HJ 0521 37 FINAL - Louisiana House of...

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1873 OFFICIAL JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF LOUISIANA THIRTY-SEVENTH DAY'S PROCEEDINGS Twenty-third Regular Session of the Legislature Under the Adoption of the Constitution of 1974 House of Representatives State Capitol Baton Rouge, Louisiana Wednesday, May 21, 1997 The House of Representatives was called to order at 1:30 P.M., by the Honorable H. B. "Hunt" Downer, Jr., Speaker of the House of Representatives. Morning Hour ROLL CALL The roll being called, the following members answered to their names: PRESENT Mr. Speaker Gautreaux Perkins Alario Glover Pierre Alexander, A.—93rd Green Pinac Alexander, R.—13th Guillory Powell Ansardi Hammett Pratt Barton Heaton Quezaire Baudoin Hebert Riddle Baylor Hill Romero Bowler Holden Rousselle Bruce Hopkins Salter Brun Hudson Scalise Bruneau Hunter Schneider Carter Iles Shaw Chaisson Jenkins Smith, J.D.—50th Clarkson Jetson Smith, J.R.—30th Copelin Johns Stelly Crane Kennard Strain Curtis Kenney Theriot Damico Lancaster Thomas Daniel Landrieu Thompson Deville LeBlanc Thornhill DeWitt Long Toomy Diez Marionneaux Travis Dimos Martiny Vitter Doerge McCain Walsworth Donelon McCallum Warner Dupre McDonald Welch Durand McMains Weston Farve Michot Wiggins Faucheux Mitchell Wilkerson Flavin Montgomery Willard-Lewis Fontenot Morrell Windhorst Forster Morrish Winston Frith Murray Wright Fruge Odinet Total—104 ABSENT Triche Total—1 The Speaker announced that there were 104 members present and a quorum. Prayer Prayer was offered by Rev. John M. Mabry. Pledge of Allegiance Rep. Wiggins led the House in reciting the Pledge of Allegiance to the Flag of the United States of America. Reading of the Journal On motion of Rep. Walsworth, the reading of the Journal was dispensed with. On motion of Rep. Walsworth, the Journal of May 20, 1997, was adopted. Petitions, Memorials and Communications The following petitions, memorials, and communications were received and read: Message from the Senate HOUSE CONCURRENT RESOLUTIONS May 20, 1997 To the Honorable Speaker and Members of the House of Representatives: I am directed to inform your honorable body that the Senate has concurred in the following House Concurrent Resolutions: House Concurrent Resolution No. 33 Returned without amendments. House Concurrent Resolution No. 182 Returned without amendments. Respectfully submitted, MICHAEL S. BAER, III Secretary of the Senate Message from the Senate ASKING CONCURRENCE IN SENATE CONCURRENT RESOLUTIONS May 21, 1997 To the Honorable Speaker and Members of the House of Representatives:

Transcript of HJ 0521 37 FINAL - Louisiana House of...

1873

OFFICIAL JOURNAL

OF THE

HOUSE OFREPRESENTATIVES

OF THE

STATE OF LOUISIANA

THIRTY-SEVENTH DAY'S PROCEEDINGS

Twenty-third Regular Session of the LegislatureUnder the Adoption of the

Constitution of 1974

House of RepresentativesState Capitol

Baton Rouge, Louisiana

Wednesday, May 21, 1997

The House of Representatives was called to order at 1:30 P.M.,by the Honorable H. B. "Hunt" Downer, Jr., Speaker of the House ofRepresentatives.

Morning Hour

ROLL CALL

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

PRESENT

Mr. Speaker Gautreaux PerkinsAlario Glover PierreAlexander, A.—93rd Green PinacAlexander, R.—13th Guillory PowellAnsardi Hammett PrattBarton Heaton QuezaireBaudoin Hebert RiddleBaylor Hill RomeroBowler Holden RousselleBruce Hopkins SalterBrun Hudson ScaliseBruneau Hunter SchneiderCarter Iles ShawChaisson Jenkins Smith, J.D.—50thClarkson Jetson Smith, J.R.—30thCopelin Johns StellyCrane Kennard StrainCurtis Kenney TheriotDamico Lancaster ThomasDaniel Landrieu ThompsonDeville LeBlanc ThornhillDeWitt Long ToomyDiez Marionneaux TravisDimos Martiny VitterDoerge McCain WalsworthDonelon McCallum WarnerDupre McDonald WelchDurand McMains WestonFarve Michot Wiggins

Faucheux Mitchell WilkersonFlavin Montgomery Willard-LewisFontenot Morrell WindhorstForster Morrish WinstonFrith Murray WrightFruge Odinet Total—104

ABSENT

Triche Total—1

The Speaker announced that there were 104 members presentand a quorum.

Prayer

Prayer was offered by Rev. John M. Mabry.

Pledge of Allegiance

Rep. Wiggins led the House in reciting the Pledge of Allegianceto the Flag of the United States of America.

Reading of the Journal

On motion of Rep. Walsworth, the reading of the Journal wasdispensed with.

On motion of Rep. Walsworth, the Journal of May 20, 1997,was adopted.

Petitions, Memorials andCommunications

The following petitions, memorials, and communications werereceived and read:

Message from the Senate

HOUSE CONCURRENT RESOLUTIONS

May 20, 1997

To the Honorable Speaker and Members of the House ofRepresentatives:

I am directed to inform your honorable body that the Senate hasconcurred in the following House Concurrent Resolutions:

House Concurrent Resolution No. 33Returned without amendments.

House Concurrent Resolution No. 182Returned without amendments.

Respectfully submitted,

MICHAEL S. BAER, IIISecretary of the Senate

Message from the Senate

ASKING CONCURRENCE INSENATE CONCURRENT RESOLUTIONS

May 21, 1997

To the Honorable Speaker and Members of the House ofRepresentatives:

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I am directed to inform your honorable body that the Senate hasadopted and asks your concurrence in the following SenateConcurrent Resolutions:

Senate Concurrent Resolution Nos. 106, 114, 115, 116, 117, and 119

Respectfully submitted,

MICHAEL S. BAER, IIISecretary of the Senate

Suspension of the Rules

On motion of Rep. Green, the rules were suspended in order totake up Senate Concurrent Resolutions at this time.

Senate Concurrent Resolutions

The following Senate Concurrent Resolutions contained in themessage were taken up and acted upon as follows:

SENATE CONCURRENT RESOLUTION NO. 114—BY SENATOR ULLO

A CONCURRENT RESOLUTIONTo commend J. Kenneth Leithman for being named the winner of the

first special education Lifetime Achievement Award by theJefferson Parish Special Education Advisory Council.

Read by title.

On motion of Rep. Green, and under a suspension of the rules,the resolution was concurred in.

SENATE CONCURRENT RESOLUTION NO. 116—BY SENATOR CAIN

A CONCURRENT RESOLUTIONTo commend Randi Schamerhorn for her outstanding achievements

and service to community.

Read by title.

On motion of Rep. Hill, and under a suspension of the rules, theresolution was concurred in.

SENATE CONCURRENT RESOLUTION NO. 117—BY SENATOR EWING

A CONCURRENT RESOLUTIONTo commend Karl Malone on being named the 1997 winner of the

NBA's Most Valuable Player Award.

Read by title.

On motion of Rep. McCallum, and under a suspension of therules, the resolution was concurred in.

SENATE CONCURRENT RESOLUTION NO. 119—BY SENATOR ROBICHAUX

A CONCURRENT RESOLUTIONTo commend Aaron Fletcher of Thibodaux for his many

achievements, including winning the inaugural Sidney BechetJazz Scholarship.

Read by title.

On motion of Rep. Theriot, and under a suspension of the rules,the resolution was concurred in.

Message from the Senate

SENATE BILLS

May 20, 1997

To the Honorable Speaker and Members of the House ofRepresentatives:

I am directed to inform your honorable body that the Senate hasfinally passed the following Senate Bills:

Senate Bill Nos. 53, 1391, 1473, 1481, 1484, 1526, and 1554

Respectfully submitted,

MICHAEL S. BAER, IIISecretary of the Senate

Suspension of the Rules

On motion of Rep. Long, the rules were suspended in order totake up the bills contained in the message at this time.

Senate Bills and Joint Resolutionson First Reading

The following Senate Bills and Joint Resolutions on first readingwere taken up, read, and placed upon the calendar for their secondreading:

SENATE BILL NO. 53—BY SENATORS SMITH AND CAIN

AN ACTTo enact R.S. 32:387.8, relative to motor vehicles; to provide for

issuance of special permits for vehicles transporting loggingequipment from weight restrictions under certain conditions; toprovide for weight limits under the special permit; and toprovide for related matters.

Read by title.

SENATE BILL NO. 1391—BY SENATOR LANDRY

AN ACTTo enact R.S. 32:2216(L), relative to public contracts; to provide

relative to certain overtime costs; to prohibit such costs; and toprovide for related matters.

Read by title.

SENATE BILL NO. 1473—BY SENATOR BEAN

AN ACTTo amend and reenact R.S. 22:228.6(B)(2)(b), relative to health

insurance premiums; to provide criteria for community rating ofpremiums for small groups; to delete the twenty percent limit onsmall group health insurance; and to provide for related matters.

Read by title.

SENATE BILL NO. 1481—BY SENATOR ULLO

AN ACTTo amend and reenact R.S. 34:3251, relative to ports; to provide

relative to the Grand Isle Port Commission; to requiregubernatorial appointment of commission members; to requireterms of office concurrent with the governor; to require Senateconfirmation of appointees; and to provide for related matters.

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Read by title.

SENATE BILL NO. 1484—BY SENATOR SHORT

AN ACTTo amend and reenact R.S. 47:463.26(E), relative to motor vehicles;

to provide relative to Purple Heart recipient prestige licenseplates; to authorize multiple issuance of such plates; and toprovide for related matters.

Read by title.

SENATE BILL NO. 1526—BY SENATOR BARHAM (BY REQUEST)

AN ACTTo enact R.S. 40:1502.14, relative to fire protection districts; to

exempt insurers and insurance agents in certain parishes fromhaving a current service charge receipt considering any reducedinsurance rate because of fire district protection; and to providefor related matters.

Read by title.

SENATE BILL NO. 1554 (Substitute for Senate Bill No. 1231by Senator Ewing)—BY SENATOR EWING

AN ACTTo enact Subpart A of Part V-A of Chapter 1 of Title 48 of the

Louisiana Revised Statutes of 1950, to be comprised of R.S.48:81 through 84, relative to the Department of Transportationand Development; to create the Louisiana Infrastructure Bank;to provide for a board of directors to govern such bank; toprovide for membership, duties, and authority of the board; torequire the adoption of bylaws, rules, regulations by the board;to require the state treasurer to serve as chairman of the board;to provide for the receipt, administration, and expenditure offederal grants allotted for the fund; to require approval of alleligible projects by the Department of Transportation andDevelopment; to provide for the capitalization, investment anddisposition of the funds; to provide for the length of time ofloans; to provide for interest on such loans; to provide for thededication of revenues by local political subdivisions to pay forsuch loans; to authorize the infrastructure bank to incur debt andissue bond, notes, or other evidences of indebtedness and toguarantee the debt of other entities; to provide for the manner bywhich such evidences of indebtedness, guarantees, and pledgesshall be authorized, issued, executed and delivered; to requirewritten approval of the State Bond Commission for expenditureof fund or issuance of bonds; to require investment of monies inthe fund by the state treasurer; to authorize loans from the fundto local governments, political subdivisions, and private entities;to require and provide relative to a resolution of the governingauthority of a political subdivision prior to the issuance ofevidence of indebtedness; to exempt evidence of indebtednessissued by the bank from taxation; and to provide for relatedmatters.

Read by title.

Introduction of Resolutions,House and House Concurrent

The following members introduced the following entitled Houseand House Concurrent Resolutions, which were read the first time bytheir titles and placed upon the calendar for their second reading:

HOUSE RESOLUTION NO. 59—BY REPRESENTATIVES MURRAY, A. ALEXANDER, COPELIN, FARVE,MORRELL, PRATT, JACK SMITH, AND WILLARD-LEWIS

A RESOLUTIONTo express the condolences of the House of Representatives of the

Legislature of Louisiana upon the death of Mr. Kemper Darnell,Sr.

Read by title.

On motion of Rep. Murray, and under a suspension of the rules,the resolution was adopted.

HOUSE CONCURRENT RESOLUTION NO. 189—BY REPRESENTATIVE WELCH

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

Services to consider implementing a School Bus AttendantCommunity Service Program which will allow recipients ofpublic assistance enrolled in the program to be considered asworking for work participation purposes.

Read by title.

Lies over under the rules.

HOUSE CONCURRENT RESOLUTION NO. 190—BY REPRESENTATIVE HOLDEN

A CONCURRENT RESOLUTIONTo express the tribute of the Louisiana Legislature to Mr. Victor

Bussie, upon his retirement after forty-one years as president ofthe Louisiana AFL-CIO, and to record his invaluablecontributions to the state of Louisiana and her citizens.

Read by title.

On motion of Rep. Holden, and under a suspension of the rules,the resolution was adopted.

Ordered to the Senate.

HOUSE CONCURRENT RESOLUTION NO. 191—BY REPRESENTATIVE GUILLORY

A CONCURRENT RESOLUTIONTo memorialize congress to allow Louisiana to impose requirements

on the storage and transportation of hazardous materials by railcar that are more stringent than federal requirements.

Read by title.

Lies over under the rules.

Reports of Committees

The following reports of committees were received and read:

Report of the Committee onTransportation, Highways and Public Works

May 21, 1997

To the Speaker and Members of the House of Representatives:

Pursuant to a meeting held on May 20, 1997, I am directed byyour Committee on Transportation, Highways and Public Works tosubmit the following report:

House Concurrent Resolution No. 153, by FaucheuxReported favorably. (11-0)

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Senate Concurrent Resolution No. 21, by LambertReported favorably. (10-0)

Senate Concurrent Resolution No. 58, by UlloReported favorably. (10-0)

Senate Concurrent Resolution No. 67, by LandryReported favorably. (12-0)

Senate Concurrent Resolution No. 76, by CasanovaReported favorably. (12-0)

Senate Concurrent Resolution No. 77, by RomeroReported favorably. (13-0)

Senate Concurrent Resolution No. 87, by RomeroReported with amendments. (13-0)

Senate Concurrent Resolution No. 95, by HinesReported favorably. (13-0)

Senate Bill No. 382, by JordanReported favorably. (14-0) (Regular)

Senate Bill No. 389, by GuidryReported favorably. (11-0) (Regular)

Senate Bill No. 506, by DyessReported with amendments. (15-0) (Regular)

Senate Bill No. 704, by LandryReported favorably. (10-0) (Regular)

Senate Bill No. 712, by GuidryReported with amendments. (11-0) (Regular)

Senate Bill No. 772, by HeitmeierReported favorably. (14-0) (Regular)

Senate Bill No. 792, by LandryReported with amendments. (14-0) (Regular)

Senate Bill No. 927, by BranchReported favorably. (14-0) (Regular)

Senate Bill No. 1007, by DyessReported with amendments. (12-0) (Regular)

Senate Bill No. 1071, by LandryReported favorably. (14-0) (Regular)

Senate Bill No. 1121, by DyessReported favorably. (13-0) (Regular)

Senate Bill No. 1330, by GuidryReported favorably. (12-0) (Consent)

Senate Bill No. 1454, by EllingtonReported with amendments. (14-0) (Consent)

Senate Bill No. 1465, by CainReported favorably. (14-0) (Regular)

JOHN C. DIEZChairman

The above Senate Bills reported favorably or with amendmentswere referred to the Legislative Bureau.

Report of the Committee on Ways and Means

May 21, 1997

To the Speaker and Members of the House of Representatives:

Pursuant to a meeting held on May 20, 1997, I am directed byyour Committee on Ways and Means to submit the following report:

House Bill No. 352, by Daniel (Joint Resolution)Reported favorably. (12-0)

House Bill No. 1684, by AlarioReported favorably. (11-0) (Consent)

JOHN A. ALARIO, JR.Chairman

Report of the Committee on Civil Law and Procedure

May 21, 1997

To the Speaker and Members of the House of Representatives:

Pursuant to a meeting held on May 20, 1997, I am directed byyour Committee on Civil Law and Procedure to submit the followingreport:

House Bill No. 82, by Daniel (Joint Resolution)Reported without amendments. (7-0) (Regular)

House Bill No. 852, by J. Smith (Joint Resolution)Reported without amendments. (7-0) (Regular)

House Bill No. 1242, by WestonReported without action with the recommendation to recommit the

bill to the Committee on Labor and Industrial Relations. (6-4)

House Bill No. 1342, by FaucheuxReported with amendments. (11-0) (Regular)

Senate Bill No. 130, by CoxReported favorably. (10-0) (Consent)

Senate Bill No. 143, by CoxReported favorably. (10-0) (Consent)

Senate Bill No. 144, by RomeroReported with amendments. (7-0) (Regular)

Senate Bill No. 191, by RomeroReported with amendments. (10-0) (Regular)

Senate Bill No. 721, by HinesReported without action with the recommendation to recommit the

bill to the Committee on Health and Welfare. (7-0)

Senate Bill No. 1097, by LandryReported with amendments. (9-0) (Regular)

Senate Bill No. 1365, by IronsReported with amendments. (10-0) (Regular)

Senate Bill No. 1425, by DardenneReported with amendments. (7-0) (Regular)

F. CHARLES MCMAINS, JR.Chairman

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The above Senate Bills reported favorably or with amendmentswere referred to the Legislative Bureau.

House and House Concurrent Resolutions

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

HOUSE CONCURRENT RESOLUTION NO. 185—BY REPRESENTATIVE MCDONALD

A CONCURRENT RESOLUTIONTo urge and request that the Louisiana Educational Television

Authority, in performance of its public purpose and incoordination with the Louisiana Student Financial AssistanceCommission, produce and broadcast programs that instructresidents about the student aid programs for postsecondaryeducation available to them, placing special emphasis upon theStudent Tuition Assistance and Revenue Trust (START) SavingProgram.

Read by title.

Under the rules, the above resolution was referred to theCommittee on Education.

HOUSE CONCURRENT RESOLUTION NO. 186—BY REPRESENTATIVE FAUCHEUX

A CONCURRENT RESOLUTIONTo direct the secretary of the Department of Wildlife and Fisheries

and Wildlife and Fisheries Commission to use the mean oraverage of the range of spawning potential ratio for flounders.

Read by title.

Under the rules, the above resolution was referred to theCommittee on Natural Resources.

HOUSE CONCURRENT RESOLUTION NO. 187—BY REPRESENTATIVE FAUCHEUX

A CONCURRENT RESOLUTIONTo suspend Louisiana Administrative Code Title 76, Part VII,

Chapter 3, Section 351, prohibiting certain commercialpossession and sale of southern flounder, insofar as such rulesprohibit possession and sale of flounder taken as a by-catchfrom commercial shrimp trawls.

Read by title.

Under the rules, the above resolution was referred to theCommittee on Natural Resources.

HOUSE CONCURRENT RESOLUTION NO. 188—BY REPRESENTATIVE R. ALEXANDER

A CONCURRENT RESOLUTIONTo designate the month of August as Hepatitis C Educational

Awareness Month and to urge and request the office of publichealth of the Department of Health and Hospitals, and privateand charitable entities on the office's behalf, to promote publicawareness of Hepatitis C through increased public education.

Read by title.

On motion of Rep. Rodney Alexander, and under a suspensionof the rules, the resolution was adopted.

Ordered to the Senate.

Senate Concurrent Resolutions

The following Senate Concurrent Resolutions lying over weretaken up and acted upon as follows:

SENATE CONCURRENT RESOLUTION NO. 113—BY SENATOR HINES

A CONCURRENT RESOLUTIONTo designate and proclaim the week of May 18 through 24, 1997, as

Emergency Medical Services Week.

Read by title.

On motion of Rep. Riddle, and under a suspension of the rules,the resolution was concurred in.

Senate Bills and Joint Resolutions onSecond Reading to be Referred

The following Senate Bills and Joint Resolutions on secondreading to be referred were taken up, read, and referred tocommittees, as follows:

SENATE BILL NO. 215—BY SENATORS EWING AND LANDRY

A JOINT RESOLUTIONProposing to amend Article VII, Section 14(B) of the Constitution of

Louisiana, to authorize the use of public funds through stateinfrastructure banks; and to specify an election for submissionof the proposition to electors and provide a ballot proposition.

Read by title.

Under the rules, the above bill was referred to the Committee onTransportation, Highways and Public Works.

SENATE BILL NO. 709—BY SENATORS LANDRY AND GREENE

AN ACTTo enact R.S. 42:5.1, relative to public meetings; to require school

boards to allow public comment at school board meetings beforetaking a vote; and to provide for related matters.

Read by title.

Under the rules, the above bill was referred to the Committee onHouse and Governmental Affairs.

