shall appoint the principals to theOccupational Forecasting Conference, as provided in R.S.23:76(C)(1)(c) through (e) by December 1, 1997. The principals shallhold their first meeting no later than forty-five days after theappointment of the third member appointed by the governor, at whichmeeting they shall select the remaining two principals, as provided inR.S. 23:76(C)(1)(f)."

AMENDMENT NO. 3In Amendment No. 11 proposed by the Senate Committee on Labor andIndustrial Relations on April 17, 1997 and adopted by the Senate onApril 17, 1997 on line 11, change "13" to "14"

On motion of Senator Ellington, the amendments were adopted.


Senator Landry sent up floor amendments which were read.


Amendments proposed by Senator Landry to Reengrossed House BillNo. 491 by Representative Forster, et al.

AMENDMENT NO. 1On page 10, between lines 2 and 3, insert the following:

"(g) All appointed members of the conference shall be subject toSenate confirmation."



"D. Each commission appointee shall be subject to Senate powers and duties of the Board of Regents; to provide relative toconfirmation." the responsibility of the Board of Regents for representing public

On motion of Senator Landry, the amendments were adopted. college or university to institute certain new programs; to provide




Amendments proposed by Senators Landry and Cravins to ReengrossedHouse Bill No. 491 by Representative Forster, et al.

AMENDMENT NO. 1On page 32, line 4, after "head" delete the remainder of the line anddelete lines 5 and 6 in their entirety and at the beginning of line 7, delete"with this Subsection"

On motion of Senator Landry, the amendments were adopted.

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

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Dyess LambertBagneris Ellington LandryBajoie Fields LentiniBarham Greene MaloneBean Guidry RobichauxBranch Hainkel RomeroCain Heitmeier SchedlerCampbell Hines ShortCasanova Hollis SiracusaCox Irons SmithCravins Johnson TarverDardenne Jones TheunissenDean Jordan Ullo Total—39

NAYS

Total—0ABSENT

Total—0

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

Special Order of the Day

The following Senate Bill on Third Reading and Final Passage,which was made Special Order of the Day No. 2, was taken up andacted upon as follows:

SENATE BILL NO. 1272—BY SENATORS DARDENNE, EWING, HAINKEL, BARHAM ANDELLINGTON AND REPRESENTATIVES DOWNER AND DEWITT

AN ACTTo amend and reenact R.S. 17:3126(B), 3128(A) and (B)(1) and (2),

3129(B) and (D)(3), 3130, 3131, 3132, 3134(A) and (C)(1)(d),3302(A), 3303, the introductory paragraph of R.S. 17:3351(A) and3351(A)(3) and (11), to enact R.S. 17:3121(E), 3134(C)(1)(e),and Part XI of Chapter 26 of Title 17 of the Louisiana RevisedStatutes of 1950, to be comprised of R.S. 17:3399.5, relative to the

higher education; to provide relative to the requirements for a

relative to the formulation and revision of a master plan for highereducation, including institutional mission statements and arecommended formula for funding higher education institutions;to provide relative to constitutionally reserved managementpowers; to provide relative to a higher education accountabilityprocess; to provide relative to a process for allocating fundingamong higher education institutions; to provide relative to theselection of and conditions of holding office of the universitysystem presidents; to provide relative to the selection of andconditions of holding office of the heads of colleges anduniversities; to provide relative to the general powers of themanagement boards of the colleges and universities; to providerelative to gubernatorial appointment of higher education boardmembers; to provide relative to the establishment and operation ofcertain standing committees on all four higher education boards;and to provide for related matters.


Senator Dardenne sent up floor amendments which were read.


Amendments proposed by Senator Dardenne to Engrossed Senate BillNo. 1272 by Senator Dardenne

AMENDMENT NO. 1On page 9, line 12, between "boards;" and "functions", insert "crossmembership;"


"C.(1) Each standing committee of the Board of Regentslisted in Subsection A of this Section shall include as a member, amember of each of the higher education management boards asdesignated by each board. If the management board member onany regents committee is unable to attend any meeting, an alternatemanagement board member previously designated by that boardmay attend and vote on his behalf.

