senate.legis.state.la.ussenate.legis.state.la.us/.../2007/RS/Journals/06-25-2007.pdf2007/06/25 · 1071 OFFICIAL JOURNAL OF THE SENATE OF THE STATE OF LOUISIANA _______ THIRTY-THIRD

1071

OFFICIAL JOURNALOF THE

SENATEOF THE

STATE OF LOUISIANA_______THIRTY-THIRD DAY'S PROCEEDINGS_______

Thirty-Third Regular Session of the LegislatureUnder the Adoption of the

Constitution of 1974_______

Senate ChamberState Capitol

Baton Rouge, LouisianaMonday, June 25, 2007

The Senate was called to order at 9:00 o'clock A.M., by Hon.Donald E. Hines, President of the Senate.

ROLL CALLThe roll being called, the following members answered to their

names:PRESENT

Mr President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MountBajoie Fontenot MurrayBarham Gautreaux B NeversBoasso Gautreaux N QuinnBroome Heitmeier RomeroCain Hollis SchedlerCassidy Jackson ShepherdChaisson Jones SmithCheek Kostelka TheunissenCravins Lentini UlloDuplessis Malone Total - 38

ABSENT

Michot Total - 1

The President of the Senate announced there were 38 Senatorspresent and a quorum.

PrayerThe prayer was offered by Pastor Charles Wallace, following

which the Senate joined in pledging allegiance to the flag of theUnited States of America.

Reading of the JournalOn motion of Senator Ullo, the reading of the Journal was

dispensed with and the Journal of yesterday was adopted.

Morning Hour

Messages from the GovernorThe following messages from the Governor were received and

read as follows:

STATE OF LOUISIANAOffice of the Governor

Baton Rouge, Louisiana 70804

June 25, 2007

Honorable Donald E. Hines, MDLouisiana State SenateP.O. Box 94183Baton Rouge, LA 70804

Attention: Mrs. Yolanda Dixon

Honorable President and Ladies and Gentlemen of the Senate:

Please be advised that the following individuals on the attachedlist have been appointed to the offices indicated.

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

Appreciatively,KATHLEEN BABINEAUX BLANCO

Governor

2007 Regular Session Subm ission List for Senate Confirm ation

Addictive Disorders Regulatory AuthorityElsie J. Brown William E. Rose, Jr.Kevin T. James Paul M. SchoenMichael Leo Kudla, M.D. Camye B. ThibodauxStephanie B. Mayet Martin Thibodeaux, III

Aging, Louisiana Executive Board onMiles K. Luke

Airport AuthorityRobert Anthony Barbera Arnold Joseph Labat

Amite River Basin Drainage and Water Conservation DistrictHugh J. Johnson Larry N. Thomas

Archaeological Survey and Antiquities Com missionMark Augustine Rees Michael Lynn Tarpley

Architectural Exam iners, State Board ofRobert William McKinney

Associated Branch Pilots of the Port of New OrleansBrandon Lee Waag

Atchafalaya Basin Levee District, Board of Com missionersMoise J. LeBlanc, Jr.

Bayou D’Arbonne Lake Watershed DistrictStephen W. Cagle Noel B. James, IIHerbert F. Hohlt William E. RoarkMicki W. Horrell

Bayou Desiard Lake Restoration Com missionMichael S. Breen

Bayou Lafourche Fresh Water DistrictCarol R. LeBlanc

Bossier Levee District, Com missioners ofJeffrey Alan Free James Loyd Rabb

Cane Waterw ay Com missionPaul G. Khoury Margaret W. Vienne

Capital Area Ground Water Conservation District BoardIvy Dale Aucoin John C. Hashagen Jonathan K. Causey James T. Rills

Capital Area Hum an Services DistrictLouis C. Askins Gail M. HurstAnnette D. Barton Rebekah “Becky” A. KatzDana Carpenter Lisa A. OgdenJan V. Drinkwater Ann Wilkinson

Page 2 SENATE 33rd DAY'S PROCEEDINGSJune 25, 2007

1072

Cemetery BoardAnn Brady Clement

Central Com munity School System , Interim School BoardMorris Lavelle Anderson James Wise Gardner, Ed.D.Sharon Diane Watts Browning Wilfred Martin GuilbeauWilliard Morris Easley Russell Myron StarnsRuby Wallette Foil

Child Care Facilities and Placing Agencies, Advisory Committeeon Licensing ofSamantha L. Clarke Dena C. MorrisonPatti V. Endsley Sue D. PeaceShedrick D. Hawkins Tamara D. SabineKimberly A. Leija Lisa M. Moore TeerTonia Z. Loria