SENATE BILL NO. 742—BY SENATORS DARDENNE AND EWING

AN ACTTo amend and reenact R.S. 46:931, 933(C), (D), (F) and (G), 934,

936, 1602(C), and 1605 and to repeal R.S. 46:938, relative toelderly affairs; to provide for the reorganization of the LouisianaExecutive Board on Aging; to provide for powers of the board;to provide for consolidation of services within the office ofelderly affairs; to provide for administration of funds forservices to the elderly; to eliminate mandatory provision of acomputer based volunteer service credit program; and to providefor related matters.

Read by title.

Under the rules, the above bill was referred to the Committee onHealth and Welfare.

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SENATE BILL NO. 852—BY SENATOR SHORT

AN ACTTo amend and reenact R.S. 17:416(D), relative to the discipline of

students; to provide relative to the school enrollment of astudent convicted of a felony; to permit a school system toexclude such a student except under certain circumstances; andto provide for related matters.

Read by title.

Under the rules, the above bill was referred to the Committee onEducation.

SENATE BILL NO. 1039—BY SENATOR SHORT

AN ACTTo amend and reenact R.S. 29:27, relative to exempting any private

vehicle bearing disabled American veteran license plates frombeing required to pay tolls on certain government ferries andbridges or parking fees in government parking garages; and toprovide for related matters.

Read by title.

Under the rules, the above bill was referred to the Committee onTransportation, Highways and Public Works.

SENATE BILL NO. 1077—BY SENATOR JOHNSON

AN ACTTo enact R.S. 33:2740.35, relative to economic development

districts; to create such districts in municipalities with apopulation in excess of five hundred thousand persons; toprovide for the powers, duties, functions, and governingauthority of such districts; and to provide for related matters.

Read by title.

Under the rules, the above bill was referred to the Committee onMunicipal, Parochial and Cultural Affairs.

SENATE BILL NO. 1106—BY SENATOR ROBICHAUX

AN ACTTo amend and reenact R.S. 49:214.30(H)(2) and to enact R.S.

49:214.30(H)(3), relative to coastal use permits; to provided foruse of certain dredged material; and to provide for relatedmatters.

Read by title.

Under the rules, the above bill was referred to the Committee onNatural Resources.

SENATE BILL NO. 1110—BY SENATOR DARDENNE

AN ACTTo amend and reenact R.S. 42:1123(10)(b), relative to the Code of

Governmental Ethics; to provide relative to certain exceptions;to expand the types of contracts permissible between highereducation institutions and faculty or staff members or legalentities in which such employees have a substantial economicinterest; and to provide for related matters.

Read by title.

Motion

Rep. McMains moved that Senate Bill No. 1110 be designatedas a duplicate of House Bill No. 1873.

Which motion was agreed to.

Under the rules, the above bill was referred to the Committee onHouse and Governmental Affairs.

SENATE BILL NO. 1181—BY SENATOR GUIDRY

AN ACTTo amend and reenact R.S. 17:204, relative to the In-School

Intervention Pilot Program; to provide for an extension of thepilot program; and to provide for related matters.

Read by title.

Motion

On motion of Rep. Weston, the above bill was returned to thecalendar subject to call.

SENATE BILL NO. 1185—BY SENATOR GUIDRY

AN ACTTo amend and reenact R.S. 46:239(B) relative to school attendance

requirements for children receiving public assistance; to specifygrounds for school absences; and to provide for related matters.

Read by title.

Under the rules, the above bill was referred to the Committee onHealth and Welfare.

SENATE BILL NO. 1190—BY SENATOR GUIDRY

AN ACTTo enact R.S. 17:280, relative to students; to provide for an

opportunity for students to visit a state or parish prison facility;to provide for the inclusion of such requirement in an existingcourse of study; to provide for notification procedures; toprovide for exemptions; to provide relative to rules regulatingthe administration and implementation; to provide relative to theauthority of the State Board of Elementary and SecondaryEducation; and to provide for related matters.

Read by title.

Under the rules, the above bill was referred to the Committee onEducation.

SENATE BILL NO. 1214—BY SENATOR EWING

AN ACTTo amend and reenact R.S. 40:1841, relative to the Louisiana

Liquefied Petroleum Gas Commission; to provide for changesin composition of the commission; and to provide for relatedmatters.

Read by title.

Under the rules, the above bill was referred to the Committee onNatural Resources.

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SENATE BILL NO. 1246—BY SENATOR LANDRY

AN ACTTo enact R.S. 38:2216(L), relative to public contracts; to require any

provision of such contracts to comply with Public Bid Law;provides for severability of contract provisions; and to providefor related matters.

Read by title.

Under the rules, the above bill was referred to the Committee onTransportation, Highways and Public Works.

SENATE BILL NO. 1249—BY SENATORS HOLLIS AND SCHEDLER

AN ACTTo amend and reenact R.S. 37:2167(D)(1), (2), (3), and (4), relative

to the waiver of examinations to residential building contractors;and to provide for related matters.

Read by title.

Under the rules, the above bill was referred to the Committee onCommerce.

SENATE BILL NO. 1279—BY SENATORS HAINKEL, DARDENNE, EWING AND BAGNERIS

AN ACTTo amend and reenact 46:56(F)(1) and 46:56(F)(4)(a) and to enact

R.S. 46:56(F)(8) and (9), relative to the confidentiality of clientcase records; to provide for access to certain records by court-appointed children's attorneys and Court-Appointed SpecialAdvocates; to authorize a local child protection unit to advise ajudge under certain circumstances on the existence of certainrecords; to provide for public disclosure of information incertain circumstances; to define "near fatality"; to provide forconfidentiality of an individual initiating a report or complaint;to provide for disclosure of certain information to a child abusecitizen review panel and child fatality review panel; and toprovide for related matters.

Read by title.

Under the rules, the above bill was referred to the Committee onHealth and Welfare.

SENATE BILL NO. 1281—BY SENATORS DARDENNE, EWING AND HAINKEL

AN ACTTo enact R.S. 17:3129.6, relative to state funds; to provide for the

creation of the Higher Education Initiatives Fund within thestate treasury; to provide for deposit of monies into the fund; toprovide for use and distribution of monies in the fund; toprovide for accounts within the fund; and to provide for relatedmatters.

Read by title.

Motion

On motion of Rep. Rodney Alexander, the bill was returned tothe calendar subject to call.

SENATE BILL NO. 1287—BY SENATOR DARDENNE

AN ACTTo enact R.S. 17:280, relative to required courses of study; to

provide for the development of a program to prevent compulsivegambling; and to provide for related matters.

Read by title.

Under the rules, the above bill was referred to the Committee onEducation.

SENATE BILL NO. 1350—BY SENATORS BAJOIE AND GUIDRY

AN ACTTo amend and reenact R.S. 22:657(D)(2), relative to emergency care;

to prohibit pre-certification for an emergency medical condition;to provide for coverage in certain circumstances; to prohibitcertain health care organizations from denying or reducingpayments in certain circumstances; to provide for penalties; andto provide for related matters.

Read by title.

Motion

On motion of Rep. Rodney Alexander, the bill was returned tothe calendar subject to call.

SENATE BILL NO. 1363—BY SENATOR LANDRY

AN ACTTo amend and reenact R.S. 32:237(E) and to enact R.S. 32:57(G),

relative to traffic regulations and construction barricades; toprovide relative to construction zones; to increase penalties; andto provide for related matters.

Read by title.

Under the rules, the above bill was referred to the Committee onTransportation, Highways and Public Works.

SENATE BILL NO. 1470—BY SENATOR MALONE

AN ACTTo amend and reenact R.S. 3:4278.2(B), relative to the sale of

timber; to require approval of at least sixty-six and two-thirdspercent of the co-owners of timber property prior to the sale oftimber; and to provide for related matters.

Read by title.

Under the rules, the above bill was referred to the Committee onAgriculture.

Motion

On motion of Rep. Damico, the Committee on Municipal,Parochial and Cultural Affairs was discharged from furtherconsideration of Senate Bill No. 803.

SENATE BILL NO. 803—BY SENATORS HAINKEL, DARDENNE, EWING AND LAMBERT

AN ACTTo enact R.S. 33:1243(C), relative to penalties for the violation of

parish ordinances; to provide for the maximum penalty to beimposed for violation of parish ordinances regulating the use ofor discharge to publicly owned waste treatment works by non-domestic users; and to provide for related matters.

Read by title.

Motion

On motion of Rep. Damico, the bill was returned to the calendarsubject to call.

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Senate Instruments on Second ReadingReturned from the Legislative Bureau

The following Senate Instruments on second reading, returnedfrom the Legislative Bureau, were taken up and acted upon asfollows:

SENATE BILL NO. 516—BY SENATOR LENTINI

AN ACTTo amend and reenact the introductory paragraph of R.S. 40:1484.2

and R.S. 40:1484.2(4), (5), (6), (7), (8), (9), and (10), 1484.3(A)and (B)(1), 1484.4, 1484.5(B), 1484.6, 1484.7, 1484.8, 1484.9,1484.10, 1484.11(2), and 1484.13 and to enact R.S.40:1484.2(11), relative to amusement attractions or rides; toprovide for certain inspections on behalf of an owner oroperator's insurer prior to operation; to prohibit operation of theattraction or ride until such inspection; and to provide forrelated matters.

Read by title.

Reported favorably by the Committee on Commerce.

Reported with amendments by the Legislative Bureau.

The Legislative Bureau amendments were read as follows:

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Engrossed SenateBill No. 516 by Senator Lentini

AMENDMENT NO. 1

On page 4, line 10, following "semiannually" change ";" to a period"."

AMENDMENT NO. 2

On page 4, line 20, following "to" and before "operating" delete"commencement of"

AMENDMENT NO. 3

On page 6, line 5, following "inspection" and before "which" inserta comma ","

AMENDMENT NO. 4

On page 6, line 18, following "use," and before "notice" insert "a"

On motion of Rep. Travis, the amendments were adopted.

On motion of Rep. Travis, the bill, as amended, was orderedpassed to its third reading.

Under the rules, placed on the regular calendar.

SENATE BILL NO. 708—BY SENATOR LANDRY

AN ACTTo enact R.S. 40:1580.1, relative to hotels or motels; to require

hotels or motels to install approved fire detection and alarmsystems for the hearing impaired in all rooms; and to provide forrelated matters.

Read by title.

Reported favorably by the Committee on Commerce.

Reported with amendments by the Legislative Bureau.

The Legislative Bureau amendments were read as follows:

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Engrossed SenateBill No. 708 by Senator Landry

AMENDMENT NO. 1

On page 1, line 14, following "by" and before "A" change "Section"to "Subsection" and following "have" change "less" to "fewer" and online 16 following "but" and before "than" change "less" to "fewer"

On motion of Rep. Travis, the amendments were adopted.

On motion of Rep. Travis, the bill, as amended, was orderedpassed to its third reading.

Under the rules, placed on the regular calendar.

SENATE BILL NO. 960—BY SENATOR GUIDRY

AN ACTTo enact Part V-A of Chapter 2 of Code Title XII of Code Book III

of Title 9 of the Louisiana Revised Statutes of 1950, to becomprised of R.S. 9:3541.21 and 3541.22, relative to homesolicitation of aged persons; to provide definitions; to providefor prohibited practices; and to provide for related matters.

Read by title.

Reported favorably by the Committee on Commerce.

Reported without amendments by the Legislative Bureau.

On motion of Rep. Travis, the bill was ordered passed to itsthird reading.

Under the rules, placed on the regular calendar.

SENATE BILL NO. 987—BY SENATOR ELLINGTON

AN ACTTo direct the Louisiana State Law Institute to change certain

references in the law in matters of workers' compensation; andto provide for related matters.

Read by title.

Reported favorably by the Committee on Labor and IndustrialRelations.

Reported without amendments by the Legislative Bureau.

On motion of Rep. Forster, the bill was ordered passed to itsthird reading.

Under the rules, placed on the consent calendar.

SENATE BILL NO. 992—BY SENATOR ELLINGTON

AN ACTTo amend and reenact R.S. 23:1101(D)(1) and 1102(A), and to enact

R.S. 23:1103(A)(3); relative to workers' compensation; toprovide with respect to rights against third persons; to clarify

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that suits against a third person to recover workers'compensation benefits paid shall be tried before a district courtjudge; to authorize disputes regarding the calculation ofemployer's credit to be filed with the office of workers'compensation and tried before a hearing officer; and to providefor related matters.

Read by title.

Reported favorably by the Committee on Labor and IndustrialRelations.

Reported without amendments by the Legislative Bureau.

On motion of Rep. Forster, the bill was ordered passed to itsthird reading.

Under the rules, placed on the consent calendar.

SENATE BILL NO. 993—BY SENATOR ELLINGTON

AN ACTTo amend and reenact R.S. 23:1291(B)(8) and (C)(1), relative to the

administration of claims; to provide with respect to the office ofworker's compensation; to provide for the creation, powers, andduties of the office of worker's compensation administration;and to provide for related matters.

Read by title.

Reported favorably by the Committee on Labor and IndustrialRelations.

Reported without amendments by the Legislative Bureau.

On motion of Rep. Forster, the bill was ordered passed to itsthird reading.

Under the rules, placed on the consent calendar.

SENATE BILL NO. 995—BY SENATOR ELLINGTON

AN ACTTo amend and reenact R.S. 23:1208(D), relative to worker's

compensation; to provide with respect to worker's compensationbenefits; to provide for assessment of penalties by hearingofficers; and to provide for related matters.

Read by title.

Reported favorably by the Committee on Labor and IndustrialRelations.

Reported without amendments by the Legislative Bureau.

On motion of Rep. Forster, the bill was ordered passed to itsthird reading.

Under the rules, placed on the consent calendar.

SENATE BILL NO. 997—BY SENATOR ELLINGTON

AN ACTTo repeal R.S. 23:1601(1)(b) and (2)(b), relative to unemployment

compensation; to repeal provisions relative to reduction ofbenefits upon requalification; to provide for an effective date;and to provide for related matters.

Read by title.

Reported favorably by the Committee on Labor and IndustrialRelations.

Reported without amendments by the Legislative Bureau.

On motion of Rep. Forster, the bill was ordered passed to itsthird reading.

Under the rules, placed on the regular calendar.

SENATE BILL NO. 1001—BY SENATOR ELLINGTON

AN ACTTo enact R.S. 23:1660(E) and (F), relative to unemployment

compensation; to provide with respect to records and reports; toprovide relative to the release and access of unemploymentrecords; to provide for the reimbursement of costs for releasesof any unemployment compensation records to governmentalentities; and to provide for related matters.

Read by title.

Reported favorably by the Committee on Labor and IndustrialRelations.

Reported without amendments by the Legislative Bureau.

On motion of Rep. Forster, the bill was ordered passed to itsthird reading.

Under the rules, placed on the regular calendar.

SENATE BILL NO. 1002—BY SENATOR ELLINGTON

AN ACTTo amend and reenact R.S. 23:1622 and 1693(A), and to enact R.S.

23:1693(I), relative to unemployment compensation benefits; toprovide for withholding and collection of payableunemployment compensation benefits for over issuance of foodstamp allotments; and to provide for related matters.

Read by title.

Reported with amendments by the Committee on Labor andIndustrial Relations.

The committee amendments were read as follows:

HOUSE COMMITTEE AMENDMENTS

Amendments proposed by House Committee on Labor and IndustrialRelations to Engrossed Senate Bill No. 1002 by Senator Ellington

AMENDMENT NO. 1

On page 1, line 5, change "over issuance" to "overissuance"

AMENDMENT NO. 2

On page 2, line 1, after "over" insert a hyphen "-"

AMENDMENT NO. 3

On page 2, line 17, after "Services" delete the comma ","

AMENDMENT NO. 4

On page 2, line 22, change "over issuance" to "overissuance"

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AMENDMENT NO. 5

On page 2, line 25, change "over issuance" to "overissuance"

AMENDMENT NO. 6

On page 3, at the end of line 2, change "stamps over issuance" to"stamp overissuance"

AMENDMENT NO. 7

On page 3, line 7, change "over issuance" to "overissuance"

AMENDMENT NO. 8

On page 3, line 9, after "Subsection" and before the period "." insert"if the administrator also receives confirmation from the LouisianaDepartment of Social Services that there has been an enforceabledetermination of overissuance"

AMENDMENT NO. 9

On page 3, line 13, after "2022(c)(3)(A)" delete the remainder of theline and delete line 14 and insert in lieu thereof a period "."

AMENDMENT NO. 10

On page 3, line 16, after "under" delete "a" and insert in lieu thereof"an enforceable"

AMENDMENT NO. 11

On page 3, line 25, change "over issuance" to "overissuance"

AMENDMENT NO. 12

On page 3, line 26, after "term" delete the comma ","

AMENDMENT NO. 13

On page 3, line 27, after "compensation"" delete the comma ","

Reported with amendments by the Legislative Bureau.

The Legislative Bureau amendments were read as follows:

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Engrossed SenateBill No. 1002 by Senator Ellington

AMENDMENT NO. 1

On page 2, line 27, following "U.S.C." and before "2202(c)(1)" delete"§"

On motion of Rep. Forster, the amendments were adopted.

On motion of Rep. Forster, the bill, as amended, was orderedpassed to its third reading.

Under the rules, placed on the regular calendar.

SENATE BILL NO. 1126—BY SENATOR ELLINGTON AND REPRESENTATIVE FORSTER

AN ACTTo amend and reenact R.S. 23:1035(A), relative to workers'

compensation; to provide with respect to covered employees; toprovide for a limited liability company to elect out of coverage

of workers' compensation laws; and to provide for relatedmatters.

Read by title.

Reported favorably by the Committee on Labor and IndustrialRelations.

Reported without amendments by the Legislative Bureau.

On motion of Rep. Forster, the bill was ordered passed to itsthird reading.

Under the rules, placed on the regular calendar.

SENATE BILL NO. 1127—BY SENATOR ELLINGTON AND REPRESENTATIVE FORSTER

AN ACTTo amend and reenact R.S. 23:1310.3(C) and (E), relative to workers'

compensation; to provide with respect to claim resolution; toprovide for the initiation of claims; and to provide for relatedmatters.

Read by title.

Reported favorably by the Committee on Labor and IndustrialRelations.

Reported without amendments by the Legislative Bureau.

On motion of Rep. Forster, the bill was ordered passed to itsthird reading.

Under the rules, placed on the consent calendar.

SENATE BILL NO. 1169—BY SENATORS HAINKEL, DARDENNE, EWING, BAGNERIS ANDSCHEDLER

AN ACTTo enact R.S. 46:236.10, relative to child support enforcement

services; to establish an employer reporting program for newhires; to provide for penalties; to provide for a state directory ofnew hires; to authorize receipt of such information; to providefor reporting to the national directory of new hires; and toprovide for related matters.

Read by title.

Reported favorably by the Committee on Labor and IndustrialRelations.

Reported without amendments by the Legislative Bureau.

On motion of Rep. Forster, the bill was ordered passed to itsthird reading.

Under the rules, placed on the consent calendar.

SENATE BILL NO. 1322—BY SENATOR JONES

AN ACTTo amend and reenact R.S. 51:2601 and 2602, relative to trade and

commerce; to redesignate the Louisiana Open Housing Act asthe Louisiana Equal Opportunity Act, and to provide for relatedmatters.

Read by title.

Reported favorably by the Committee on Commerce.

Page 11 HOUSE37th Day's Proceedings - May 21, 1997

1883

Reported with amendments by the Legislative Bureau.

The Legislative Bureau amendments were read as follows:

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Engrossed SenateBill No. 1322 by Senator Jones

AMENDMENT NO. 1

On page 1, line 3, following "Equal" insert "Housing"

AMENDMENT NO. 2

On page 2, line 16, following "appropriate" and before "said" change"changes" to "to change"

On motion of Rep. Travis, the amendments were adopted.

On motion of Rep. Travis, the bill, as amended, was orderedpassed to its third reading.

Under the rules, placed on the regular calendar.

SENATE BILL NO. 1395—BY SENATORS CAIN, BARHAM, BRANCH, CASANOVA, GREENE,HAINKEL, JORDAN, SCHEDLER AND SMITH AND REPRESENTATIVESDEWITT, KENNARD, MONTGOMERY, ODINET AND WINDHORST

AN ACTTo amend and reenact Children's Code Art. 622, relative to children;

to provide with respect to placement of child in need of carecases; to establish a preference of placement; and to provide forrelated matters.

Read by title.

Reported with amendments by the Committee on Civil Law andProcedure.

The committee amendments were read as follows:

HOUSE COMMITTEE AMENDMENTS

Amendments proposed by House Committee on Civil Law andProcedure to Reengrossed Senate Bill No. 1395 by Senator Cain, etal.