(2) In determining the number of members necessary to havea quorum as well as in determining whether or not a quorumexists, all higher education management board members who areserving on a standing committee of the Board of Regents shall becounted by such committee.

(3) All higher education management board members whoare serving on a standing committee of the Board of Regents shallhave, as such a committee member, all the same rights andprivileges as any other member of the committee, including theright to vote."

Senator Dardenne moved adoption of the amendments.

Senator Landry objected.

ROLL CALL


YEAS

Mr. President Dyess LambertBagneris Ellington RobichauxBajoie Guidry Romero


Barham Hainkel Schedler Total—21Bean Heitmeier Siracusa ABSENTBranch Hines SmithCain Hollis Tarver Total—0Casanova Irons TheunissenCravins Johnson Ullo The Chair declared the amendments were rejected.Dardenne JonesDean Jordan Total—31

NAYS

Campbell Greene MaloneCox Landry ShortFields Lentini Total—8

ABSENT

Total—0

The Chair declared the amendments were adopted.


Senator Cain sent up floor amendments which were read. management boards, the Board of Supervisors of Louisiana State


Amendments proposed by Senator Cain to Engrossed Senate Bill No. shall be responsible for compliance by each institution within its system.1272 by Senator Dardenne In the performance of its responsibilities under Louisiana law, the

AMENDMENT NO. 1 accordance with sound educational and fiscal policies ensuring equalOn page 1, line 3, after "(C)(1)(d)," delete the remainder of the line educational opportunities."

AMENDMENT NO. 2 AMENDMENT NO. 2On page 2, delete lines 1 through 4 and insert "higher education On page 9, after "Section" change "4" to "5"institutions; to provide relative to the general"

AMENDMENT NO. 3On page 8, delete lines 2 through 27 and on page 9, delete lines 1through 5

AMENDMENT NO. 4On page 9, line 6, change "Section 3" to "Section 2"

Senator Cain moved adoption of the amendments.

Senator Hines objected.

ROLL CALL


YEAS

Bagneris Guidry LandryBajoie Heitmeier LentiniCain Irons RobichauxCox Johnson RomeroCravins Jones ShortFields Lambert Tarver Total—18

NAYS

Mr. President Dean JordanBarham Dyess MaloneBean Ellington SchedlerBranch Greene SiracusaCampbell Hainkel SmithCasanova Hines TheunissenDardenne Hollis Ullo


Senator Jones sent up floor amendments which were read.


Amendments proposed by Senator Jones to Engrossed Senate Bill No.1272 by Senator Dardenne

AMENDMENT NO. 1On page 9, between lines 25 and 26 insert the following:

"Section 4. The state of Louisiana and the four boards currentlygoverning public higher education in Louisiana shall comply with theprovisions of the settlement agreement in Civil Action No. 80-3300,United States of America vs. State of Louisiana. Each of the three

University and Agricultural and Mechanical College, the Board ofSupervisors of Southern University and Agricultural and MechanicalCollege, and the Board of Trustees of State Colleges and Universities,

Regents shall ensure compliance with the settlement agreement in

On motion of Senator Jones, the amendments were adopted.




Amendments proposed by Senator Landry to Engrossed Senate Bill No.1272 by Senator Dardenne

AMENDMENT NO. 1On page 4, line 24, after "improvements." delete the remainder of theline and delete lines 25 through 27 in their entirety

Senator Landry moved adoption of the amendments.

Senator Jordan objected.

ROLL CALL


YEAS

Bagneris Cravins JohnsonBajoie Fields JonesBean Guidry LambertCain Heitmeier LandryCasanova Hines LentiniCox Irons Robichaux Total—18

NAYS


Mr. President Ellington SchedlerBarham Greene ShortBranch Hainkel SmithCampbell Hollis TarverDardenne Jordan TheunissenDean Malone UlloDyess Romero Total—20

ABSENT

Siracusa Total—1

The Chair declared the amendments were rejected.


Senator Johnson sent up floor amendments which were read.