Chiropractic Exam iners BoardDr. Michael R. Cavanaugh Kim M. Hardy

Citizens Property Insurance Corporation Board of DirectorsAnn Marie Metrailer

Coastal Protection, Restoration, and Conservation, AdvisoryCommission onCharles H. Reppel

Commerce and Industry, Board ofRonald H. Bordelon Christopher Kyle WolffJerry R. Thibeau

Community and Technical Colleges, Board of SupervisorsErle Edwards Barham Michael J. MurphyHelen Bridges Carter Frederick Michael StoneThomas Malcolm Clark Geraldine Grissette TaylorKeith Eric Gamble

Contractors, State Licensing Board forTara M. Brown Garland Glenn MeredithAugust Raymond Gallo, Jr. Byron E. TalbotKenneth Wayne Jones Victor Frederick WestonDonald G. Lambert

Dairy Stabilization BoardVincent A. Cannata Gerry R. LaneMary Lundin Caplinger Hillar C. Moore, Jr.Russell Dennis Cogan Daryl E. RobertsonDean M. Graner Vernon E. Toups, Jr.

Commission for the DeafMatthew J. Rovira

State Board of DentistryHerman O. Blackwood, III Charles T. McCabe, Jr.Christine M. Guillaume

Developmental Disabilities Council, LouisianaSusan J. Berry, M.D. Augustina A. LorenzoTrudye Y. Jones William E. Payne, Jr.

Dietetics and Nutrition, State Board of Exam inersDr. Drake E. Bellanger Teena Bromell DoxeyPeggy B. Bourgeois

Disability Affairs, Governor’s Advisory Council onRosalyn M. Conrad Wanda G. LiretteBenjamin J. Cornwell Patricia R. MannReginald B. Garey Richard ThevenetRobert B. Jones Mattie M. WilsonJulia A. Kenny

DWI-Vehicular Hom icide Task Force, Governor’sSeton Elizabeth Jenkins

Econom ic Development Corporation, LouisianaTheodore Wonders Jones Lawrence A. Melsheimer

Econom ic Development Council, LouisianaArlena Acree Joe G. HolyfieldDonna Carville Victor R. LafontKatie S. Chiasson W. Dwight LandreneauSenator Ann D. Duplessis Dennis E. LowerGregory Gothreaux Kristin P. PalmerGeorge L. Grace, Sr. David E. Wood

Education Estim ating ConferenceDoreen Brasseaux

Educational Television Authority, LouisianaRobert C. Davidge, Jr. Patricia H. Smith

Embalm ers and Funeral Directors BoardAndrew W. Hayes

Emergency Response Netw ork, Louisiana (LERN) BoardColetta Cooper Barrett Gary R. Peters

Employment Security Board of ReviewMary Jane Diez

Environm ental Quality, Departm ent ofThomas Carrol Bickham, III

Ethics, Board ofJoanne C. Ferriot, Ph.D.

Fifth Louisiana Levee District, Board of Com missionersJack Mervin Varner, Jr.

Folklife Com missionAllison H. Pena

Gam ing Control BoardCalvin W. Braxton Velma C. RogersClaude Mercer

Geographic Inform ation System s CouncilMarshall Shane Breland

Greater Baton Rouge Port Com missionGrady H. Crawford, Jr. Hall L. Davis, IV

Greater New Orleans Expressw ay Com missionKyle M. France Lawrence M. RasePatricia LeBlanc

Greater Ouachita Port Com missionJames T. Lee, Sr. Matthew D. Sanderson

Group Benefits Policy and Planning BoardDr. Stan J. Mays Aubrey T. Temple, Jr.

Health and Hospitals, Departm ent ofHugh Rufus Eley

Health Works CommissionCarla Marie Landry

Hearing Aid Dealers BoardGerald L. Cockerham Diane P. SasserLouis Leger, Jr. Theresa Renee Singleton

33rd DAY'S PROCEEDINGS Page 3 SENATEJune 25, 2007

1073

Highw ay Safety Com missionErroll C. Babineaux, Jr. Joseph D. MiliotoStephen J. Gremillion Charles Wilton TappOrian A. Gulotta Mayor Deano B. Thornton

HIV, AIDS and Hepatitis C, Louisiana Com mission onKeith Joseph Breaux Shirley A. LolisBarbara Gilcrease Brown Brobson Lutz, MDCarol Elise Duvall Robert Talmadge Maupin, Jr., MDStacy Abdual Greene, MD Rev. Dr. Emanuel P. McIntyreDeAnn Marie Gruber, PhD Enrique MorescoDeborah A. Guillory Joni Ferguson NickensJacqueline Louvenia Hall John Andrew PerryArnold Joseph Johnson Christina Jean PriceRev. Charles Dana Krutz Kira Zoe RadtkeFrances Lawless Sharon A. Stewart-DeCuirJanet Elisabeth Leigh, DMD Marie Lambert SylvesterRhonda Renee Litt James Russell Willis, PhD

Housing Finance Agency, LouisianaGuy T. Williams

Hurricane Katrina Mem orial Com missionRonald J. Bechet, Jr. Steve L. DumezWilliam Lake Douglas Cheryl A. Hayes

Interior Designers, Board of Exam iners ofJames Edward Dixon, Jr. Deborah Susan SteinmetzCarolyn Snow Sawyer

Interstate 49 South Project Task ForcePeter F. Trivis, Jr.