AMENDMENT NO. 1

On page 1, line 2, change "Art. 622," to "Arts. 622 and 627(A),"

AMENDMENT NO. 2

On page 1, line 4, change "preference" to "priority"

AMENDMENT NO. 3

On page 1, line 6, change "Art. 622 is" to "Arts. 622 and 627(A) are"

AMENDMENT NO. 4

On page 1, line 8, change "Substitute care" to "Rules for placement"

AMENDMENT NO. 5

On page 1, delete lines 9 through 16 in their entirety and insert in lieuthereof the following:

"A.(1) General rule. A child who is taken into custody as achild in need of care shall be placed only in foster care. in the homeof a suitable relative who is of the age of majority and who is willingto assume such care of the child if such placement is in the bestinterest of the child. The following are those relatives to whom careof the child may be entrusted and are listed in the order of priority:

(a) Grandparent.

(b) Aunt or uncle.

(c) Sibling.

(d) Cousin.

(2) Notwithstanding any other provision of law to the contraryand prior to the continued custody hearing required in Article 624,any relative designated in this Paragraph may seek and obtain an exparte court order to take immediate physical custody of the childunder the provisions and requirements of this Paragraph and pendingthe continued custody hearing. The provisions of Code of CivilProcedure Article 3945 are inapplicable to an ex parte order renderedpursuant hereto.

B. Exception. A child shall be placed in a foster care home orfacility approved by the department only if:

(1) No ex parte court order has been rendered pursuant toParagraph A of this Article.

(2) The continued custody hearing has been held, the court hascontinued the child in the custody of the department, and the courthas made a specific finding, by clear and convincing evidence, thatthe placement of the child with a relative seeking physical custody ofthe child is not in the best interest of the child.

C. The department shall supervise the child's placement for theduration of the time the department has custody of the child.

D. In the event that a child is placed with nonrelatives pursuantto Paragraph B of this Article, any suitable relative of the age ofmajority may petition the court for the physical custody of the child.

* * *

Art. 627. Continued custody order

A. Following a hearing, the court may return the child to theparents, continue the child in the custody of the department, or placethe legal custody of the child with a suitable person, preferably arelative. If the court continues the child in the custody of thedepartment and a suitable relative of the child is seeking the physicalcustody of the child, the court shall grant the relative physicalcustody unless the court has made a specific finding, by clear andconvincing evidence, that such placement is not in the best interestof the child. The court shall give specific oral and written reasons forits findings, which shall be made a part of the record of theproceeding. For purposes of this Paragraph, a relative includes anyperson listed in Article 622(A)(1) who shall be given priority in thedesignated order, and also includes any other relative although notincluded in the order of priority.

* * *"

Reported without amendments by the Legislative Bureau.

On motion of Rep. McMains, the amendments were adopted.

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1884

On motion of Rep. McMains, the bill, as amended, was orderedpassed to its third reading.

Under the rules, placed on the regular calendar.

SENATE BILL NO. 1399—BY SENATOR CAMPBELL

AN ACTTo enact R.S. 8:114, relative to publicly owned cemeteries; and to

provide that certain funds be used only for expenses of thecemeteries; to require a local referendum for contrary use ofsuch funds; and to provide for related matters.

Read by title.

Reported favorably by the Committee on Commerce.

Reported without amendments by the Legislative Bureau.

On motion of Rep. Travis, the bill was ordered passed to itsthird reading.

Under the rules, placed on the regular calendar.

SENATE BILL NO. 1435—BY SENATORS DYESS AND HEITMEIER

AN ACTTo amend and reenact R.S. 47:1907 and to repeal R.S. 47:1911;

relative to assessors; to restructure the compensation schedulefor assessors from a combined factor formula to a populationbased formula; and to provide for related matters.

Read by title.

Reported favorably by the Committee on Ways and Means.

Reported with amendments by the Legislative Bureau.

The Legislative Bureau amendments were read as follows:

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by the Legislative Bureau to EngrossedSenate Bill No. 1435 by Senator Heitmeier

AMENDMENT NO. 1

On page 7, line 4, following "H." and before "Notwithstanding" insert"(1)"

On motion of Rep. Alario, the amendments were adopted.

On motion of Rep. Alario, the bill, as amended, was orderedpassed to its third reading.

Under the rules, placed on the regular calendar.

SENATE BILL NO. 1466—BY SENATOR ROMERO

AN ACTTo enact R. S. 45:816(9) and Chapter 8-E of Title 45 of the

Louisiana Revised Statutes of 1950, to be comprised of R.S.45:840 through 844, relative to telephone calls; to provide forcalls placed to inform the public of an emergency; to defineterms; to provide for emergency alert services; to provide forlisted and unlisted telephone numbers; to authorize the use ofautomatic dialing and announcing devices; and to provide forrelated matters.

Read by title.

Reported favorably by the Committee on Commerce.

Reported without amendments by the Legislative Bureau.

On motion of Rep. Travis, the bill was ordered passed to itsthird reading.

Under the rules, placed on the regular calendar.

SENATE BILL NO. 1548 (Substitute for Senate Bill No. 1427by Senator Guidry)—BY SENATOR GUIDRY

AN ACTTo amend and reenact R.S. 40:381 through 382, 391 through 429,

441 through 448, 451 through 476, 478 through 481, 500through 504, 506 through 510, 521 through 524, 531 through539, 561 through 563, and 570 through 572 and to enact R.S.40:383 through 385, 431 through 440, 449 through 450, 477,482 through 490, 504.1, 511 through 520, 525 through 530, 540through 551, 564, and 573 through 580.9, and to repeal R.S.40:401.1 through 401.9, 491 through 499, 531.1, and 566through 569, relative to housing; to provide for the public policyof the state with regard to residential housing; to provide that allcitizens of the state have access to safe and sanitary housingfacilities for rent or purchase; and to provide for related matters.

Read by title.

Reported with amendments by the Committee on Municipal,Parochial and Cultural Affairs.

The committee amendments were read as follows:

HOUSE COMMITTEE AMENDMENTS

Amendments proposed by House Committee on Municipal, Parochialand Cultural Affairs to Reengrossed Senate Bill No. 1548 by SenatorGuidry

AMENDMENT NO. 1

On page 1, line 9, after "569," delete the remainder of the line deletelines 10 through 12 and insert the following:

"relative to housing; to provide relative to the authority of existinglocal housing authorities and the creation of new local housingauthorities; to provide for areas of operation of housing authorities;to provide for the powers and duties of housing authorities includingthe authority: to develop and operate residential, recreational,commercial, and mixed use facilities, to enter various relationshipsand agreements with private and public entities for such developmentand operation, to provide mixed income developments; to provide forcharges and fees; to authorize such authorities to provide and availthemselves of various funding mechanisms; to provide relative to theauthority of such authorities with respect to residents and otherlessors of property within housing developments particularly asregards security; to provide relative to various forms of assistance andother services provided by such authorities and to eligibility forassistance and services; to provide for the governance of housingauthorities including tenant representation, officers, and meetings; toprovide relative to the compensation of housing authoritycommissioners including repeal of certain provisions for per diem; toprovide relative to the applicability of certain other laws to housingauthorities; to provide relative to debt and other obligations andliabilities of authorities; to provide relative to the legal liabilities ofauthorities and their commissioners; to provide relative to the

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1885

Housing Cooperation Law and the Slum Clearance Law; and toprovide for related matters."

AMENDMENT NO. 2

On page 2, line 23, after "safety" insert a comma ","

AMENDMENT NO. 3

On page 5, line 15, after "housing" delete the remainder of the lineand insert "for its residents within safe, livable neighborhoods."

AMENDMENT NO. 4

On page 7, line 26, after "dwellings" delete the comma ","

AMENDMENT NO. 5

On page 7, line 27, after "rehabilitation" delete the comma ","

AMENDMENT NO. 6

On page 8, at the end of line 15, change "content" to "context"

AMENDMENT NO. 7

On page 8, line 23, after "to" delete the comma ","

AMENDMENT NO. 8

On page 9, line 15, after "including" delete the comma ","

AMENDMENT NO. 9

On page 9, line 15, after "to" delete the comma ","

AMENDMENT NO. 10

On page 9, line 20, after "description" delete the comma ","

AMENDMENT NO. 11

On page 9, line 21, after "Chapter" change the comma "," to a semi-colon ";"

AMENDMENT NO. 12

On page 10, at the end of line 17, insert the following:

"For the limited purposes of any reference to the term family orhousehold in this Part, such terms shall also include an elderlyperson, a disabled person, and any other person who may beunmarried or without children."

AMENDMENT NO. 13

On page 10, line 20, between "in" and "dwelling" change "such" to"a"

AMENDMENT NO. 14

On page 10, line 20, between "within" and "dwelling" change "a" to"such"

AMENDMENT NO. 15

On page 10, line 24, after "of" delete the comma ","

AMENDMENT NO. 16

On page 10, line 25, after "to" delete the comma ","

AMENDMENT NO. 17

On page 11, line 25, after "be" delete the comma ","

AMENDMENT NO. 18

On page 11, line 25, after "is" delete the comma ","

AMENDMENT NO. 19

On page 12, line 13, after "to which" change "R.S. 40:384(21)(a)" to"Subparagraph (a) of this Paragraph"

AMENDMENT NO. 20

On page 12, at the end of line 21 delete "R.S." and at the beginningof line 22, change "40:384(21)(c)" to "this Subparagraph"

AMENDMENT NO. 21

On page 13, line 18, change "state-wide" to "statewide"

AMENDMENT NO. 22

On page 14, line 7, change "government" to "governing"

AMENDMENT NO. 23

On page 14, line 12, after "including" delete the comma ","

AMENDMENT NO. 24

On page 14, line 12, after "to" delete the comma ","

AMENDMENT NO. 25

On page 15, line 4, change "enactment thereof," to "effective date ofthe Act which originated as Senate Bill No. 1548 of the 1997 RegularSession of the legislature,"

AMENDMENT NO. 26

On page 15, at the end of line 8, change "employee" to "employees"

AMENDMENT NO. 27

On page 15, line 9, between "employment" and "by" insert "onAugust 15, 1997"

AMENDMENT NO. 28

On page 15, line 10, delete "on August 15, 1997"

AMENDMENT NO. 29

On page 15, line 14, after "state" delete the comma ","

AMENDMENT NO. 30

On page 15, at the end of line 22, delete "that" and at the beginningof line 23 delete "are" and insert "or that such accommodations arenot"

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AMENDMENT NO. 31

On page 16, line 5, after "parish" change "that is" to "or that suchhousing is not"

AMENDMENT NO. 32

On page 16, line 8, after "existence" delete the comma ","

AMENDMENT NO. 33

On page 16, line 21, change "establishing" to "which established"

AMENDMENT NO. 34

On page 18, line 15, after "§397." delete the remainder of the line andinsert "Area of operation of local housing agency established byparish"

AMENDMENT NO. 35

On page 19, line 24, after "designee" delete the comma ","

AMENDMENT NO. 36

On page 20, line 8, after "person" delete the comma ","

AMENDMENT NO. 37

On page 20, line 10, after "include" delete the comma ","

AMENDMENT NO. 38

On page 20, line 10, after "to" delete the comma ","

AMENDMENT NO. 39

On page 20, line 15, before "area" delete "such"

AMENDMENT NO. 40

On page 20, line 20, after "commissioners" insert a period "." anddelete "in office from time to time."

AMENDMENT NO. 41

On page 21, line 19, after "extent" change "such" to "a"

AMENDMENT NO. 42

On page 22, line 13, after "property" delete the comma ","

AMENDMENT NO. 43

On page 34, line 5, after "include" delete the comma ","

AMENDMENT NO. 44

On page 34, line 5, after "to" delete the comma ","

AMENDMENT NO. 45

On page 35, line 19, after "controlled" delete the comma "," andinsert "by the agency,"

AMENDMENT NO. 46

On page 35, line 25, after "include" delete the comma ","

AMENDMENT NO. 47

On page 35, line 25, after "to" delete the comma ","

AMENDMENT NO. 48

On page 36, line 7, after "conditions" delete the comma ","

AMENDMENT NO. 49

On page 36, line 8, after "obligations" delete the comma ","

AMENDMENT NO. 50

On page 37, line 26, after "invest" delete the comma ","

AMENDMENT NO. 51

On page 37, line 26, after "invested" delete the comma ","

AMENDMENT NO. 52

On page 38, line 8, after "discretion" insert a comma ","

AMENDMENT NO. 53

On page 39, line 24, after "accommodations" delete the comma ","

AMENDMENT NO. 54

On page 40, line 26, after "owned" insert a comma ","

AMENDMENT NO. 55

On page 42, line 24, after "to" delete the comma ","

AMENDMENT NO. 56

On page 43, line 21, after "property" delete the comma ","

AMENDMENT NO. 57

On page 43, line 22, after "therein" delete the comma ","

AMENDMENT NO. 58

On page 43, line 22, between "with" and "public" insert "or without"

AMENDMENT NO. 59

On page 45, line 7, after "private" insert a comma ","

AMENDMENT NO. 60

On page 46, line 1, after "appropriate" insert a comma ","

AMENDMENT NO. 61

On page 46, line 1, after "including" delete the comma ","

AMENDMENT NO. 62

On page 46, line 2, after "limitation" delete the comma ","

AMENDMENT NO. 63

On page 48, line 13, between "income" and "defined" insert "as"

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1887

AMENDMENT NO. 64

On page 48, line 25, between "Subsection" and "impose" insert"charge such fees and"

AMENDMENT NO. 65

On page 49, line 7, after "Forgiveness" change "of" to "or"

AMENDMENT NO. 66

On page 50, line 16, after "companies" delete the comma ","

AMENDMENT NO. 67

On page 51, at the beginning of line 17, insert "collect fees or"

AMENDMENT NO. 68

On page 51, between lines 18 and 19, insert the following:

"(5) Move residents from welfare to work. An agency shalldevelop initiatives to accomplish this goal and may expend funds tosupport such initiatives."

AMENDMENT NO. 69

On page 52, line 14, after "state" delete "or" and insert a comma ","

AMENDMENT NO. 70

On page 52, line 15, after "government" delete the comma ","

AMENDMENT NO. 71

On page 52, line 18, after "bonds" and before "taxes," insert "specialfees or"

AMENDMENT NO. 72

On page 53, line 8, after "Chapter" delete the comma ","

AMENDMENT NO. 73

On page 56, line 6, after "limitation" delete the comma ","

AMENDMENT NO. 74

On page 64, line 20, after "rents" and before "to be" insert "and fees"

AMENDMENT NO. 75

On page 64, line 22, after "rents" and before "and" insert a comma ","and insert "fees,"

AMENDMENT NO. 76

On page 72, between lines 10 and 11, insert the following:

"§480. Taxability of bonds and other debt instruments

All bonds, notes, certificates, and other instruments evidencingindebtedness of a housing agency or any subsidiary thereof orconveying an equity participation in any development of a localhousing agency or any subsidiary thereof are deemed to be issued foran essential public and governmental purpose and shall be free oftaxation of any kind by this state and its public agencies unless theagency issuing such bonds, notes, certificates, or other instrumentsshall elect that they be taxable. Any such election shall apply only to

the specific issue of bonds, notes, certificates, or other instrumentswith respect to which such election is expressly made."

AMENDMENT NO. 77

On page 73, line 23, after "income" insert a comma ","

AMENDMENT NO. 78

On page 74, line 23, after "to" delete the comma ","

AMENDMENT NO. 79

On page 75, line 7, after "Section" delete the comma ","

AMENDMENT NO. 80

On page 75, line 22, after "eligibility" change "or" to "of"

AMENDMENT NO. 81

On page 78, line 19, after "history" delete the comma ","

AMENDMENT NO. 82

On page 78, line 21, after "convictions" insert a comma ","

AMENDMENT NO. 83

On page 79, line 7, after "size" delete the comma ","

AMENDMENT NO. 84

On page 79, line 13, after "regulations" delete the comma ","

AMENDMENT NO. 85

On page 81, line 16, after "household" delete the comma ","

AMENDMENT NO. 86

On page 81, line 23, after "fraud" delete the comma ","

AMENDMENT NO. 87

On page 82, line 8, after "assistance" change "that" to "whichtermination"

AMENDMENT NO. 88

On page 83, line 25, after "not" insert "any of the following:"

AMENDMENT NO. 89

On page 88, delete lines 6 through 12 and insert the following:

"Notwithstanding that a housing agency has failed or refused to agreeto indemnify a representative, it shall indemnify any representativeagainst reasonable expenses incurred by him in connection with anyproceeding if the representative is wholly successful, on the merits,in the defense of the proceeding to which he was a party because hewas a representative of the housing agency."

AMENDMENT NO. 90

On page 88, line 26, after "made" delete the remainder of the line andinsert a colon ":"

Page 16 HOUSE37th Day's Proceedings - May 21, 1997

1888

AMENDMENT NO. 91

On page 88, line 27, after "(1)" change "A" to "By"

AMENDMENT NO. 92

On page 89, line 3, between "Subsection" and "a" insert a comma ","and insert "by"

AMENDMENT NO. 93

On page 89, line 8, change "Special" to "By special"

AMENDMENT NO. 94

On page 91, line 17, after "ordinances" insert a comma ","

AMENDMENT NO. 95

On page 91, line 18, after "development" insert a comma ","

AMENDMENT NO. 96

On page 91, line 20, after "ordinances" insert a comma ","

AMENDMENT NO. 97

On page 94, line 9, between "agency" and "who" insert "and"

AMENDMENT NO. 98

On page 94, line 12, after "relates" delete the comma ","

AMENDMENT NO. 99

On page 95, at the beginning of line 15, insert "A."

AMENDMENT NO. 100

On page 95, between lines 21 and 22, insert the following:

"B. In municipalities with populations of four hundred seventy-five thousand or more, the governing authority of the housingauthority shall consist of seven commissioners, at least two of whomshall be tenants of the housing authority. The commissioners shall beappointed by the mayor of the municipality and shall serve termsconcurrent with that of the mayor. The tenant commissioners shallbe chosen from a list of names submitted to the mayor by theCitywide Tenants Council, Inc., of the housing authority. Thenumber of names submitted shall be three for each vacancy to befilled by a tenant commissioner. Vacancies shall be filled for theunexpired term.

C. In parishes with populations of more than four hundredthousand but less than five hundred thousand and not havingboundaries coterminous with a single city, the governing authority ofthe housing authority shall consist of nine commissioners. Seven ofthe commissioners shall be appointed by the governing body of theparish. One of such commissioners shall be appointed by the chiefexecutive officer of the parish. One of such commissioners shall bea tenant member of the Marrero Tenants Organization and shall beappointed by the governing authority of said organization."

AMENDMENT NO. 101

On page 96, delete lines 6 through 9 and insert the following:

"Any vacancy in an unexpired term shall be filled for the remainderof the term. Vacancies shall be filled by the same authority and in thesame manner as the original appointment."

AMENDMENT NO. 102

On page 96, line 14, change "making or confirming" to "of themunicipality or parish making"

AMENDMENT NO. 103

On page 107, between lines 9 and 10, insert the following:

"§549. Legal Construction

This Chapter shall be construed liberally to effect the charitableand public purposes thereof."

AMENDMENT NO. 104

On page 107, line 12, after "Chapter" delete the comma ","

AMENDMENT NO. 105

On page 107, line 13, after "circumstances" delete the comma ","

AMENDMENT NO. 106

On page 107, line 14, after "Chapter" delete the comma ","

AMENDMENT NO. 107

On page 107, line 15, after "circumstances" delete the comma ","

Reported with amendments by the Legislative Bureau.

The Legislative Bureau amendments were read as follows:

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Reengrossed SenateBill No. 1548 by Senator Guidry

AMENDMENT NO. 1

On page 39, line 6, following "used" and before the end of the lineinsert "in"

On motion of Rep. Weston, the amendments were adopted.

On motion of Rep. Weston, the bill, as amended, was orderedpassed to its third reading.

Under the rules, placed on the regular calendar.

Suspension of the Rules

On motion of Rep. Barton, the rules were suspended in order totake up House Bills and Joint Resolutions returned from the Senatewith amendments at this time.

House Bills and Joint ResolutionsReturned from the Senate with Amendments

The following House Bills and Joint Resolutions returned fromthe Senate with amendments were taken up and acted upon asfollows:

Page 17 HOUSE37th Day's Proceedings - May 21, 1997

1889

HOUSE BILL NO. 598—BY REPRESENTATIVE BARTON

AN ACTTo amend and reenact R.S. 17:2007(A) and (D), 2050, and 3217 and

to enact Part III-B of Chapter 5 of Title 17 of the LouisianaRevised Statutes of 1950, to be comprised of R.S. 17:1825,relative to public higher education; to recognize Bossier ParishCommunity College as a two-year institution of highereducation; to transfer Bossier Parish Community College fromthe Bossier Parish School Board to the Board of Trustees forState Colleges and Universities; to provide for the supervisionand management of the community college by the Board ofTrustees for State Colleges and Universities; to provide withregard to the students, faculty, employees, funds, obligations,programs, and functions of Bossier Parish Community College;to provide with regard to the lands, buildings andimprovements, facilities, and other property of Bossier ParishCommunity College; to provide relative to the composition ofthe University of Louisiana system; to provide for effectiveness;and to provide for related matters.