Amendments proposed by Senator Johnson to Engrossed Senate BillNo. 1272 by Senator Dardenne

AMENDMENT NO. 1On page 1, line 3, after "3302(A)," delete the remainder of the line

AMENDMENT NO. 2On page 2, delete lines 3 and 4 and insert "provide relative to thegeneral"

AMENDMENT NO. 3On page 8, line 2, change "and 3303 are" to "is"

AMENDMENT NO. 4On page 8, delete lines 18 through 27 and on page 9, delete lines 1through 5

Senator Johnson moved adoption of the amendments.

Senator Dardenne objected.

ROLL CALL


YEAS read and adopted. Senator Dardenne moved to reconsider the vote by

Bagneris Fields JonesBajoie Guidry LambertCain Heitmeier LandryCox Irons RobichauxCravins Johnson Tarver Total—15

NAYS

Mr. President Dyess MaloneBarham Ellington RomeroBean Greene SchedlerBranch Hainkel ShortCampbell Hines SiracusaCasanova Hollis SmithDardenne Jordan TheunissenDean Lentini Ullo Total—24

ABSENT

Total—0

The Chair declared the amendments were rejected.




Amendments proposed by Senator Landry to Engrossed Senate Bill No.1272 by Senator Dardenne

AMENDMENT NO. 1On page 5, line 20, after "shall be" insert "promulgated and issued toand"

On motion of Senator Landry, the amendments were adopted.

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

ROLL CALL


YEAS

Mr. President Dyess LentiniBagneris Ellington SchedlerBarham Hainkel ShortBean Heitmeier SiracusaBranch Hines SmithCasanova Hollis TarverDardenne Johnson TheunissenDean Jordan Ullo Total—24

NAYS

Bajoie Fields LambertCain Greene LandryCampbell Guidry MaloneCox Irons RobichauxCravins Jones Romero Total—15

ABSENT

Total—0

The Chair declared the amended bill was passed. The title was

which the bill was passed and laid the motion on the table.

Senate Resolutionson Second Reading, Subject to Call

The following Senate Resolutions, subject to call, were read andacted upon as follows:

Called from the Calendar

Senator Lentini asked that Senate Resolution No. 3 be called fromthe Calendar at this time.

SENATE RESOLUTION NO. 3—BY SENATOR LENTINI

A RESOLUTIONTo amend and readopt Senate Rules No. 6.8 and to adopt Senate Rule

11.6.1 of the Rules of Order of the Senate of the Legislature ofLouisiana, to provide for a motion to limit debate while a speakerhas the floor.

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


Senate Concurrent Resolutions ROLL CALLon Second Reading

Reported by Committees

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

SENATE CONCURRENT RESOLUTION NO. 21—BY SENATOR LAMBERT

A CONCURRENT RESOLUTIONTo memorialize the Congress of the United States to enact legislation

allowing the employees of the Lafourche Basin Levee District toopt-out of the Social Security System and to join the LouisianaState Employees’ Retirement System, effective January 1, 1998.

Reported favorably by the Committee on Retirement.

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

ROLL CALL


YEAS

Bagneris Ellington LentiniBajoie Fields MaloneBarham Greene RobichauxBean Guidry RomeroBranch Heitmeier SchedlerCain Hines ShortCampbell Hollis SiracusaCasanova Irons SmithCox Johnson TarverCravins Jones TheunissenDardenne Jordan UlloDean LambertDyess Landry Total—37

NAYS

Total—0ABSENT

Mr. President Hainkel Total—2

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

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. 1162—BY SENATOR DARDENNE

AN ACTTo enact R.S. 30:2153(1)(b)(iv), relative to the definition of solid waste;

to exclude from the definition of solid waste automotive fluff fromautomobile shredding; and to provide for related matters.

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


YEAS

Mr. President Dean LandryBagneris Dyess LentiniBajoie Ellington MaloneBarham Fields RobichauxBean Guidry RomeroBranch Hainkel SchedlerCain Heitmeier ShortCampbell Hollis SiracusaCasanova Irons SmithCox Johnson TarverCravins Jones TheunissenDardenne Lambert Ullo Total—36

NAYS

Total—0ABSENT

Greene Hines Jordan Total—3

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

SENATE BILL NO. 1264—BY SENATOR LANDRY

AN ACTTo enact Chapter 19-B of Title 3 of the Louisiana Revised Statutes of

1950, to be comprised of R.S. 3:3151 through 3153, relative to thesale of animals; to provide for definitions; to provide forrequirements relating to sale; to provide for a right of action; toprovide for damages; and to provide for related matters.