Read by title.

The above bill was taken up with the amendments proposed bythe Senate.

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Engrossed HouseBill No. 598 by Representative Barton

AMENDMENT NO. 1

On page 5, line 9, following "Education" and before "a" change"establish" to "established"

AMENDMENT NO. 2

On page 6, line 14, following "of" and before "D(2)" change"Subsection" to "Subparagraph"

Rep. Barton moved that the amendments proposed by the Senatebe concurred in.

ROLL CALL

The roll was called with the following result:YEAS

Mr. Speaker Fruge PowellAlario Glover PrattAlexander, A.—93rd Green QuezaireAnsardi Guillory RiddleBarton Hammett RomeroBaudoin Heaton RousselleBaylor Hebert SalterBowler Holden ScaliseBrun Hopkins SchneiderBruneau Hudson ShawCarter Hunter Smith, J.D.—50thChaisson Iles Smith, J.R.—30thClarkson Jenkins StellyCopelin Jetson StrainCrane Johns TheriotCurtis Kenney ThomasDamico Landrieu ThompsonDaniel LeBlanc ThornhillDeville Long ToomyDeWitt Martiny Travis

Diez McCain VitterDimos McCallum WalsworthDoerge McDonald WarnerDonelon McMains WelchDupre Michot WestonDurand Mitchell WigginsFarve Montgomery WilkersonFaucheux Morrish Willard-LewisFlavin Murray WindhorstFontenot Odinet WinstonForster Pierre WrightFrith Pinac Total—95

NAYS

Total—0ABSENT

Alexander, R.—13th Kennard PerkinsBruce Lancaster TricheGautreaux MarionneauxHill Morrell Total—10

The amendments proposed by the Senate were concurred in bythe House.

House Bills and Joint Resolutions onThird Reading and Final Passage

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

Regular Calendar

HOUSE BILL NO. 2506 (Substitute for House Bill No. 1509 byRepresentative Dimos) —BY REPRESENTATIVE DIMOS

AN ACTTo enact R.S. 9:5217, relative to mortgages; to provide for uniform

fees for filing multiple indebtedness mortgages; to provide forrequirements as to form; and to provide for related matters.

Read by title.

Rep. Dimos moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Gautreaux PierreAlario Glover PinacAlexander, A.—93rd Green PowellAlexander, R.—13th Guillory PrattAnsardi Hammett QuezaireBarton Heaton RiddleBaudoin Hebert RomeroBaylor Hill RousselleBowler Holden SalterBruce Hopkins ScaliseBrun Hudson SchneiderBruneau Hunter ShawCarter Iles Smith, J.D.—50thChaisson Jenkins Smith, J.R.—30thClarkson Jetson Stelly

Page 18 HOUSE37th Day's Proceedings - May 21, 1997

1890

Copelin Johns StrainCrane Kenney TheriotCurtis Lancaster ThomasDamico Landrieu ThompsonDaniel LeBlanc ThornhillDeville Long ToomyDeWitt Marionneaux TravisDiez Martiny VitterDimos McCallum WalsworthDoerge McDonald WarnerDonelon McMains WelchDupre Michot WestonFarve Mitchell WigginsFaucheux Montgomery WilkersonFlavin Morrell Willard-LewisFontenot Morrish WindhorstForster Murray WinstonFrith Odinet WrightFruge Perkins Total—101

NAYS

Total—0ABSENT

Durand McCainKennard Triche Total—4

The Chair declared the above bill, having received a two-thirdsvote of the elected members, was finally passed.

The title of the above bill was read and adopted.

Rep. Dimos moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 303—BY REPRESENTATIVES DOWNER, BRUCE, DUPRE, KENNARD, ANDROMERO

AN ACTTo enact R.S. 14:222.2, relative to the counterfeiting of cellular

telephones; to create the crime of cellular telephonecounterfeiting; to provide for definitions; to provide forpenalties; and to provide for related matters.

Read by title.Motion

On motion of Rep. Windhorst, the bill was returned to thecalendar subject to call.

HOUSE BILL NO. 577—BY REPRESENTATIVE WILKERSON

AN ACTTo enact R.S. 46:460.4, relative to the Temporary Assistance for

Needy Families Block Grant; to permit teen parents to liveoutside an adult- supervised living arrangement in cases ofabuse; to authorize the secretary of the Department of SocialServices to temporarily exempt from the work participationrequirements a female recipient when sufficient evidence ofdomestic violence is presented; to authorize the secretary of theDepartment of Social Services to apply for waivers andpromulgate necessary rules and regulations; and to provide forrelated matters.

Read by title.

Rep. Wilkerson moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Glover PierreAlario Green PinacAlexander, A.—93rd Guillory PowellAnsardi Hammett PrattBarton Heaton QuezaireBaudoin Hebert RiddleBaylor Hill RomeroBowler Holden RousselleBruce Hopkins SalterBrun Hudson ScaliseBruneau Hunter SchneiderCarter Iles ShawChaisson Jenkins Smith, J.D.—50thCopelin Jetson Smith, J.R.—30thCrane Kenney StellyCurtis Lancaster StrainDamico Landrieu TheriotDaniel LeBlanc ThomasDeville Long ThompsonDeWitt Marionneaux ThornhillDiez Martiny ToomyDimos McCain TravisDoerge McCallum VitterDonelon McDonald WalsworthDupre McMains WarnerDurand Michot WelchFarve Mitchell WigginsFaucheux Montgomery WilkersonFlavin Morrell Willard-LewisFontenot Morrish WindhorstForster Murray WinstonFrith Odinet WrightFruge Perkins Total—98

NAYS

Total—0ABSENT

Alexander, R.—13th Johns WestonClarkson KennardGautreaux Triche Total—7

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Wilkerson moved to reconsider the vote by which theabove bill was finally passed, and, on her own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 616—BY REPRESENTATIVES ANSARDI, MARTINY, AND THORNHILL

AN ACTTo amend and reenact R.S. 22:253(B) and 1212(C), to enact R.S.

22:253(D), and to repeal R.S. 22:1220(E), relative to funeralpolicies and burial insurers; to provide for required benefitsunder a funeral policy; to provide relative to burial insurers andunfair trade practices; to provide relative to burial insurers andthe requirements of good faith claims settlement practices; andto provide for related matters.

Read by title.

Page 19 HOUSE37th Day's Proceedings - May 21, 1997

1891

Rep. Dimos, on behalf of the Legislative Bureau, sent up flooramendments which were read as follows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Dimos on behalf of theLegislative Bureau to Engrossed House Bill No. 616 byRepresentative Ansardi

AMENDMENT NO. 1

On page 1, line 17, following "after" delete the remainder of the lineand insert "January 1, 1978."

On motion of Rep. Dimos, the amendments were adopted.

Rep. Ansardi sent up floor amendments which were read asfollows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Ansardi to EngrossedHouse Bill No. 616 by Representatives Ansardi, Martiny, andThornhill

AMENDMENT NO. 1

On page 2, line 16, after "midnight" delete the remainder of the lineand insert in lieu thereof "July 31, 1997."

On motion of Rep. Ansardi, the amendments were adopted.

Rep. Ansardi moved the final passage of the bill, as amended.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Gautreaux OdinetAlario Glover PerkinsAlexander, A.—93rd Green PierreAlexander, R.—13th Guillory PinacAnsardi Hammett PowellBarton Heaton PrattBaudoin Hebert QuezaireBaylor Hill RiddleBowler Holden RomeroBrun Hopkins RousselleCarter Hudson SalterChaisson Hunter ScaliseClarkson Iles ShawCopelin Jenkins Smith, J.D.—50thCurtis Jetson Smith, J.R.—30thDamico Johns StellyDaniel Kennard StrainDeville Kenney TheriotDeWitt Lancaster ThomasDiez Landrieu ThompsonDimos Long ThornhillDoerge Marionneaux ToomyDonelon Martiny TravisDupre McCain VitterDurand McCallum WalsworthFarve McDonald WarnerFaucheux McMains WigginsFlavin Michot WilkersonFontenot Mitchell Willard-Lewis

Forster Morrell WindhorstFrith Morrish WinstonFruge Murray Wright Total—96

NAYS

Bruneau Crane LeBlanc Total—3

ABSENT

Bruce Schneider WelchMontgomery Triche Weston Total—6

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Ansardi moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 303—BY REPRESENTATIVES DOWNER, BRUCE, DUPRE, KENNARD, ANDROMERO

AN ACTTo enact R.S. 14:222.2, relative to the counterfeiting of cellular

telephones; to create the crime of cellular telephonecounterfeiting; to provide for definitions; to provide forpenalties; and to provide for related matters.

Called from the calendar.

Read by title.

Rep. Windhorst moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Fruge OdinetAlario Glover PerkinsAlexander, A.—93rd Green PierreAlexander, R.—13th Guillory PinacAnsardi Hammett PowellBarton Heaton PrattBaudoin Hebert QuezaireBaylor Hill RiddleBowler Holden RomeroBruce Hopkins RousselleBrun Hudson SalterBruneau Hunter ScaliseCarter Iles SchneiderChaisson Jenkins ShawClarkson Jetson Smith, J.D.—50thCopelin Johns Smith, J.R.—30thCrane Kennard StellyCurtis Kenney StrainDamico Lancaster TheriotDaniel Landrieu ThomasDeville LeBlanc ThompsonDeWitt Long ThornhillDiez Marionneaux ToomyDimos Martiny TravisDoerge McCain VitterDonelon McCallum Warner

Page 20 HOUSE37th Day's Proceedings - May 21, 1997

1892

Dupre McDonald WelchDurand McMains WestonFarve Michot WigginsFaucheux Mitchell WilkersonFlavin Montgomery Willard-LewisFontenot Morrell WindhorstForster Morrish WinstonFrith Murray Wright Total—102

NAYS

Total—0ABSENT

Gautreaux Triche Walsworth Total—3

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Windhorst moved to reconsider the vote by which theabove bill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 757—BY REPRESENTATIVE RIDDLE

AN ACTTo amend and reenact R.S. 37:2802(A) and (C), relative to the

Louisiana Board of Chiropractic Examiners; to provide for theappointment of board members; to provide for the qualificationsof board members; to provide for the procedure for the filling ofvacancies on the board; and to provide for related matters.

Read by title.

Rep. Riddle sent up floor amendments which were read asfollows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Riddle to Engrossed HouseBill No. 757 by Representative Riddle

AMENDMENT NO. 1

On page 1, line 16, after "in" and before the period "." change "R.S.37:2802(C)" to "Subsection C of this Section"

On motion of Rep. Riddle, the amendments were adopted.

Rep. Wiggins sent up floor amendments which were read asfollows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Wiggins to EngrossedHouse Bill No. 757 by Representative Riddle

AMENDMENT NO. 1

On page 1, line 16, change "R.S. 37:2802(C)" to "Subsection C ofthis Section"

AMENDMENT NO. 2

On page 2, line 21, after "of the" and before "shall" delete "state," andinsert "applicable congressional district,"

AMENDMENT NO. 3

On page 3, line 1, after "in the" and before "an appropriate" delete"state," and insert "applicable congressional district,"

AMENDMENT NO. 4

On page 3, line 4, after "three" and before "for" delete "persons" andinsert "licensed chiropractor who is a resident of the applicablecongressional district"

AMENDMENT NO. 5

On page 3, between lines 18 and 19, insert the following:

"(d) After the appointment of successors of members of theboard in office on the effective date of this Subparagraph, anyvacancy on the board shall be filled by a licensed chiropractor whois a resident of the congressional district from which the prior boardmember was nominated.

(3)(a) The successor of the member whose term expires July 31,1997, shall be appointed from nominations of the chiropractorsresiding in the Sixth Congressional District.

(b) The successor of the member whose term expires July 31,1998, shall be appointed from nominations of the chiropractorsresiding in the First Congressional District.

(c) The successor of the member whose term expires September2, 1998, shall be appointed from nominations of the chiropractorsresiding in the Fifth Congressional District.

(d) The successors of the three members whose terms expireJuly 31, 1999, shall be appointed respectively from nominations ofthe chiropractors residing in the Seventh Congressional District, theFourth Congressional District, and the Third Congressional District.

(e) The successor of the member whose term expires July 31,2000, shall be appointed from nominations of the chiropractorsresiding in the Second Congressional District."

AMENDMENT NO. 6

On page 3, at the end of line 23, add the following:

"Notwithstanding the provisions of R.S. 37:2802(C)(2)(c) to thecontrary, nominations by mail ballot for the successor of the memberwhose term expires on July 31, 1997, shall be made no later thansixty days after the effective date of this Act.

Section 3. This Act shall become effective upon signature bythe governor or, if not signed by the governor, upon expiration of thetime for bills to become law without signature by the governor, asprovided in Article III, Section 18 of the Constitution of Louisiana.If vetoed by the governor and subsequently approved by thelegislature, this Act shall become effective on the day following suchapproval."

Rep. Wiggins moved the adoption of the amendments.

Rep. Riddle objected.

A record vote was asked for and ordered by the House.

ROLL CALL

The roll was called with the following result:

Page 21 HOUSE37th Day's Proceedings - May 21, 1997

1893

YEAS

Alario Glover OdinetAlexander, A.—93rd Green PrattAnsardi Guillory QuezaireBaylor Heaton RousselleBowler Hill SalterBruce Holden ScaliseCarter Hunter SchneiderClarkson Iles ShawCopelin Kennard Smith, J.R.—30thCurtis Kenney StrainDamico Lancaster TheriotDeWitt Long ThomasDiez Marionneaux ThompsonDoerge Martiny ToomyDonelon McCain TravisFarve McCallum VitterFaucheux Michot WarnerFontenot Montgomery WigginsFrith Morrell Willard-LewisFruge Murray Total—59

NAYS

Mr. Speaker Forster PinacAlexander, R.—13th Gautreaux PowellBarton Hammett RiddleBaudoin Hebert RomeroBrun Hopkins Smith, J.D.—50thBruneau Jenkins StellyChaisson Jetson ThornhillCrane Johns WalsworthDaniel Landrieu WelchDeville LeBlanc WestonDimos McDonald WilkersonDupre McMains WindhorstDurand Morrish WinstonFlavin Perkins Wright Total—42

ABSENT

Hudson PierreMitchell Triche Total—4

The amendments were adopted.

Suspension of the Rules

On motion of Rep. Wilkerson, and under a suspension of therules, the above roll call was corrected to reflect her as voting nay.

Rep. Ansardi sent up floor amendments which were read asfollows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Ansardi to EngrossedHouse Bill No. 757 by Representative Riddle

AMENDMENT NO. 1

On page 3, line 4, after "nominate" and before "for" change "threepersons" to "one person"

AMENDMENT NO. 2

On page 3, line 11, after "list" and before "in order" change "threenominees" to "one nominee"

AMENDMENT NO. 3

On page 3, at the end of line 12, change "three" to "one"

AMENDMENT NO. 4

On page 3, at the beginning of line 13, change "nominees" to"nominee"

Rep. Ansardi moved the adoption of the amendments.

Rep. Riddle objected.

A record vote was asked for and ordered by the House.

ROLL CALL

The roll was called with the following result:

YEAS

Alario Glover PierreAlexander, A.—93rd Green QuezaireAnsardi Guillory RousselleBaylor Heaton SalterBowler Hebert ScaliseBruce Hill ShawBruneau Hunter Smith, J.R.—30thCarter Iles StellyClarkson Kenney StrainCopelin Lancaster TheriotCurtis LeBlanc ThomasDamico Long ThompsonDeWitt Marionneaux ToomyDiez Martiny TravisDoerge McCain VitterDonelon McCallum WigginsDurand Michot WilkersonFarve Montgomery Willard-LewisFaucheux Morrell WrightFontenot MurrayFrith Odinet Total—61

NAYS

Mr. Speaker Hammett PrattBarton Holden RiddleBaudoin Hopkins RomeroBrun Jenkins SchneiderChaisson Jetson Smith, J.D.—50thCrane Johns ThornhillDaniel Kennard WalsworthDeville Landrieu WarnerDimos McDonald WelchDupre McMains WestonFlavin Morrish WindhorstForster Perkins WinstonFruge PinacGautreaux Powell Total—40

ABSENT

Alexander, R.—13th MitchellHudson Triche Total—4

Page 22 HOUSE37th Day's Proceedings - May 21, 1997

1894

The amendments were adopted.

Rep. Riddle moved the final passage of the bill, as amended.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Frith OdinetAlario Fruge PerkinsAlexander, A.—93rd Gautreaux PierreAnsardi Glover PinacBarton Green PowellBaudoin Guillory PrattBaylor Heaton QuezaireBowler Hebert RiddleBruce Hill RomeroBrun Holden RousselleBruneau Hopkins SalterCarter Hudson ScaliseChaisson Hunter SchneiderClarkson Iles Smith, J.R.—30thCopelin Jenkins StellyCrane Jetson StrainCurtis Johns TheriotDamico Kenney ThomasDaniel Lancaster ThompsonDeville LeBlanc ThornhillDeWitt Long ToomyDimos Marionneaux VitterDoerge Martiny WalsworthDonelon McCain WarnerDupre McCallum WelchDurand McDonald WestonFarve McMains WigginsFaucheux Michot WilkersonFlavin Montgomery Willard-LewisFontenot Morrell WindhorstForster Murray Wright Total—93

NAYS

Diez Landrieu Smith, J.D.—50thHammett Morrish TravisKennard Shaw Winston Total—9

ABSENT

Alexander, R.—13th Mitchell Triche Total—3

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Riddle moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 763—BY REPRESENTATIVES THOMPSON AND DUPRE

AN ACTTo amend and reenact R.S. 14:95(G), relative to the crime of illegal

carrying of weapons; to provide with respect to the carrying ofconcealed weapons by certain active and retired federal lawenforcement officers; and to provide for related matters.

Read by title.

Motion

Rep. Copelin moved that the bill be returned to the calendarsubject to call.

Rep. Thompson objected.

By a vote of 43 yeas and 40 nays, the House agreed to return thebill to the calendar.

HOUSE BILL NO. 774—BY REPRESENTATIVE WILKERSON

AN ACTTo enact R.S. 46:460.4, relative to the Incentive Award Program; to

require the Department of Social Services in consultation withthe Department of Education to develop and implement theaward program; to require the department in developing theprogram to define the standards to be used to measure progress;to develop the procedure to be used to collect relevant data; torequire the compilation of relevant data into an annual progressreport which ranks the parishes according to progress made inthe past year; to provide for the delivery of such report; and toprovide for at least ten parishes that will be eligible for theaward; to provide for distribution of the financial award; toprovide for allowable uses of the award; to condition the awardupon the receipt of federal bonus award funds by the stateprovided for in federal welfare reform legislation; and to providefor related matters.

Read by title.

Rep. Wilkerson sent up floor amendments which were read asfollows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Wilkerson to EngrossedHouse Bill No. 774 by Representative Wilkerson

AMENDMENT NO. 1

On page 2, line 24, after "ten" delete the remainder of the line anddelete line 25 and 26 and insert in lieu thereof "parish schoolsystems."

AMENDMENT NO. 2

On page 3, line 1, after "expended by" delete the remainder of theline.

On motion of Rep. Wilkerson, the amendments were adopted.

Rep. Wilkerson moved the final passage of the bill, as amended.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Fruge PierreAlario Gautreaux PinacAlexander, A.—93rd Glover PowellAlexander, R.—13th Green PrattAnsardi Guillory QuezaireBarton Hammett RiddleBaudoin Heaton Romero

Page 23 HOUSE37th Day's Proceedings - May 21, 1997

1895

Baylor Hill RousselleBowler Holden SalterBruce Hopkins ScaliseBrun Hudson SchneiderBruneau Hunter ShawCarter Iles Smith, J.D.—50thChaisson Jenkins Smith, J.R.—30thClarkson Jetson StellyCopelin Johns StrainCrane Kennard TheriotCurtis Kenney ThomasDamico Lancaster ThompsonDaniel Landrieu ThornhillDeville LeBlanc ToomyDeWitt Long TravisDiez Marionneaux VitterDimos Martiny WalsworthDoerge McCain WarnerDonelon McCallum WestonDupre McDonald WigginsDurand McMains WilkersonFarve Michot Willard-LewisFaucheux Mitchell WindhorstFlavin Montgomery WinstonFontenot Morrish WrightForster OdinetFrith Perkins Total—100

NAYS

Total—0ABSENT

Hebert Murray WelchMorrell Triche Total—5

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Wilkerson moved to reconsider the vote by which theabove bill was finally passed, and, on her own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 1159—BY REPRESENTATIVE WELCH

AN ACTTo amend and reenact R.S. 40:2116.34(A)(10), relative to minimum

standards for home health agencies; to provide for qualificationsof administrators of home health agencies; and to provide forrelated matters.

Read by title.

Rep. Welch sent up floor amendments which were read asfollows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Welch to Engrossed HouseBill No. 1159 by Representative Welch

AMENDMENT NO. 1

On page 1, line 14, after "writing" delete "and" and insert a comma","

AMENDMENT NO. 2

On page 2, line 1, after "operation" delete "and" and insert a comma","

AMENDMENT NO. 3

On page 2, line 2, after "service" insert a comma ","

AMENDMENT NO. 4

On page 2, at the end of line 2, after "who" and before the semicolon":" delete "is" and insert in lieu thereof "meets one of the followingconditions"

AMENDMENT NO. 5

On page 2, at the beginning of line 3, after "(a)" delete "A" and insertin lieu thereof "Is a"

AMENDMENT NO. 6

On page 2, at the end of line 3, after "physician" delete the remainderof the line and insert a period "."

AMENDMENT NO. 7

On page 2, at the beginning of line 4, after "(b)" delete "A" and insertin lieu thereof "Is a"

AMENDMENT NO. 8

On page 2, at the end of line 4, after "nurse" delete the remainder ofthe line and insert a period "."

AMENDMENT NO. 9

On page 2, at the beginning of line 5, after "(c)" delete "A" and insertin lieu thereof "Is a"

AMENDMENT NO. 10

On page 2, at the end of line 5, after "degree" delete the remainder ofthe line and insert a period "."

AMENDMENT NO. 11

On page 2, at the end of line 7, after "service" delete the remainder ofthe line and insert a period "."

AMENDMENT NO. 12

On page 2, at the end of line 10, after "service" delete the remainderof the line and insert a period "."

On motion of Rep. Welch, the amendments were adopted.

Rep. Welch sent up floor amendments which were read asfollows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Welch to Engrossed HouseBill No. 1159 by Representative Welch

AMENDMENT NO. 1

On page 2, line 8, after "degree" delete the remainder of the line,delete lines 9 and 10 in their entirety and insert a period "."

Page 24 HOUSE37th Day's Proceedings - May 21, 1997

1896

AMENDMENT NO. 2

On page 2, line 11, change "ten" to "six"

AMENDMENT NO. 3

On page 2, line 12, after "in a" and before "setting" delete"professional" and insert in lieu thereof "governmental or corporate"

AMENDMENT NO. 4

On page 2, line 13, after "service" and before the period "." insert acomma "," and "having supervised at least twenty employees andhandled administration of the daily operations of the organization,including the budget process"

AMENDMENT NO. 5

On page 2, line 13, after the period "." insert "Such person shall haveheld no more than three positions in said six-year time period."

On motion of Rep. Welch, the amendments were adopted.

Rep. Welch moved the final passage of the bill, as amended.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Fruge OdinetAlario Gautreaux PerkinsAlexander, A.—93rd Glover PierreAlexander, R.—13th Green PinacAnsardi Guillory PowellBarton Hammett PrattBaudoin Heaton QuezaireBaylor Hebert RiddleBowler Hill RomeroBruce Holden RousselleBrun Hopkins SalterBruneau Hudson ScaliseCarter Hunter SchneiderChaisson Iles ShawClarkson Jenkins Smith, J.D.—50thCopelin Jetson Smith, J.R.—30thCrane Johns StrainCurtis Kennard TheriotDamico Kenney ThomasDaniel Lancaster ThompsonDeville Landrieu ThornhillDeWitt LeBlanc ToomyDiez Long TravisDimos Marionneaux VitterDoerge Martiny WalsworthDonelon McCain WarnerDupre McCallum WelchDurand McDonald WestonFarve McMains WigginsFaucheux Michot WilkersonFlavin Montgomery Willard-LewisFontenot Morrell WindhorstForster Morrish WinstonFrith Murray Wright Total—102

NAYS

Total—0

ABSENT

Mitchell Stelly Triche Total—3

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Welch moved to reconsider the vote by which the abovebill was finally passed, and, on her own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 1271—BY REPRESENTATIVE WALSWORTH

AN ACTTo enact R.S. 14:95(I), relative to the crime of illegal carrying of

weapons; to provide with respect to the ownership and carryingof "rescue knives" by commissioned law enforcement officers;to provide with respect to the sale of those knives to thoseofficers; to provide with respect to the ownership or possessionof those knifes by merchants; and to provide for related matters.

Read by title.

Motion

On motion of Rep. Walsworth, the bill was returned to thecalendar subject to call.

HOUSE BILL NO. 1377—BY REPRESENTATIVES DOWNER AND WINDHORST

AN ACTTo enact Chapter 6-A of Title 15 of the Louisiana Revised Statutes

of 1950, to be comprised of R.S. 15:601 through 620, relativeto DNA testing of certain criminal defendants; to establish DNAdatabases and data banks of DNA samples; to provide fordefinitions; to provide for powers and duties of state police; toprovide for compatibility with the Federal Bureau ofInvestigation; to provide for instances where DNA samples aretaken; to provide for certain procedures; to provide forimposition of costs; to provide for confidentiality; to provide forremoval of records and destruction of samples; to create a DNAdetection fund and provide for uses of monies in the fund; andto provide for related matters.

Read by title.

Motion

On motion of Rep. McMains, the bill was returned to thecalendar subject to call.

HOUSE BILL NO. 1383—BY REPRESENTATIVE JOHNS

AN ACTTo amend and reenact R.S. 14:95(H), relative to the crime of illegal

carrying of weapons and exceptions thereto; to authorize justicesof the peace and constables to carry concealed handguns; and toprovide for related matters.

Read by title.

Rep. Johns moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:

Page 25 HOUSE37th Day's Proceedings - May 21, 1997

1897

YEAS

Mr. Speaker Frith OdinetAlario Fruge PerkinsAlexander, A.—93rd Gautreaux PinacAlexander, R.—13th Green PowellAnsardi Guillory QuezaireBarton Hammett RiddleBaudoin Heaton RomeroBaylor Hebert RousselleBowler Hill SalterBrun Holden ScaliseBruneau Hopkins SchneiderCarter Hudson ShawChaisson Hunter Smith, J.D.—50thClarkson Iles Smith, J.R.—30thCopelin Jenkins StellyCrane Johns StrainCurtis Kennard TheriotDamico Kenney ThomasDaniel Lancaster ThompsonDeville Landrieu ThornhillDeWitt LeBlanc ToomyDiez Long TravisDimos Marionneaux VitterDoerge Martiny WalsworthDonelon McCallum WarnerDupre McDonald WestonDurand McMains WigginsFarve Michot WilkersonFaucheux Montgomery Willard-LewisFlavin Morrell WindhorstFontenot Morrish WinstonForster Murray Wright Total—96

NAYS

Jetson McCain Pierre Total—3

ABSENT

Bruce Mitchell TricheGlover Pratt Welch Total—6

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Johns moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.

HOUSE BILL NO. 1581—BY REPRESENTATIVE HOLDEN

AN ACTTo enact R.S. 49:953.1, relative to emergency rules; to provide for

restrictions and limitations; to provide for permits; to providefor rights and obligations; and to provide for related matters.

Read by title.

Motion

On motion of Rep. Holden, the bill was returned to the calendarsubject to call.

HOUSE BILL NO. 1859—BY REPRESENTATIVE WINDHORST

AN ACTTo enact R.S. 49:963(E), relative to administrative procedure; to

provide relative to judicial review of rules; to allow certain rulesto be declared invalid; and to provide for related matters.

Read by title.

Rep. Windhorst moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Glover PowellAlario Green PrattAlexander, A.—93rd Guillory QuezaireAlexander, R.—13th Hammett RiddleAnsardi Heaton RomeroBarton Hebert RousselleBaudoin Hill SalterBaylor Holden ScaliseBowler Hopkins SchneiderBruce Hunter ShawBrun Iles Smith, J.D.—50thBruneau Jenkins Smith, J.R.—30thCarter Kennard StellyChaisson Kenney StrainClarkson Lancaster TheriotCopelin Landrieu ThomasCrane LeBlanc ThompsonCurtis Long ThornhillDamico Marionneaux ToomyDaniel Martiny TravisDeville McCain VitterDeWitt McCallum WalsworthDiez McDonald WarnerDimos McMains WelchDoerge Michot WestonDupre Montgomery WigginsDurand Morrell WilkersonFaucheux Morrish Willard-LewisFlavin Murray WindhorstFontenot Odinet WinstonForster Perkins WrightFrith PierreGautreaux Pinac Total—97

NAYS

Total—0ABSENT

Donelon Hudson MitchellFarve Jetson TricheFruge Johns Total—8

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Windhorst moved to reconsider the vote by which theabove bill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

Page 26 HOUSE37th Day's Proceedings - May 21, 1997

1898

HOUSE BILL NO. 1862—BY REPRESENTATIVE R. ALEXANDER

AN ACTTo enact R.S. 46:924.1, relative to charity hospitals; to permit the

refusal of nonemergency treatment or admission of certainindividuals by any state-owned general hospital; and to providefor related matters.

Read by title.

Motion

On motion of Rep. Rodney Alexander, the bill was returned tothe calendar subject to call.

HOUSE BILL NO. 1896—BY REPRESENTATIVE PRATT

AN ACTTo enact R.S. 17:7(22), relative to the powers and duties of the State

Board of Elementary and Secondary Education; to provide forthe development, adoption, and implementation of a pilotprogram in eight elementary schools to departmentalize gradesone through six; to provide relative to participation in suchprogram, including the selection of schools; to require eachparticipating school to study certain outcomes, create a strategicplan, and provide for a daily planning period; to provide forprogram implementation and evaluation; to provide for rulesand regulations; and to provide for related matters.

Read by title.

Rep. Pratt moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Gautreaux PerkinsAlario Glover PierreAlexander, A.—93rd Green PinacAnsardi Guillory PowellBarton Hammett PrattBaudoin Heaton RiddleBaylor Hebert RomeroBowler Hill RousselleBruce Holden SalterBrun Hopkins ScaliseBruneau Hudson SchneiderCarter Hunter ShawChaisson Iles Smith, J.D.—50thClarkson Jenkins Smith, J.R.—30thCopelin Jetson StellyCrane Johns StrainCurtis Kennard TheriotDamico Kenney ThomasDaniel Lancaster ThompsonDeville Landrieu ThornhillDeWitt LeBlanc ToomyDiez Long TravisDimos Marionneaux VitterDoerge Martiny WalsworthDonelon McCain WarnerDupre McCallum WelchDurand McDonald WestonFarve McMains WigginsFaucheux Michot WilkersonFlavin Montgomery Willard-Lewis

Fontenot Morrell WindhorstForster Morrish WinstonFrith Murray WrightFruge Odinet Total—101

NAYS

Total—0ABSENT

Alexander, R.—13th QuezaireMitchell Triche Total—4

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Pratt moved to reconsider the vote by which the above billwas finally passed, and, on her own motion, the motion to reconsiderwas laid on the table.

HOUSE BILL NO. 1937—BY REPRESENTATIVE FARVE

AN ACTTo enact R.S. 17:3983 and R.S. 36:651(L), relative to the Louisiana

Equity in Schools Commission; to create such commission; toprovide for commission powers and duties, membership, andcompensation; to provide relative to commission meetings,vacancies, and reporting procedures; and to provide for relatedmatters.

Read by title.

Rep. Dimos, on behalf of the Legislative Bureau, sent up flooramendments which were read as follows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Dimos on behalf of theLegislative Bureau to Engrossed House Bill No. 1937 byRepresentative Farve

AMENDMENT NO. 1

On page 1, line 18, following "(a)" and before "Louisiana" change "Arepresentative of the" to "The"

AMENDMENT NO. 2

On page 2, line 1, following "(b)" and before "Louisiana" change "Arepresentative of the" to "The"

AMENDMENT NO. 3

On page 2, line 2, following "(c)" and before "Louisiana" change "Arepresentative of the" to "The"

AMENDMENT NO. 4

On page 2, line 4, following "(d)" and before "Louisiana" change "Arepresentative of the" to "The"

AMENDMENT NO. 5

On page 2, line 6, following "(e)" and before "Louisiana" change "Arepresentative of the" to "The"

Page 27 HOUSE37th Day's Proceedings - May 21, 1997

1899

AMENDMENT NO. 6

On page 2, line 7, following "(f)" and before "Louisiana" change "Arepresentative of the" to "The"

AMENDMENT NO. 7

On page 2, line 9, following "(g)" and before "Public" change "Arepresentative of the" to "The"

AMENDMENT NO. 8

On page 2, line 11, following "(h)" and before "Louisiana" change "Arepresentative of the" to "The"

AMENDMENT NO. 9

On page 2, line 13, following "(i)" and before "Louisiana" change "Arepresentative of the" to "The"

AMENDMENT NO. 10

On page 2, line 15, following "(j)" and before "Commission" change"A representative of the" to "The"

AMENDMENT NO. 11

On page 3, line 16, following "meeting" and before "not" delete "by"

On motion of Rep. Dimos, the amendments were adopted.

Rep. Farve moved the final passage of the bill, as amended.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Gautreaux OdinetAlario Glover PerkinsAlexander, A.—93rd Green PierreAlexander, R.—13th Guillory PinacAnsardi Hammett PowellBarton Heaton PrattBaudoin Hebert QuezaireBaylor Hill RiddleBowler Holden RomeroBruce Hopkins RousselleBrun Hudson SalterBruneau Hunter ScaliseCarter Iles SchneiderChaisson Jenkins ShawClarkson Jetson Smith, J.D.—50thCopelin Johns Smith, J.R.—30thCrane Kennard StellyCurtis Kenney StrainDamico Lancaster TheriotDeville Landrieu ThomasDeWitt LeBlanc ThompsonDiez Long ToomyDimos Marionneaux TravisDoerge Martiny VitterDonelon McCain WalsworthDupre McCallum WarnerDurand McDonald WelchFarve McMains WestonFaucheux Michot WigginsFlavin Mitchell Wilkerson

Fontenot Montgomery Willard-LewisForster Morrell WindhorstFrith Morrish WinstonFruge Murray Wright Total—102

NAYS

Total—0ABSENT

Daniel Thornhill Triche Total—3

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Farve moved to reconsider the vote by which the above billwas finally passed, and, on her own motion, the motion to reconsiderwas laid on the table.

HOUSE BILL NO. 2115—BY REPRESENTATIVE DIMOS

AN ACTTo enact R.S. 22:220.1 through 220.11 and 2005.1, relative to health

insurance; to provide for the certification of managed careprograms offered by licensed health insurers; to provide fordefinitions; to provide for application for certification ofprograms; to provide for the issuance of certifications; toprovide for the authority of managed care programs; to providefor suspension of certifications; to provide for requirements; toprovide for confidentiality of medical information; to providefor fees; to provide for an annual notification and disclosure ofinformation; to provide for conversion of certificates ofauthority; and to provide for related matters.

Read by title.

Rep. Dimos, on behalf of the Legislative Bureau, sent up flooramendments which were read as follows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Dimos on behalf of theLegislative Bureau to Engrossed House Bill No. 2115 byRepresentative Dimos

AMENDMENT NO. 1

On page 6, line 3, before "The" change "(4)" to "D." and on line 8,before "In" change "D." to "E."

AMENDMENT NO. 2

On page 10, line 6, following "provided" and before "that" delete"however,"

AMENDMENT NO. 3

On page 15, line 3, following "(1)" and before "extent" change "The"to "To the"

On motion of Rep. Dimos, the amendments were adopted.

Rep. Dimos moved the final passage of the bill, as amended.

ROLL CALL

The roll was called with the following result:

Page 28 HOUSE37th Day's Proceedings - May 21, 1997

1900

YEAS

Mr. Speaker Fruge PierreAlario Gautreaux PinacAlexander, A.—93rd Glover PowellAlexander, R.—13th Green PrattAnsardi Guillory QuezaireBarton Hammett RiddleBaudoin Heaton RomeroBaylor Hebert RousselleBowler Hill SalterBruce Holden ScaliseBrun Hopkins SchneiderBruneau Hudson ShawCarter Hunter Smith, J.D.—50thChaisson Iles Smith, J.R.—30thClarkson Jenkins StellyCopelin Kennard StrainCrane Kenney TheriotCurtis Lancaster ThomasDamico Landrieu ThompsonDaniel LeBlanc ThornhillDeville Long ToomyDeWitt Marionneaux TravisDiez Martiny VitterDimos McCain WalsworthDoerge McCallum WarnerDonelon McDonald WelchDupre McMains WestonDurand Michot WigginsFarve Montgomery WilkersonFaucheux Morrell Willard-LewisFlavin Morrish WindhorstFontenot Murray WinstonForster Odinet WrightFrith Perkins Total—101

NAYS

Jetson Total—1

ABSENT

Johns Mitchell Triche Total—3

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Dimos moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 1862—BY REPRESENTATIVE R. ALEXANDER

AN ACTTo enact R.S. 46:924.1, relative to charity hospitals; to permit the

refusal of nonemergency treatment or admission of certainindividuals by any state-owned general hospital; and to providefor related matters.

Called from the calendar.

Read by title.

Rep. Rodney Alexander sent up floor amendments which wereread as follows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Rodney Alexander toEngrossed House Bill No. 1862 by Representative Rodney Alexander

AMENDMENT NO. 1

On page 2, line 6, after "limited to" and before "organizations," delete"physician-provider" and insert "preferred provider"

On motion of Rep. Rodney Alexander, the amendments wereadopted.

Motion

On motion of Rep. Rodney Alexander, the bill, as amended, wasreturned to the calendar subject to call.

HOUSE BILL NO. 1271—BY REPRESENTATIVE WALSWORTH

AN ACTTo enact R.S. 14:95(I), relative to the crime of illegal carrying of

weapons; to provide with respect to the ownership and carryingof "rescue knives" by commissioned law enforcement officers;to provide with respect to the sale of those knives to thoseofficers; to provide with respect to the ownership or possessionof those knifes by merchants; and to provide for related matters.

Called from the calendar.

Read by title.

Rep. Walsworth moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Gautreaux PerkinsAlario Glover PierreAlexander, A.—93rd Green PinacAlexander, R.—13th Guillory PowellAnsardi Hammett PrattBarton Heaton QuezaireBaudoin Hebert RiddleBaylor Hill RomeroBowler Holden RousselleBruce Hopkins SalterBrun Hudson ScaliseBruneau Hunter SchneiderChaisson Iles ShawClarkson Jenkins Smith, J.D.—50thCopelin Jetson Smith, J.R.—30thCrane Johns StellyCurtis Kennard StrainDamico Kenney TheriotDaniel Lancaster ThomasDeville Landrieu ThompsonDeWitt LeBlanc ThornhillDiez Long ToomyDimos Marionneaux TravisDoerge Martiny VitterDonelon McCain WalsworthDupre McCallum WarnerDurand McDonald WelchFarve McMains WestonFaucheux Michot Wiggins

Page 29 HOUSE37th Day's Proceedings - May 21, 1997

1901

Flavin Montgomery WilkersonFontenot Morrell Willard-LewisForster Morrish WindhorstFrith Murray WinstonFruge Odinet Wright Total—102

NAYS

Total—0ABSENT

Carter Mitchell Triche Total—3

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Walsworth moved to reconsider the vote by which theabove bill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 2122—BY REPRESENTATIVE PERKINS

AN ACTTo enact R.S. 17:72.1, relative to the municipal school system in

Baker, Louisiana; to create an interim school board for thesystem; to provide for board membership, including number ofmembers, method of appointment, qualifications, terms ofoffice, and vacancies; to provide relative to the powers, duties,and responsibilities of the board; to provide limitations; toprovide for applicability of certain statutory provisions relativeto open meetings and public records; to provide forimplementation; and to provide for related matters.

Read by title.

Motion

Rep. Perkins moved that House Bill No. 2122 be designated asa duplicate of Senate Bill No. 1499.

Which motion was agreed to.

Rep. Dimos, on behalf of the Legislative Bureau, sent up flooramendments which were read as follows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Dimos on behalf of theLegislative Bureau to Engrossed House Bill No. 2122 byRepresentative Perkins

AMENDMENT NO. 1

On page 2, line 7, following "17:" and before "specifying" change"51(C)" to "52(D)"

On motion of Rep. Dimos, the amendments were adopted.

Motion

On motion of Rep. Perkins, the bill, as amended, was returnedto the calendar subject to call.

HOUSE BILL NO. 2202—BY REPRESENTATIVE THORNHILL

AN ACTTo amend and reenact R.S. 22:1113(D)(1), relative to insurance

agents; to prohibit the improper cancellation of agency contractsbetween the agent and the insurer; and to provide for relatedmatters.

Read by title.

Motion

On motion of Rep. Thornhill, the bill was returned to thecalendar subject to call.