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

ROLL CALL


YEAS

Bagneris Ellington RomeroBajoie Fields SchedlerBarham Guidry ShortBean Heitmeier SiracusaBranch Irons SmithCain Johnson TarverCampbell Jones TheunissenCox Lambert UlloCravins LandryDyess Lentini Total—28

NAYS

Casanova Hainkel JordanDardenne Hines MaloneDean Hollis Total—8

ABSENT

Mr. President Greene Robichaux Total—3


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

SENATE BILL NO. 1276—BY SENATORS HAINKEL, DARDENNE, EWING AND LAMBERT

AN ACTTo amend and reenact R.S. 30:2351.1(1), (2), (4)(a), (5), (12), (14),

(16), (17), (18), (19), (21), (22), and (23), 2351.2, 2351.3(A) and(B), 2351.4(A), (B)(1)(introductory paragraph), (a) and (b),2351.5(A), (B)(3), and (C), 2351.6(A), (C), (D)(introductoryparagraph), (D)(2), (3), and (4), (E), and (G), 2351.7, 2351.9,2351.10(B)(2), 2351.11, 2351.12, 2351.21, 2351.23, 2351.25(A)and (B), 2351.26(A), 2351.27(A), 2351.28, 2351.29, 2351.51(B)and (D), 2351.56, 2351.57, to enact R.S. 30:2351.1(24), and torepeal R.S. 30:2351.4(B)(3) and (5), 2351.25(D) and (E),2351.27(C), 2351.52, and 2351.54(B), relative to lead-based paintactivities; to provide for certification and licensing requirementsand standards; to provide for categories; to provide for theauthority of the secretary of the Department of EnvironmentalQuality; to provide for regulations; to provide for training courses;to provide for the applicability of the law; to provide fornotifications; to provide for enforcement and appeals; to providefor medical surveillance; to provide for federal consistency; and toprovide for related matters.

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

SENATE BILL NO. 1306—BY SENATOR COX

AN ACTTo amend and reenact Children's Code Article 857(A), relative to

transfers for criminal prosecution; to provide for transfer ofcriminal prosecution of forcible rape when the rape is committedupon a child at least two years younger than the rapist; and toprovide for related matters.


Senator Bagneris sent up floor amendments which were read.


Amendments proposed by Senator Bagneris on behalf of the LegislativeBureau to Engrossed Senate Bill No. 1306 by Senator Cox

AMENDMENT NO. 1On page 2, delete lines 13 through 16 in their entirety and insert threeasterisks "* * *"

On motion of Senator Bagneris, the amendments were adopted.


Senator Jordan sent up floor amendments which were read.


Amendments proposed by Senator Jordan to Engrossed Senate Bill No.1306 by Senator Cox

AMENDMENT NO. 1On page 1, line 4, after "forcible rape" delete the remainder of the lineand on line 5, delete "younger than the rapist"

AMENDMENT NO. 2On page 2, line 10, after "forcible rape" delete the remainder of the lineand delete line 11 and insert a period "."

Senator Jordan moved adoption of the amendments.

ROLL CALL


YEAS

Barham Hainkel MaloneBranch Hines RomeroCasanova Hollis ShortDardenne Jordan SiracusaDean Lambert Theunissen Total—15

NAYS

Mr. President Fields LentiniBajoie Guidry RobichauxCain Heitmeier SchedlerCampbell Irons SmithCox Johnson TarverCravins Jones UlloEllington Landry Total—20

ABSENT

Bagneris DyessBean Greene Total—4

Documents

OFFICIAL JOURNAL OF THE SENATEsenate.la.gov/SessionInfo/Archives/1997/Journals/journa22.pdf · Peter Giuffria Curtis Hudson John Hunter Robert Manetta Board of Examiners of Certified