HOUSE BILL NO. 2206—BY REPRESENTATIVES CLARKSON AND MURRAY

AN ACTTo amend and reenact R.S. 22:657(D)(2) and to enact R.S. 22:657(E)

and 2027(E) and (F), and R.S. 40:2207, and 2207.1, relative tohealth insurance, to provide a definition for emergency medicalcondition; to prohibit pre-certification for emergency care; toprohibit retrospective denial or reduction of payment foremergency care; to require dissemination of informationregarding requirements; to provide for penalties; and to providefor related matters.

Read by title.

Rep. Clarkson moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Glover PerkinsAlario Green PierreAlexander, A.—93rd Guillory PinacAlexander, R.—13th Hammett PowellAnsardi Heaton PrattBarton Hebert QuezaireBaylor Hill RiddleBowler Holden RomeroBrun Hopkins RousselleBruneau Hudson ScaliseCarter Hunter SchneiderChaisson Iles ShawClarkson Jenkins Smith, J.D.—50thCopelin Johns StellyCrane Kennard TheriotCurtis Kenney ThomasDamico Lancaster ThompsonDaniel Landrieu ThornhillDeville LeBlanc ToomyDeWitt Long TravisDiez Marionneaux VitterDoerge Martiny WalsworthDonelon McCain WarnerDupre McCallum WelchDurand McMains WestonFarve Michot WigginsFaucheux Mitchell WilkersonFlavin Montgomery Willard-LewisFontenot Morrell WindhorstForster Morrish WinstonFrith Murray WrightGautreaux Odinet Total—95

Page 30 HOUSE37th Day's Proceedings - May 21, 1997

1902

NAYS

Total—0ABSENT

Baudoin Jetson StrainBruce McDonald TricheDimos SalterFruge Smith, J.R.—30th Total—10

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Clarkson moved to reconsider the vote by which the abovebill was finally passed, and, on her own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 2220—BY REPRESENTATIVE WRIGHT

AN ACTTo amend and reenact R.S. 33:1342(1) and to enact R.S. 33:1350.2,

relative to local government self-insurance funds; to allow astate hospital association to form, join, and participate ininterlocal risk management agencies; and to provide for relatedmatters.

Read by title.

Rep. Wright moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Fruge PierreAlario Gautreaux PinacAlexander, A.—93rd Glover PowellAlexander, R.—13th Green PrattAnsardi Guillory QuezaireBarton Hammett RiddleBaudoin Hebert RomeroBaylor Hill RousselleBowler Holden SalterBrun Hopkins ScaliseBruneau Hudson SchneiderCarter Hunter ShawChaisson Iles Smith, J.D.—50thClarkson Jenkins StellyCopelin Johns StrainCrane Kennard TheriotCurtis Kenney ThomasDamico Lancaster ThompsonDaniel Landrieu ThornhillDeville LeBlanc ToomyDeWitt Long TravisDiez Marionneaux VitterDoerge Martiny WalsworthDonelon McCain WarnerDupre McCallum WelchDurand McMains WestonFarve Montgomery WigginsFaucheux Morrell WilkersonFlavin Morrish Willard-LewisFontenot Murray WindhorstForster Odinet WinstonFrith Perkins Wright Total—96

NAYS

Total—0ABSENT

Bruce Jetson MitchellDimos McDonald Smith, J.R.—30thHeaton Michot Triche Total—9

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Wright moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 2258—BY REPRESENTATIVE DIMOS

AN ACTTo enact R.S. 22:228.7, relative to health and accident insurance; to

require health and accident insurers to provide coverage forcertain anesthesia and hospital charges for dental procedures;and to provide for related matters.

Read by title.

Rep. Dimos sent up floor amendments which were read asfollows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Dimos to Engrossed HouseBill No. 2258 by Representative Dimos

AMENDMENT NO. 1

On page 1, delete lines 9 through 10 in their entirety and on line 11delete "coverage" and insert in lieu thereof the following:

"A. Every hospital, health, or medical expense insurance policy,hospital or medical service contract, employee welfare benefit plan,health and accident insurance policy, or any policy of group, familygroup, blanket or franchise health and accident insurance, a self-insurance plan, health maintenance organization, and preferredprovider organization, which is delivered or issued for delivery in thisstate"

AMENDMENT NO. 2

On page 2, line 1, after "For" delete the remainder of the line andinsert in lieu thereof "a patient to satisfy the criteria"

AMENDMENT NO. 3

On page 2, delete lines 8 through 12 in their entirety and insert in lieuthereof the following:

"C. The provisions of this Section shall not apply to treatmentrendered for temporal mandibular joint (TMJ) disorders."

On motion of Rep. Dimos, the amendments were adopted.

Rep. Dimos moved the final passage of the bill, as amended.

ROLL CALL

The roll was called with the following result:

Page 31 HOUSE37th Day's Proceedings - May 21, 1997

1903

YEAS

Mr. Speaker Glover PierreAlario Green PinacAlexander, A.—93rd Guillory PowellAlexander, R.—13th Hammett PrattAnsardi Heaton QuezaireBarton Hebert RiddleBaudoin Hill RomeroBaylor Holden RousselleBowler Hopkins SalterBrun Hudson ScaliseBruneau Hunter SchneiderCarter Iles ShawChaisson Jenkins Smith, J.D.—50thClarkson Jetson Smith, J.R.—30thCopelin Johns StellyCrane Kennard StrainCurtis Kenney TheriotDamico Lancaster ThomasDaniel Landrieu ThompsonDeville LeBlanc ThornhillDeWitt Long ToomyDiez Marionneaux TravisDimos Martiny VitterDoerge McCain WalsworthDonelon McCallum WarnerDurand McMains WelchFarve Michot WestonFaucheux Mitchell WigginsFlavin Montgomery WilkersonFontenot Morrell Willard-LewisForster Morrish WindhorstFrith Murray WinstonFruge Odinet WrightGautreaux Perkins Total—101

NAYS

Total—0ABSENT

Bruce McDonaldDupre Triche Total—4

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Dimos moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 2277—BY REPRESENTATIVE ANSARDI

AN ACTTo amend and reenact R.S. 22:349, relative to funeral service

insurers; to increase the interval between required examinationsof certain insurers by the Department of Insurance; and toprovide for related matters.

Read by title.

Rep. Ansardi moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Green PinacAlario Guillory PowellAlexander, A.—93rd Hammett PrattAlexander, R.—13th Heaton QuezaireAnsardi Hill RiddleBaudoin Holden RomeroBaylor Hopkins RousselleBowler Hudson SalterBrun Hunter ScaliseBruneau Iles SchneiderCarter Jenkins ShawChaisson Jetson Smith, J.D.—50thClarkson Johns Smith, J.R.—30thCopelin Kennard StellyCrane Kenney StrainCurtis Lancaster TheriotDamico Landrieu ThomasDaniel LeBlanc ThompsonDeville Long ThornhillDeWitt Marionneaux ToomyDiez Martiny TravisDimos McCain VitterDoerge McCallum WalsworthDonelon McDonald WarnerDupre McMains WelchDurand Michot WestonFarve Mitchell WigginsFaucheux Montgomery WilkersonFlavin Morrell Willard-LewisFontenot Morrish WindhorstForster Murray WinstonFrith Odinet WrightGautreaux PerkinsGlover Pierre Total—100

NAYS

Total—0ABSENT

Barton Fruge TricheBruce Hebert Total—5

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Ansardi moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 2202—BY REPRESENTATIVE THORNHILL

AN ACTTo amend and reenact R.S. 22:1113(D)(1), relative to insurance

agents; to prohibit the improper cancellation of agency contractsbetween the agent and the insurer; and to provide for relatedmatters.

Called from the calendar.

Read by title.

Rep. Stelly sent up floor amendments which were read asfollows:

Page 32 HOUSE37th Day's Proceedings - May 21, 1997

1904

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Stelly to Engrossed HouseBill No. 2202 by Representative Thornhill

AMENDMENT NO. 1

On page 2, line 11, delete "With" and insert in lieu thereof "Unlessotherwise agreed between an agent and an appointing insurer, with"

Rep. Stelly moved the adoption of the amendments.

Rep. Thornhill objected.

A record vote was asked for and ordered by the House.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Gautreaux PowellAlexander, A.—93rd Glover PrattAnsardi Heaton QuezaireBaylor Hebert RiddleBruce Holden RousselleBrun Hunter StrainCarter Iles TheriotChaisson Landrieu ThomasCopelin Marionneaux ThornhillCurtis McCain TravisDamico Mitchell WelchDimos Montgomery WestonDupre Morrell WilkersonFarve Murray Willard-LewisFaucheux Odinet WindhorstFontenot Pierre Winston Total—48

NAYS

Alario Guillory PinacBarton Hammett RomeroBowler Hill SalterBruneau Hopkins ScaliseClarkson Jenkins SchneiderCrane Johns ShawDaniel Kennard Smith, J.D.—50thDeville Kenney Smith, J.R.—30thDeWitt Lancaster StellyDiez LeBlanc ThompsonDoerge Long ToomyDonelon Martiny VitterDurand McDonald WalsworthFlavin McMains WarnerForster Michot WigginsFrith Morrish WrightFruge Perkins Total—50

ABSENT

Alexander, R.—13th Hudson TricheBaudoin JetsonGreen McCallum Total—7

The amendments were rejected.

Rep. Thornhill moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Gautreaux PowellAlexander, A.—93rd Glover PrattAnsardi Heaton QuezaireBaylor Hebert RiddleBruce Holden RousselleBrun Hunter StrainCarter Iles TheriotChaisson Landrieu ThomasCopelin Marionneaux ThornhillCurtis McCain TravisDamico Mitchell WelchDimos Montgomery WestonDupre Morrell WilkersonFarve Murray Willard-LewisFaucheux Odinet WindhorstFontenot Pierre Winston Total—48

NAYS

Alario Guillory PinacBarton Hammett RomeroBowler Hill SalterBruneau Hopkins ScaliseClarkson Jenkins SchneiderCrane Johns ShawDaniel Kennard Smith, J.D.—50thDeville Kenney Smith, J.R.—30thDeWitt Lancaster StellyDiez LeBlanc ThompsonDoerge Long ToomyDonelon Martiny VitterDurand McDonald WalsworthFlavin McMains WarnerForster Michot WigginsFrith Morrish WrightFruge Perkins Total—50

ABSENT

Alexander, R.—13th Hudson TricheBaudoin JetsonGreen McCallum Total—7

The Chair declared the above bill failed to pass.

Rep. Johns moved to reconsider the vote by which the above billfailed to pass, and, on his own motion, the motion to reconsider waslaid on the table.

Suspension of the Rules

On motion of Rep. Long, and under a suspension of the rules,the above roll call was corrected to reflect him as voting nay.

Speaker Pro Tempore Bruneau in the Chair

Page 33 HOUSE37th Day's Proceedings - May 21, 1997

1905

HOUSE BILL NO. 2307—BY REPRESENTATIVE THORNHILL

AN ACTTo enact R.S. 22:1118(F)(4), relative to insurance agents; to permit

insureds and applicants to select their insurance agents in certaininstances; to prohibit commissions to be paid to agents in certaininstances; and to provide for related matters.

Read by title.

Rep. Stelly sent up floor amendments which were read asfollows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Stelly to Engrossed HouseBill No. 2307 by Representative Thornhill

AMENDMENT NO. 1

On page 1, delete lines 13 through 17 in their entirety and insert inlieu thereof the following:

"(4) Upon the written request of an insured, an insurer shallpermit the insured to select another appointed insurance agent due tothe termination, death, or retirement of an agent. Any renewalcommission owed the agent shall be paid to the new agent of recordupon the next renewal of the policy."

On motion of Rep. Stelly, the amendments were adopted.

Rep. Thornhill moved the final passage of the bill, as amended.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Guillory PinacAlario Hammett PowellAlexander, A.—93rd Heaton PrattAlexander, R.—13th Hebert QuezaireAnsardi Hill RiddleBarton Holden RomeroBaylor Hunter RousselleBowler Iles SalterBrun Jenkins ScaliseBruneau Jetson SchneiderCarter Johns ShawChaisson Kennard Smith, J.D.—50thClarkson Kenney Smith, J.R.—30thCopelin Lancaster StellyCurtis Landrieu StrainDamico LeBlanc TheriotDaniel Long ThomasDeWitt Marionneaux ThompsonDimos Martiny ThornhillDoerge McCain ToomyDonelon McCallum TravisDupre McDonald VitterDurand Michot WarnerFarve Mitchell WelchFaucheux Montgomery WestonFlavin Morrell WigginsFontenot Morrish WilkersonFrith Murray Willard-LewisFruge Odinet WindhorstGlover Perkins WrightGreen Pierre Total—92

NAYS

Baudoin Deville McMainsBruce Diez WalsworthCrane Forster Winston Total—9

ABSENT

Gautreaux HudsonHopkins Triche Total—4

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Thornhill moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 2312—BY REPRESENTATIVE SHAW

AN ACTTo enact R.S. 14:333.1, relative to crimes affecting the public

generally; to provide with respect to the manufacture,distribution, sale, or offer of illegal identification cards; and toprovide for related matters.

Read by title.

Rep. Shaw moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Fruge PerkinsAlario Gautreaux PierreAlexander, A.—93rd Glover PinacAlexander, R.—13th Green PowellAnsardi Guillory PrattBarton Hammett QuezaireBaudoin Heaton RiddleBaylor Hebert RomeroBowler Hill RousselleBruce Holden SalterBrun Hudson ScaliseBruneau Hunter SchneiderCarter Iles ShawChaisson Jenkins Smith, J.D.—50thClarkson Jetson Smith, J.R.—30thCopelin Johns StellyCrane Kennard StrainCurtis Kenney TheriotDamico Landrieu ThomasDaniel LeBlanc ThompsonDeville Long ThornhillDeWitt Marionneaux ToomyDiez Martiny TravisDimos McCain VitterDoerge McCallum WalsworthDonelon McDonald WarnerDupre McMains WelchDurand Michot WestonFarve Mitchell WigginsFaucheux Montgomery WilkersonFlavin Morrell Willard-LewisFontenot Morrish Windhorst

Page 34 HOUSE37th Day's Proceedings - May 21, 1997

1906

Forster Murray WinstonFrith Odinet Wright Total—102

NAYS

Total—0ABSENT

Hopkins Lancaster Triche Total—3

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Shaw moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.

HOUSE BILL NO. 2122—BY REPRESENTATIVE PERKINS

AN ACTTo enact R.S. 17:72.1, relative to the municipal school system in

Baker, Louisiana; to create an interim school board for thesystem; to provide for board membership, including number ofmembers, method of appointment, qualifications, terms ofoffice, and vacancies; to provide relative to the powers, duties,and responsibilities of the board; to provide limitations; toprovide for applicability of certain statutory provisions relativeto open meetings and public records; to provide forimplementation; and to provide for related matters.

Called from the calendar.

Read by title.

Rep. Perkins sent up floor amendments which were read asfollows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Perkins to EngrossedHouse Bill No. 2122 by Representative Perkins

AMENDMENT NO. 1

On page 2, line 7, after "R.S." and before "specifying" change"17:51(C)" to "17:52(D)"

On motion of Rep. Perkins, the amendments were adopted.

Rep. Holden sent up floor amendments which were read asfollows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Holden to EngrossedHouse Bill No. 2122 by Representative Perkins

AMENDMENT NO. 1

On page 2, line 5, after "system." and before "Additionally," insert"One member shall be appointed from each election district used toelect the current members of the city council of Baker, Louisiana."

AMENDMENT NO. 2

On page 2, line 11, after "Board" change the semicolon ";" to a period"." and delete the remainder of the line and delete lines 12 through 14in their entirety

AMENDMENT NO. 3

On page 3, line 7, after "1998" change the semicolon ";" to a period"." and delete the remainder of the line and delete lines 8 and 9 intheir entirety

On motion of Rep. Holden, the amendments were adopted.

Rep. Perkins moved the final passage of the bill, as amended.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Fruge PerkinsAlario Gautreaux PierreAlexander, A.—93rd Green PinacAlexander, R.—13th Guillory PowellAnsardi Hammett PrattBarton Heaton QuezaireBaudoin Hebert RiddleBaylor Hill RomeroBowler Holden RousselleBruce Hopkins SalterBrun Hunter ScaliseBruneau Iles SchneiderCarter Jenkins ShawChaisson Jetson Smith, J.D.—50thClarkson Johns Smith, J.R.—30thCopelin Kennard StellyCrane Kenney StrainCurtis Lancaster TheriotDamico Landrieu ThomasDaniel LeBlanc ThompsonDeville Long ThornhillDeWitt Marionneaux ToomyDiez Martiny TravisDimos McCain VitterDoerge McCallum WalsworthDonelon McDonald WarnerDupre McMains WelchDurand Michot WestonFarve Mitchell WigginsFaucheux Montgomery WilkersonFlavin Morrell Willard-LewisFontenot Morrish WindhorstForster Murray WinstonFrith Odinet Wright Total—102

NAYS

Total—0ABSENT

Glover Hudson Triche Total—3

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Perkins moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

Page 35 HOUSE37th Day's Proceedings - May 21, 1997

1907

HOUSE BILL NO. 2455—BY REPRESENTATIVE WINDHORST

AN ACTTo amend and reenact R.S. 49:968(G), relative to the Administrative

Procedure Act; to provide for the procedure for the proposal andadoption of rules found to be acceptable and unacceptable by alegislative committee; to provide for the time period forgubernatorial action regarding the suspension or veto of certainrules and regulations; and to provide for related matters.

Read by title.

Rep. Windhorst sent up floor amendments which were read asfollows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Windhorst to EngrossedHouse Bill No. 2455 by Representative Windhorst

AMENDMENT NO. 1

On page 1, line 5, after the semicolon ";" delete the remainder of theline and delete line 6

AMENDMENT NO. 2

On page 1, line 14, after "to" insert "disapprove the action taken"

AMENDMENT NO. 3

On page 1, line 15, delete "suspend or veto any rule foundacceptable"

AMENDMENT NO. 4

On page 1, line 16, after "subcommittee" delete the remainder of theline and insert "is not disapproved"

AMENDMENT NO. 5

On page 1, line 17, after "governor" delete the remainder of the lineand insert "within ten"

AMENDMENT NO. 6

On page 2, line 1, after "subcommittee" insert "report is delivered tohim"

AMENDMENT NO. 7

On page 2, line 2, delete "finds the rule acceptable"

AMENDMENT NO. 8

On page 2, line 3, after "and" and before "found" insert"subsequently"

AMENDMENT NO. 9

On page 2, line 6, after "change" and before "is" insert "or emergencyrule"

AMENDMENT NO. 10

On page 2, line 7, after "committee" insert "and such determinationis not disapproved by the governor"

AMENDMENT NO. 11

On page 2, line 10, after "change" and before "nor" insert "oremergency rule" AMENDMENT NO. 12

On page 2, line 12, after "change" and before "within" insert "oremergency rule"

On motion of Rep. Windhorst, the amendments were adopted.

Rep. Windhorst moved the final passage of the bill, as amended.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Glover PierreAlario Green PinacAlexander, A.—93rd Guillory PowellAlexander, R.—13th Hammett PrattAnsardi Heaton QuezaireBaylor Hebert RiddleBowler Hill RomeroBruce Holden RousselleBrun Hopkins SalterBruneau Hudson ScaliseCarter Hunter SchneiderChaisson Iles ShawClarkson Jenkins Smith, J.D.—50thCopelin Jetson Smith, J.R.—30thCrane Johns StellyCurtis Kennard StrainDamico Kenney TheriotDaniel Lancaster ThomasDeville Landrieu ThompsonDeWitt LeBlanc ThornhillDiez Long ToomyDimos Marionneaux TravisDoerge Martiny VitterDonelon McCain WalsworthDupre McCallum WarnerDurand McDonald WelchFarve McMains WestonFaucheux Michot WigginsFlavin Montgomery WilkersonFontenot Morrell Willard-LewisForster Morrish WindhorstFrith Murray WinstonFruge Odinet WrightGautreaux Perkins Total—101

NAYS

Total—0ABSENT

Barton MitchellBaudoin Triche Total—4

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Page 36 HOUSE37th Day's Proceedings - May 21, 1997

1908

Rep. Windhorst moved to reconsider the vote by which theabove bill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 2456—BY REPRESENTATIVE WINDHORST

AN ACTTo amend and reenact R.S. 49:968(G) and 969, relative to the

Administrative Procedure Act; to provide relative to thepublication of concurrent resolutions adopted by the legislatureaffecting rules, regulations, or fees adopted by an agency; toprovide for the effectiveness of such changes; to change the timeperiod for the proposal of rules similar to disapproved rules; andto provide for related matters.

Read by title.

Rep. Windhorst sent up floor amendments which were read asfollows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Windhorst to EngrossedHouse Bill No. 2456 by Representative Windhorst

AMENDMENT NO. 1

On page 1, line 2, after "R.S." delete "49:968(G) and 969" and insert"49:969"

AMENDMENT NO. 2

On page 1, line 9, after "R.S." delete "49:968(G) and 969 are" andinsert "49:969 is"

AMENDMENT NO. 3

On page 1, delete lines 11 through 17

AMENDMENT NO. 4

On page 2, delete lines 1 through 14

On motion of Rep. Windhorst, the amendments were adopted.

Rep. Windhorst moved the final passage of the bill, as amended.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Gautreaux PerkinsAlario Glover PierreAlexander, A.—93rd Green PinacAlexander, R.—13th Guillory PowellAnsardi Hammett PrattBarton Heaton QuezaireBaylor Hebert RiddleBowler Hill RomeroBruce Holden RousselleBrun Hopkins SalterBruneau Hunter ScaliseCarter Iles SchneiderChaisson Jenkins ShawClarkson Jetson Smith, J.D.—50thCopelin Johns Smith, J.R.—30thCrane Kennard Stelly

Curtis Kenney TheriotDamico Lancaster ThompsonDaniel Landrieu ToomyDeville LeBlanc TravisDeWitt Long VitterDiez Marionneaux WalsworthDimos Martiny WarnerDoerge McCain WelchDonelon McCallum WestonDupre McDonald WigginsDurand McMains WilkersonFarve Michot Willard-LewisFaucheux Montgomery WindhorstFlavin Morrell WinstonFontenot Morrish WrightForster MurrayFrith Odinet Total—97

NAYS

Total—0ABSENT

Baudoin Mitchell ThornhillFruge Strain TricheHudson Thomas Total—8

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Windhorst moved to reconsider the vote by which theabove bill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 2467—BY REPRESENTATIVES MARIONNEAUX AND WINDHORST

AN ACTTo enact R.S. 40:1485.10, relative to the regulation of charitable

gaming; to provide with respect to venue in civil proceedingsinvolving charitable gaming licensees; and to provide for relatedmatters.

Read by title.

Rep. Marionneaux moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Green PinacAlario Guillory PowellAlexander, A.—93rd Hammett PrattAlexander, R.—13th Heaton QuezaireAnsardi Hebert RiddleBaylor Hill RomeroBowler Holden RousselleBruce Hopkins SalterBruneau Hunter ScaliseCarter Iles SchneiderChaisson Jenkins ShawClarkson Johns Smith, J.D.—50thCopelin Kennard StellyCrane Kenney StrainCurtis Lancaster Theriot

Page 37 HOUSE37th Day's Proceedings - May 21, 1997

1909

Damico Landrieu ThomasDaniel LeBlanc ThompsonDeville Long ThornhillDeWitt Marionneaux ToomyDiez Martiny TravisDimos McCain VitterDoerge McCallum WalsworthDonelon McDonald WarnerDupre McMains WelchDurand Michot WestonFarve Mitchell WigginsFaucheux Montgomery WilkersonFlavin Morrell Willard-LewisFontenot Morrish WindhorstForster Murray WinstonFrith Odinet WrightGautreaux PerkinsGlover Pierre Total—97

NAYS

Total—0ABSENT

Barton Fruge Smith, J.R.—30thBaudoin Hudson TricheBrun Jetson Total—8

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Marionneaux moved to reconsider the vote by which theabove bill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 278—BY REPRESENTATIVE LEBLANC

AN ACTTo amend and reenact R.S. 23:1548 and R.S. 47:1577, relative to the

payment of filing fees for recording certain privileges and liens;to require the payment of filing fees for recording a privilegeagainst an employer's property for nonpayment ofunemployment compensation contributions; to require thepayment of filing fees for recording a state tax lien; and toprovide for related matters.

Read by title.

Motion

On motion of Rep. LeBlanc, the bill was returned to the calendarsubject to call.

HOUSE BILL NO. 742—BY REPRESENTATIVE HAMMETT

AN ACTTo amend and reenact R.S. 11:1921(A)(4), relative to the Parochial

Employees' Retirement System of Louisiana; to provide withrespect to the purchase of prior service credit; to allow coronersthe option of purchasing prior service credit on an actuarialbasis; and to provide for related matters.

Read by title.

Motion

Rep. Hammett moved that House Bill No. 742 be designated asa duplicate of Senate Bill No. 1532.

Which motion was agreed to.

Rep. Hammett moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:YEAS

Mr. Speaker Gautreaux PerkinsAlario Glover PierreAlexander, A.—93rd Green PinacAlexander, R.—13th Guillory PowellAnsardi Hammett PrattBarton Heaton QuezaireBaylor Hebert RiddleBowler Hill RomeroBruce Holden RousselleBruneau Hopkins SalterCarter Hunter ScaliseChaisson Iles SchneiderClarkson Jenkins Smith, J.D.—50thCopelin Johns Smith, J.R.—30thCrane Kennard StellyCurtis Kenney StrainDamico Lancaster TheriotDaniel Landrieu ThomasDeville LeBlanc ThompsonDeWitt Long ToomyDiez Marionneaux TravisDimos Martiny VitterDoerge McCain WalsworthDonelon McCallum WarnerDurand McDonald WelchFarve McMains WestonFaucheux Michot WigginsFlavin Montgomery WilkersonFontenot Morrell Willard-LewisForster Morrish WindhorstFrith Murray WinstonFruge Odinet Wright Total—96

NAYS

Total—0ABSENT

Baudoin Hudson ShawBrun Jetson ThornhillDupre Mitchell Triche Total—9

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Hammett moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

Page 38 HOUSE37th Day's Proceedings - May 21, 1997

1910

HOUSE BILL NO. 971—BY REPRESENTATIVE BARTON

AN ACTTo amend and reenact R.S. 43:142(A)(4), 171(A)(2)(d),

181(A)(2)(c), 201(B)(4), and 202(A), relative to the selection ofnewspapers for official advertisements and publications; torequire a newspaper to be entered in a U.S. post office under aperiodical permit rather than a second class mailing permit toqualify as an official journal and for the publication of certainadvertisements and notices; and to provide for related matters.

Read by title.

Rep. Barton moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Gautreaux PierreAlario Glover PinacAlexander, A.—93rd Green PowellAlexander, R.—13th Guillory PrattAnsardi Hammett QuezaireBarton Heaton RiddleBaudoin Hebert RomeroBaylor Hill RousselleBowler Holden SalterBruce Hopkins ScaliseBruneau Hunter SchneiderCarter Iles ShawChaisson Jenkins Smith, J.D.—50thClarkson Jetson Smith, J.R.—30thCopelin Johns StellyCrane Kennard StrainCurtis Kenney TheriotDamico Lancaster ThomasDaniel Landrieu ThompsonDeville LeBlanc ToomyDeWitt Long TravisDiez Marionneaux VitterDimos Martiny WalsworthDoerge McCain WarnerDonelon McCallum WelchDupre McDonald WestonDurand McMains WigginsFarve Michot WilkersonFaucheux Montgomery Willard-LewisFlavin Morrell WindhorstFontenot Morrish WinstonFrith Odinet WrightFruge Perkins Total—98

NAYS

Total—0ABSENT

Brun Mitchell TricheForster MurrayHudson Thornhill Total—7

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Barton moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 1010—BY REPRESENTATIVE STELLY

AN ACTTo enact R.S. 11:105, relative to the Assessors' Retirement Fund, the

Clerks' of Court Retirement and Relief Fund, the MunicipalEmployees' Retirement System of Louisiana, and the ParochialEmployees' Retirement System of Louisiana; to provide withrespect to employer contribution rates and the procedures usedin determination thereof; to provide for an effective date; and toprovide for related matters.

Read by title.

Rep. Stelly moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Gautreaux PerkinsAlario Glover PierreAlexander, A.—93rd Green PinacAnsardi Guillory PowellBarton Hammett PrattBaudoin Heaton QuezaireBaylor Hebert RiddleBowler Hill RomeroBruce Holden RousselleBrun Hopkins SalterBruneau Hunter ScaliseCarter Iles SchneiderChaisson Jenkins ShawClarkson Jetson Smith, J.D.—50thCopelin Johns Smith, J.R.—30thCrane Kennard StellyCurtis Kenney StrainDamico Lancaster TheriotDaniel Landrieu ThomasDeville LeBlanc ThompsonDeWitt Long ThornhillDiez Marionneaux ToomyDimos Martiny TravisDoerge McCain VitterDonelon McCallum WarnerDupre McDonald WelchDurand McMains WestonFarve Michot WigginsFlavin Montgomery WilkersonFontenot Morrell Willard-LewisForster Morrish WindhorstFrith Murray WinstonFruge Odinet Wright Total—99

NAYS

Total—0ABSENT

Alexander, R.—13th Hudson TricheFaucheux Mitchell Walsworth Total—6

The Chair declared the above bill was finally passed.

Page 39 HOUSE37th Day's Proceedings - May 21, 1997

1911

The title of the above bill was read and adopted.

Rep. Stelly moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.

HOUSE BILL NO. 1052—BY REPRESENTATIVE BRUNEAU

AN ACTTo amend and reenact R.S. 11:153(D)(1), relative to all state and

statewide public retirement systems; to provide with respect tomilitary service credit and the purchase thereof; and to providefor related matters.

Read by title.

Motion

On motion of Rep. Bruneau, the bill was returned to the calendarsubject to call.

HOUSE BILL NO. 1287—BY REPRESENTATIVES GAUTREAUX AND ROUSSELLE

AN ACTTo amend and reenact R.S. 23:634 and 897(A) and to enact R.S.

23:897(K), relative to employment; to allow reimbursementfrom an employee for certain examinations if the employeeterminates the employment relationship within ninety days; toallow reimbursement from wages payable; and to provide forrelated matters.

Read by title.

Rep. Gautreaux moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Forster PinacBarton Frith PowellBowler Fruge RousselleBrun Gautreaux ScaliseBruneau Glover SchneiderClarkson Hebert ShawCrane Hopkins Smith, J.D.—50thDamico Iles Smith, J.R.—30thDeville Johns StellyDeWitt Kennard StrainDiez Kenney TheriotDimos Lancaster ThomasDonelon LeBlanc ThornhillDupre Martiny TravisDurand McCallum VitterFarve McDonald WalsworthFaucheux McMains WigginsFlavin Michot WinstonFontenot Morrish Wright Total—57

NAYS

Alario Hammett PerkinsAlexander, A.—93rd Heaton PierreAlexander, R.—13th Holden PrattAnsardi Hunter QuezaireBaudoin Jenkins SalterBaylor Jetson ThompsonBruce Landrieu Toomy

Carter Long WarnerChaisson Marionneaux WelchCopelin McCain WestonCurtis Montgomery WilkersonDaniel Morrell Willard-LewisDoerge Murray WindhorstGuillory Odinet Total—41

ABSENT

Green Mitchell TricheHill RiddleHudson Romero Total—7

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Gautreaux moved to reconsider the vote by which theabove bill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 1409—BY REPRESENTATIVE BARTON

AN ACTTo amend and reenact Section 2(A) of Act No. 19 of the 1970

Regular Session of the Legislature, as amended by Act No. 623of the 1974 Regular Session, Act No. 629 of the 1979 RegularSession, Act No. 465 of the 1990 Regular Session, and Act No.303 of the 1993 Regular Session, relative to the Shreveport-Bossier Convention and Tourist Commission; to provide relativeto the composition of the commission; to establish limits on theterms a commissioner may serve; and to provide for relatedmatters.

Read by title.

Rep. Brun sent up floor amendments which were read asfollows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Brun to Engrossed HouseBill No. 1409 by RepresentativeBarton

AMENDMENT NO. 1

On page 2, line 18, after "attraction" delete the remainder of the lineand delete lines 19 and 20 and on line 21 delete "casino located inCaddo Parish"

Motion

On motion of Rep. Barton, the bill was returned to the calendarsubject to call.

HOUSE BILL NO. 1415—BY REPRESENTATIVE STELLY

AN ACTTo amend and reenact R.S. 11:2173(A)(1) and (6), relative to the

Sheriffs' Pension and Relief Fund; to provide with respect to thecomposition of the board of trustees; to further provide withrespect to election procedures for such board members andterms of office related thereto; to provide an effective date; andto provide for related matters.

Read by title.

Page 40 HOUSE37th Day's Proceedings - May 21, 1997

1912

Rep. Stelly moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Fruge MurrayAlario Gautreaux OdinetAlexander, A.—93rd Glover PerkinsAlexander, R.—13th Green PierreAnsardi Guillory PinacBarton Hammett PowellBaudoin Heaton PrattBaylor Hebert QuezaireBowler Hill RiddleBruce Holden RomeroBrun Hopkins RousselleBruneau Hudson SalterCarter Hunter ScaliseChaisson Iles ShawClarkson Jenkins Smith, J.D.—50thCopelin Jetson Smith, J.R.—30thCrane Johns StellyCurtis Kennard StrainDamico Kenney TheriotDaniel Lancaster ThomasDeville Landrieu ThompsonDeWitt LeBlanc ThornhillDiez Long ToomyDimos Marionneaux TravisDoerge Martiny VitterDonelon McCain WarnerDupre McCallum WelchDurand McDonald WestonFarve McMains WigginsFaucheux Michot WilkersonFlavin Mitchell Willard-LewisFontenot Montgomery WindhorstForster Morrell WrightFrith Morrish Total—101

NAYS

Walsworth Total—1

ABSENT

Schneider Triche Winston Total—3

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Stelly moved to reconsider the vote by which the above billwas finally passed, and, on his own motion, the motion to reconsiderwas laid on the table.

HOUSE BILL NO. 1456—BY REPRESENTATIVE FORSTER

AN ACTTo amend and reenact R.S. 23:1208(A) and (B) and 1317(A), relative

to workers' compensation hearings; to provide that impeachmentevidence shall not be discoverable; to provide for conditions forintroduction into evidence; to provide for penalties formisrepresentations; and to provide for related matters.

Read by title.

Motion

Rep. Forster moved that House Bill No. 1456 be designated asa duplicate of Senate Bill No. 1148.

Which motion was agreed to.

Rep. Thornhill sent up floor amendments which were read asfollows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Thornhill to EngrossedHouse Bill No. 1456 by Representative Forster

AMENDMENT NO. 1

On page 2, line 10, delete "(1)"

AMENDMENT NO. 2

On page 2, delete lines 25 and 26 and on page 3, delete lines 1through 16

Rep. Thornhill moved the adoption of the amendments.

Rep. Forster objected.

A record vote was asked for and ordered by the House.

ROLL CALL

The roll was called with the following result:

YEAS

Alario Faucheux OdinetAlexander, A.—93rd Glover PierreAlexander, R.—13th Green PrattAnsardi Guillory QuezaireBaudoin Heaton RousselleBaylor Hill ShawBowler Holden ThornhillBruce Hunter TravisCarter Iles WarnerCopelin Landrieu WelchCurtis Marionneaux WestonDimos McCain WilkersonDoerge Mitchell Willard-LewisDurand MorrellFarve Murray Total—43

NAYS

Barton Gautreaux PerkinsBrun Hammett PinacBruneau Hebert PowellChaisson Hopkins SalterClarkson Jenkins ScaliseCrane Johns Smith, J.D.—50thDamico Kennard Smith, J.R.—30thDaniel Kenney StellyDeville Lancaster StrainDeWitt LeBlanc TheriotDiez Long ThomasDonelon Martiny Thompson

Page 41 HOUSE37th Day's Proceedings - May 21, 1997

1913

Dupre McCallum ToomyFlavin McDonald VitterFontenot McMains WalsworthForster Michot WigginsFrith Montgomery WindhorstFruge Morrish Wright Total—54

ABSENT

Mr. Speaker Riddle TricheHudson Romero WinstonJetson Schneider Total—8

The amendments were rejected.

Rep. Forster moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:YEAS

Mr. Speaker Fruge PierreAlario Gautreaux PinacAlexander, R.—13th Hammett PowellBarton Heaton RousselleBruce Hebert SalterBrun Hill ScaliseBruneau Hopkins ShawChaisson Hudson Smith, J.D.—50thClarkson Iles Smith, J.R.—30thCrane Jenkins StellyDamico Johns StrainDaniel Kennard TheriotDeville Kenney ThomasDeWitt Lancaster ThompsonDiez LeBlanc ToomyDimos Long VitterDoerge Martiny WalsworthDonelon McCallum WarnerDupre McDonald WestonDurand McMains WigginsFlavin Michot WindhorstFontenot Montgomery WrightForster MorrishFrith Perkins Total—70

NAYS

Alexander, A.—93rd Glover MurrayAnsardi Green OdinetBaudoin Guillory PrattBaylor Holden QuezaireBowler Hunter ThornhillCarter Landrieu TravisCopelin Marionneaux WelchCurtis McCain WilkersonFarve Mitchell Willard-LewisFaucheux Morrell Total—29

ABSENT

Jetson Romero TricheRiddle Schneider Winston Total—6

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Forster moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

Acting Speaker Long in the Chair

HOUSE BILL NO. 1052—BY REPRESENTATIVE BRUNEAU

AN ACTTo amend and reenact R.S. 11:153(D)(1), relative to all state and

statewide public retirement systems; to provide with respect tomilitary service credit and the purchase thereof; and to providefor related matters.

Called from the calendar.

Read by title.

Rep. Bruneau sent up floor amendments which were read asfollows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Bruneau to EngrossedHouse Bill No. 1052 by Representative Bruneau

AMENDMENT NO. 1

On page 1, line 4, between the semi-colon ";" and "and" insert "tofurther provide certain limitations on the use of such credit;"

AMENDMENT NO. 2

On page 2, between lines 16 and 17, insert:

"(iii) Notwithstanding any provision of law, and specificallythis Subsection and Subsections (E) and (F) of this Section to thecontrary, any retiree who has earned benefits equal to one hundredpercent of his average compensation shall be eligible to purchasecredit on an actuarial basis under the provisions of this Subparagraph,but only for the limited purpose of using such credit for survivorbenefits."

On motion of Rep. Bruneau, the amendments were adopted.

Rep. Bruneau moved the final passage of the bill, as amended.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Gautreaux PierreAlario Glover PinacAlexander, A.—93rd Green PowellAlexander, R.—13th Guillory PrattAnsardi Hammett QuezaireBarton Heaton RiddleBaudoin Hebert RomeroBaylor Hill RousselleBowler Holden SalterBruce Hopkins ScaliseBrun Hudson SchneiderBruneau Hunter ShawCarter Iles Smith, J.D.—50thChaisson Jenkins Smith, J.R.—30thClarkson Jetson Stelly

Page 42 HOUSE37th Day's Proceedings - May 21, 1997

1914

Copelin Johns StrainCrane Kennard TheriotCurtis Kenney ThomasDamico Lancaster ThompsonDaniel Landrieu ThornhillDeville LeBlanc ToomyDeWitt Long TravisDiez Marionneaux VitterDimos McCain WalsworthDoerge McCallum WarnerDonelon McDonald WelchDupre McMains WestonDurand Michot WigginsFarve Mitchell WilkersonFaucheux Montgomery Willard-LewisFlavin Morrell WindhorstFontenot Morrish WinstonForster Murray WrightFrith OdinetFruge Perkins Total—103

NAYS

Total—0ABSENT

Martiny Triche Total—2

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Bruneau moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

Speaker Downer in the Chair

Suspension of the Rules

On motion of Rep. Long, the rules were suspended in order totake up Petitions, Memorials and Communications at this time.

Petitions, Memorials andCommunications

The following petitions, memorials, and communications werereceived and read:

Message from the Senate

SIGNED SENATE CONCURRENT RESOLUTIONS

May 21, 1997

To the Honorable Speaker and Members of the House ofRepresentatives:

I am directed to inform your honorable body that the Presidentof the Senate has signed the following Senate ConcurrentResolutions:

Senate Concurrent Resolution Nos. 111 and 112

and ask the Speaker of the House of Representatives to affix hissignature to the same.

Respectfully submitted,

MICHAEL S. BAER, IIISecretary of the Senate

The Senate Concurrent Resolutions contained herein weresigned by the Speaker of the House.

Message from the Senate

SENATE BILLS

May 21, 1997

To the Honorable Speaker and Members of the House ofRepresentatives:

I am directed to inform your honorable body that the Senate hasfinally passed the following Senate Bills:

Senate Bill Nos. 59, 234, 310, 427, 500, 585, 681, 1068, 1482, 1494,1514, 1520, 1523, 1528, 1552, and 1553

Respectfully submitted,

MICHAEL S. BAER, IIISecretary of the Senate

Suspension of the Rules

On motion of Rep. Welch, the rules were suspended in order totake up the bills contained in the message at this time.

Senate Bills and Joint Resolutionson First Reading

The following Senate Bills and Joint Resolutions on first readingwere taken up, read, and placed upon the calendar for their secondreading:

SENATE BILL NO. 59—BY SENATOR GUIDRY

AN ACTTo enact R.S. 32:295.3, relative to school buses; to implement a

school bus safety belt pilot program in East Baton Rouge Parish;to provide for the promulgation of rules and regulations; toprovide that the owner or operator of a school bus shall not beliable for injuries sustained by an individual not wearing a safetybelt or child restraint system; to require a report on the pilotprogram; to require funding of program by the Board ofElementary and Secondary Education to the extent that fundsare appropriated; and to provide for related matters.

Read by title.

SENATE BILL NO. 234—BY SENATOR LANDRY

AN ACTTo amend and reenact R.S. 32:3 and to enact R.S. 32:2(D), Part VI-A

of Chapter 1 of Title 32 of the Louisiana Revised Statutes of1950, to be comprised of R.S. 32:390.1 through 390.4, and R.S.36:409(O), 45:163(E), and 47:802.4, relative to motor carriers;to provide relative to issuance of permits and licenses; to createthe Louisiana Truck Center; to place such center within theDepartment of Public Safety and Corrections; to determinerequired services of such center; to authorize participation ofcertain state agencies; to establish a coordinating authority; to

Page 43 HOUSE37th Day's Proceedings - May 21, 1997

1915

determine responsibilities of such authority; and to provide forrelated matters.

Read by title.

SENATE BILL NO. 310—BY SENATOR HAINKEL

AN ACTTo enact R.S. 14:64.2(C), relative to offenses against property; to

provide with respect to carjacking; and to provide for relatedmatters.

Read by title.

SENATE BILL NO. 427—BY SENATOR HEITMEIER

AN ACTTo amend and reenact R.S. 11:2260(A)(7), relative to the

Firefighters' Retirement System; to provide for computation ofcost-of-living adjustments; to provide for an effective date; andto provide for related matters.

Read by title.

SENATE BILL NO. 500—BY SENATORS HINES AND LANDRY

AN ACTTo enact Part L of Chapter 5 of Title 40 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 40:1300.111 through1300.116, relative to health care; to enact the Rural HospitalPreservation Act; to provide for legislative findings andpurpose; to provide definitions; to provide for certainreimbursements in the state Medicaid plan; to provide forpromulgation of such reimbursement provisions; to prohibitexclusion of hospitals in a rural area from certain health careorganizations; to provide for certain additional protection forhospitals in a rural area; and to provide for related matters.

Read by title.

SENATE BILL NO. 585—BY SENATORS HAINKEL, DARDENNE, EWING AND BAGNERIS

AN ACTTo enact R.S. 9:315.24, relative to child support; to specify that an

obligee of child support may seek enforcement of the obligationby all lawful means, including a revocatory or oblique action; torequire DSS to pursue such action; and to provide for relatedmatters.

Read by title.

SENATE BILL NO. 681—BY SENATOR BARHAM

AN ACTTo enact R.S. 14:72.2, relative to misappropriation without violence;

to provide for the crime of monetary instrument abuse; toprovide definitions and penalties for such an offense; and toprovide for related matters.

Read by title.

SENATE BILL NO. 1068—BY SENATOR GREENE

AN ACTTo enact R.S. 17:3223, relative to institutions of higher education; to

transfer the Louisiana Technical College - New Orleans Campusfrom the State Board of Elementary and Secondary Educationto Delgado Community College under the management of theBoard of Trustees for State Colleges and Universities; toprovide for an independent audit of the accounts of theLouisiana Technical College - New Orleans Campus; to providefor an effective date; to provide with regard to the students,

faculty, employees, property, and programs of the LouisianaTechnical College - New Orleans Campus; to provide for theobligations of both institutions; to provide for admissionrequirements; and to provide for related matters.

Read by title.

SENATE BILL NO. 1482—BY SENATOR LAMBERT

AN ACTTo amend and reenact R.S. 34:2472, relative to the South Louisiana

Port Commission; to provide for the domicile and regularmeeting location for the commission; and to provide for relatedmatters.

Read by title.

SENATE BILL NO. 1494—BY SENATOR SCHEDLER

AN ACTTo amend and reenact R.S. 38:1806(A), relative to public contracts,

works and improvements; to authorize expansion of the size ofthe sales tax district of the Gravity Drainage District No. 3 of theparish of St. Tammany; to provide for the consent of amunicipality's governing authority before being included withinthe sales tax district; to provide for an effective date; and toprovide for related matters.

Read by title.

SENATE BILL NO. 1514—BY SENATORS BAJOIE, HAINKEL, BAGNERIS, JORDAN AND SHORT

AN ACTTo amend and reenact Sections 4(C) and 20 of Act No. 305 of the

1978 Regular Session of the Legislature, as amended by Act No.657 of the 1979 Regular Session of the Legislature, Act No. 99of the 1980 Regular Session of the Legislature, Act No. 9 of the1980 Second Extraordinary Session of the Legislature, Act No.287 of the 1982 Regular Session of the Legislature, Act No. 572of the 1984 Regular Session of the Legislature, Act No. 390 ofthe 1987 Regular Session of the Legislature, Act No. 43 of the1992 Regular Session of the Legislature, Act No. 1013 of the1993 Regular Session of the Legislature, and Acts 13 and 42 ofthe 1994 Regular Session of the Legislature, and to amend andreenact Section 1 of Act 1096 of the 1995 Regular Session ofthe Legislature and Section 1 of Act 45 of the 1996 RegularSession of the Legislature concerning a provision for a certaincapital outlay project, and to enact Section 4(P) of Act No. 305of the 1978 Regular Session of the Legislature, all relative to theErnest N. Morial Convention Center-New Orleans; to provideto the New Orleans Exhibition Hall Authority authorizations forthe acquisition of property; to provide for values for propertyacquired or disposed of; to provide for expansion projects andthe sites thereof; and to provide for related matters.

Read by title.

SENATE BILL NO. 1520—BY SENATOR DARDENNE

AN ACTTo amend and reenact R.S. 22:202(2) relative to health insurance; to

provide for definitions of viatical settlement broker; and toprovide for related matters.

Read by title.

Page 44 HOUSE37th Day's Proceedings - May 21, 1997

1916

SENATE BILL NO. 1523—BY SENATOR SCHEDLER

AN ACTTo enact R.S. 33:2335.1, relative to mutual aid between local police

departments; to provide for aid to be provided to a requestingagency; to provide for the authority of law enforcementpersonnel; to define "emergency"; to provide for liability; toprovide that no charge shall be made for services rendered; andto provide for related matters.

Read by title.

SENATE BILL NO. 1528—BY SENATOR HOLLIS

AN ACTTo enact Subpart J of Chapter 1 of Title 51 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 51:463 through 467,relative to advertisements; to prohibit certain practices; toprovide for civil and criminal penalties and other actions andprocedures for violations; and to provide for related matters.

Read by title.

SENATE BILL NO. 1552 (Substitute for Senate Bill 739 bySenator Heitmeier)—BY SENATORS IRONS, DARDENNE, EWING AND ULLO

AN ACTTo amend and reenact R.S. 46:1608(E) and to enact R.S. 46:932(13)

and (14), relative to the office of elderly affairs; to require theoffice to develop a plan for the delivery of services to theelderly; to provide for reporting of the plan; to authorize theoffice to approve additional senior centers; to provide relativeto funding the parish councils on aging; and to provide forrelated matters.

Read by title.

SENATE BILL NO. 1553 (Substitute for Senate Bill 741 bySenator Heitmeier)—BY SENATORS IRONS, DARDENNE, EWING, HINES, CASANOVA,BAJOIE, DYESS, LANDRY, SCHEDLER AND ULLO

AN ACTTo amend and reenact R.S. 14:403.2(B)(2), (D)(1), (E)(7), and the

introductory paragraph of (K) and to enact R.S.14:403.2(B)(11), (D)(3), and (F)(3), relative to abuse of theelderly; to define terms; to provide for reporting of allegedabuse or neglect; to provide for referral of such reports; toprovide for orders of protective custody or judicial commitment;to provide relative to production of certain evidence; to providefor immunity under certain circumstances; and to provide forrelated matters.

Read by title.

Introduction of Resolutions,House and House Concurrent

The following members introduced the following entitled Houseand House Concurrent Resolutions, which were read the first time bytheir titles and placed upon the calendar for their second reading:

HOUSE RESOLUTION NO. 60—BY REPRESENTATIVES R. ALEXANDER AND MONTGOMERY

A RESOLUTIONTo express the concern of the members of the House of

Representatives regarding public employees whose actions tendto perpetuate the stereotype of lining their pockets withoutregard or appreciation for the citizens of the state who financetheir lifestyle.

Read by title.

Lies over under the rules.

HOUSE CONCURRENT RESOLUTION NO. 192—BY REPRESENTATIVE WALSWORTH

A CONCURRENT RESOLUTIONTo urge and request the Louisiana Lottery Corporation not to expend

money on advertising to induce people to participate in thelottery.

Read by title.

Lies over under the rules.

Reports of Committees

The following reports of committees were received and read:

Report of the Committee on Appropriations

May 21, 1997

To the Speaker and Members of the House of Representatives:

Pursuant to a meeting held on May 20, 1997, I am directed byyour Committee on Appropriations to submit the following report:

House Bill No. 137, by WilkersonReported favorably. (9-6) (Regular)

House Bill No. 431, by WilkersonReported favorably. (11-0) (Regular)

House Bill No. 510, by CraneReported by substitute. (12-0)

House Bill No. 710, by BartonReported with amendments. (9-3) (Regular)

House Bill No. 775, by WilkersonReported favorably. (11-0) (Regular)

House Bill No. 1318, by LeBlancReported favorably. (12-0) (Regular)

House Bill No. 1357, by ScaliseReported with amendments. (12-0) (Regular)

House Bill No. 1442, by ClarksonReported favorably. (9-0-1) (Regular)

House Bill No. 1505, by ClarksonReported favorably. (10-0) (Regular)

House Bill No. 1598, by ClarksonReported favorably. (6-5) (Regular)

House Bill No. 1634, by McCallumReported with amendments. (14-0) (Regular)

House Bill No. 1820, by McMainsReported with amendments. (11-0) (Regular)

House Bill No. 1876, by WigginsReported favorably. (9-0-1) (Regular)

House Bill No. 1952, by HebertReported with amendments. (11-0) (Regular)

Page 45 HOUSE37th Day's Proceedings - May 21, 1997

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House Bill No. 2367, by DownerReported with amendments. (12-0) (Regular)

House Bill No. 2377, by WilkersonReported with amendments. (11-0) (Regular)

House Bill No. 2421, by WarnerReported favorably. (9-0-1) (Regular)

House Bill No. 2475, by LeBlancReported favorably. (9-0-1) (Regular)

JERRY LUKE LEBLANCChairman

Report of the Committee onAdministration of Criminal Justice

May 21, 1997

To the Speaker and Members of the House of Representatives:

I am directed by your Committee on Administration of CriminalJustice to submit the following report:

House Bill No. 460, by WindhorstReported with amendments. (11-0-0) (Regular)

House Bill No. 928, by FaucheuxReported with amendments. (6-0-1) (Regular)

House Bill No. 1814, by FaucheuxReported with amendments. (6-0-1) (Regular)

House Bill No. 1872, by HoldenReported with amendments. (9-0-1) (Regular)

House Bill No. 2107, by ThornhillReported favorably. (6-0-1) (Regular)

House Bill No. 2135, by WindhorstReported favorably. (6-0-1) (Regular)

House Bill No. 2279, by WelchReported with amendments. (4-3-1) (Regular)

House Bill No. 2391, by WigginsReported with amendments. (7-0-1) (Regular)

Senate Bill No. 29, by HinesReported favorably. (6-0-1) (Regular)

Senate Bill No. 30, by HinesReported favorably. (6-0-1) (Regular)

STEPHEN J. WINDHORSTChairman

The above Senate Bills reported favorably or with amendmentswere referred to the Legislative Bureau.

Report of the Committee onHouse and Governmental Affairs

May 21, 1997

To the Speaker and Members of the House of Representatives:

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

House Resolution No. 55, by CopelinReported by substitute. (12-0)

House Concurrent Resolution No. 69, by DownerReported favorably. (7-0-1)

House Bill No. 1941, by ClarksonReported with amendments. (8-0) (Regular)

House Bill No. 2244, by DownerReported by substitute. (7-0-1)

House Bill No. 2284, by HebertReported with amendments. (8-0) (Regular)

House Bill No. 2468, by WindhorstReported favorably. (10-0) (Regular)

Senate Concurrent Resolution No. 30, by DardenneReported favorably. (8-0)

Senate Concurrent Resolution No. 40, by M. SmithReported with amendments. (8-0)

Senate Concurrent Resolution No. 50, by HainkelReported with amendments. (8-0)

Senate Concurrent Resolution No. 54, by GuidryReported with amendments. (11-0)

Senate Bill 359, by GreeneReported with amendments. (12-0) (Duplicate)

Senate Bill No. 1135, by BranchReported favorably. (11-0) (Regular)

Senate Bill No. 1136, by DeanReported with amendments. (8-0) (Regular)

CHARLES D. LANCASTER, JR.Chairman

The above Senate Bills reported favorably or with amendmentswere referred to the Legislative Bureau.

Report of the Committee on Education

May 21, 1997

To the Speaker and Members of the House of Representatives:

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

House Concurrent Resolution No. 183, by BrunReported favorably. (12-0)

House Bill No. 2483, by PrattReported by substitute. (13-0)

Senate Bill No. 60, by SchedlerReported favorably. (12-0) (Regular)

ROY BRUNChairman

Page 46 HOUSE37th Day's Proceedings - May 21, 1997

1918

The above Senate Bills reported favorably or with amendmentswere referred to the Legislative Bureau.

Report of the Committee on Health and Welfare

May 21, 1997

To the Speaker and Members of the House of Representatives:

I am directed by your Committee on Health and Welfare tosubmit the following report:

House Concurrent Resolution No. 180, by Rodney AlexanderReported favorably. (9-0)

House Bill No. 2435, by FontenotReported with amendments. (10-5) (Regular)

Senate Bill No. 172, by HinesReported favorably. (9-0) (Regular)

Senate Bill No. 595, by HainkelReported favorably. (9-0) (Regular)

Senate Bill No. 1360, by LandryReported favorably. (9-0) (Regular)

Senate Bill No. 1419, by HainkelReported with amendments. (9-0) (Regular)

RODNEY ALEXANDERChairman

The above Senate Bills reported favorably or with amendmentswere referred to the Legislative Bureau.

Report of the Committee on Insurance

May 21, 1997

To the Speaker and Members of the House of Representatives:

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

House Resolution No. 41, by BowlerReported favorably. (10-0)

House Bill No. 657, by PerkinsReported favorably. (9-0) (Regular)

Senate Bill No. 190, by BeanReported favorably. (8-0) (Regular)

Senate Bill No. 528, by GuidryReported favorably. (8-0) (Regular)

Senate Bill No. 796, by BagnerisReported favorably. (7-0) (Regular)

Senate Bill No. 1055, by CravinsReported favorably. (8-0) (Regular)

Senate Bill No. 1309, by BeanReported with amendments. (9-0) (Regular)

Senate Bill No. 1416, by BeanReported with amendments. (11-0) (Regular)

JAMES DONELONChairman

The above Senate Bills reported favorably or with amendmentswere referred to the Legislative Bureau.

Report of the Committee on Natural Resources

May 21, 1997

To the Speaker and Members of the House of Representatives:

I am directed by your Committee on Natural Resources tosubmit the following report:

House Resolution No. 58, by DownerReported favorably. (14-0)

House Bill No. 1473, by RousselleReported with amendments. (8-5) (Regular)

House Bill No. 1784, by DeWittReported with amendments. (14-0) (Regular)

House Bill No. 1785, by DeWittReported favorably. (11-0) (Regular)

House Bill No. 1994, by DeWittReported favorably. (10-0) (Regular)

Senate Concurrent Resolution No. 11, by UlloReported with amendments. (11-0)

Senate Concurrent Resolution No. 51, by HainkelReported favorably. (10-0)

Senate Bill No. 22, by CampbellReported favorably. (10-0) (Consent)

Senate Bill No. 147, by BeanReported with amendments. (11-0) (Regular)

Senate Bill No. 270, by UlloReported with amendments. (11-0) (Regular)

Senate Bill No. 524, by RobichauxReported favorably. (10-0) (Regular)

Senate Bill No. 534, by HainkelReported favorably. (11-0) (Regular)

Senate Bill No. 535, by HainkelReported with amendments. (10-0) (Regular)

Senate Bill No. 542, by HainkelReported with amendments. (10-0) (Regular)

Senate Bill No. 543, by HainkelReported favorably. (11-0) (Regular)

Senate Bill No. 544, by HainkelReported favorably. (11-0) (Regular)

Senate Bill No. 545, by HainkelReported favorably. (11-0) (Regular)

Senate Bill No. 546, by HainkelReported favorably. (10-0) (Regular)

Page 47 HOUSE37th Day's Proceedings - May 21, 1997

1919

Senate Bill No. 548, by HainkelReported favorably. (11-0) (Regular)

Senate Bill No. 551, by HainkelReported favorably. (10-0) (Regular)

Senate Bill No. 573, by HainkelReported favorably. (10-0) (Regular)

Senate Bill No. 703, by MaloneReported favorably. (10-0) (Regular)

Senate Bill No. 972, by HainkelReported with amendments. (7-4) (Regular)

Senate Bill No. 1105, by RobichauxReported with amendments. (10-0) (Regular)

Senate Bill No. 1108, by RobichauxReported with amendments. (12-0) (Regular)

Senate Bill No. 1467, by RobichauxReported with amendments. (11-0) (Regular)

JOHN R. SMITHChairman

The above Senate Bills reported favorably or with amendmentswere referred to the Legislative Bureau.

Senate Bills and Joint Resolutions onSecond Reading to be Referred

The following Senate Bills and Joint Resolutions on secondreading to be referred were taken up, read, and referred tocommittees, as follows:

SENATE BILL NO. 272—BY SENATOR LANDRY

AN ACTTo amend and reenact R.S. 34:2471(A) and 2472, relative to ports;

to provide relative to members of the South Louisiana PortCommission; to require appointment by the governor undercertain conditions; to require Senate confirmation; to provide forretroactive application; to provide for qualifications; to providefor the domicile of such commission; and to provide for relatedmatters.

Called from the calendar.

Read by title.

Under the rules, the above bill was referred to the Committee onTransportation, Highways and Public Works.

SENATE BILL NO. 420—BY SENATOR MALONE

AN ACTTo enact R.S. 9:2800.11, relative to limitations on damages; to limit

the recovery for certain damages arising from the operation ofa motor vehicle; and to provide for related matters.

Called from the calendar.

Read by title.

Motion

Rep. Donelon moved that Senate Bill No. 420 be designated asa duplicate of House Bill No. 2513.

Which motion was agreed to.

Under the rules, the above bill was referred to the Committee onCivil Law and Procedure.

SENATE BILL NO. 1350—BY SENATORS BAJOIE AND GUIDRY

AN ACTTo amend and reenact R.S. 22:657(D)(2), relative to emergency care;

to prohibit pre-certification for an emergency medical condition;to provide for coverage in certain circumstances; to prohibitcertain health care organizations from denying or reducingpayments in certain circumstances; to provide for penalties; andto provide for related matters.

Called from the calendar.

Read by title.

Under the rules, the above bill was referred to the Committee onInsurance.

SENATE BILL NO. 1155—BY SENATORS BAGNERIS AND SCHEDLER

AN ACTTo amend and reenact Civil Code Arts. 394 and 405, Code of Civil

Procedure Art. 4549, and to repeal Civil Code Arts. 400 and401, relative to interdiction and curatorship; to provide fornotice and hearing in a suit for the appointment of a provisionalcurator; to provide criteria for appointment of a provisionalcurator; to provide for the powers and duration of a provisionalcurator; and to provide for related matters.

Called from the calendar.

Read by title.

Under the rules, the above bill was referred to the Committee onCivil Law and Procedure.

Suspension of the Rules

On motion of Rep. Toomy, the rules were suspended to permitthe Committee on Judiciary to meet on Thursday, May 22, 1997.

Suspension of the Rules

On motion of Rep. Forster, the rules were suspended to permitthe Committee on Labor and Industrial Relations to meet onThursday, May 22, 1997.

Suspension of the Rules

On motion of Rep. Weston, the rules were suspended to permitthe Committee on Municipal, Parochial and Cultural Affairs to meeton Thursday, May 22, 1997.

Leave of Absence

Rep. Triche - 1 day

Page 48 HOUSE37th Day's Proceedings - May 21, 1997

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Adjournment

On motion of Rep. Alario, at 7:00 P.M., the House agreed toadjourn until Thursday, May 22, 1997 at 11:00 A.M.

The Speaker of the House declared the House adjourned until11:00 A.M., Thursday, May 22, 1997.

ALFRED W. SPEERClerk of the House

C. Wayne HaysJournal Clerk, Emeritus