John Kelly Grand Bayou Reservoir DistrictRosie A. Mosely

Labor, Departm ent ofDonald Ray Ford

Lake Charles Harbor and Term inal DistrictDavidson J. Darbone Stephen Lee Hebert

Law Enforcem ent Executive Managem ent Institute BoardWilliam “Bill” P. Landry Ronald E. SchleuterChief Patrick M. LaSalle

Library, Board of Com missioners of the Louisiana StateBlaise M. Sonnier Evelyn H. ValoreTania C. Tetlow

Licensed Professional Counselors Board of Exam inersCharles A. Gagnon June M. WilliamsVera B. Triplett

Life Safety and Property Protection Advisory BoardRoger Robert Bourgeois Clayton Joseph Norred, Jr.Timothy Gremillion Crockett Danny Ray NorthcuttDera Deroche-Jolet James Lee QueenMitchell Mack Ewing, Sr. David Joseph SisolakWilliam Louis Hattier Kay Fudickar ThornEric Joseph Houin

Lottery Corporation, Board of Directors of the Louisiana StateKay Miriam Begue Albert Fredrick ColeEva Francis Breaux

Louisiana Em ergency Response Com mission (LERC)Kelvin James Cochran Cynthia A. MontzDudley R. Dixon Andrew Gerard MosherSharlot C. Edwards Robert F. Odom, Jr.David Jeffrey Gleason Gerald Nicky PrejeanVictor Charles Howell Roy Alex Robichaux, Jr.Robert L. Johannessen Earl Patrick Santos, Jr.Victor Edward Jones, Jr. Col. Perry Jeff Smith, Jr.

Chief Claude Jeffrey LeDuff Wilma Alpha SubraHarold Gordon Leggett Captain Donald Dewayne WhiteMickey Darren McMorris

LSU Board of SupervisorsHon. Anthony Gerard Falterman Stanley J. JacobsJohn F. George, Jr. Alvin E. Kimble

Manufactured Housing State Adm inistrative AgencySammy J. Hoover

Medicaid Pharm aceutical and Therapeutics Com mitteeMary L. Gauthier-Lewis Kenyatta D. ShamlinDonald R. Parker

Midw ifery, Advisory Com mittee onJara Hill Ahrabi

Military Fam ily Assistance BoardCarla A. Harmon Sulanda V. LonnetteBrian P. Jakes, Sr.

Mineral Board, StateLloyd John Badeaux Bradley Douglas Becnel

Morgan City Harbor and Term inal DistrictDeborah Blanchard Garber

Museum , Board of Directors of StateRhenda Cofer Saporito Evelyn Gordon ZimmermannMadeline Doucet West

Music Com mission, LouisianaWilliam R. Boles, Jr. Johnny R. PalazzottoKenneth A. Brobst Arthur C. PulitzerMarcus L. Brown Cynthia Getz SimienGregory Davis John N. SnyderEdgar D. Gankendorff Lisa R. StaffordErnest H. Lampkins Maggie L. WarwickDonald K. Marshall Roxy L. WrightStephen T. Mouton

Natural Resources, Departm ent ofMarjorie Ann McKeithen

Naval War Memorial CommissionPhillip L. Frost David C. SoulierJerry D. Pugh

New Orleans Center for Creative Arts/RiverfrontAnne W. Gisleson Claudette SisloJamil H. Sharif

Nineteenth Louisiana Levee DistrictGary Lynn Walker

New Orleans and Baton Rouge Steamship Pilots for theMississippi, Board of Exam inersVictor Guy Calvaruso

Nursing, Louisiana State Board ofPatricia R. Johnson Deborah Dianne Olds, RN

Occupational Forecasting ConferenceLouis S. Reine

Optom etry Exam iners BoardDr. Jack “Jay” Miller, Jr.

Orleans Parish Jury Com missionShelia M. Collins-Stallworth


1074

Oyster Lease Dam age Evaluation BoardDavid A. Cagnolatti

Parish Board of Election SupervisorsCynthia M. Benitez Idell Wheelock SnowdenSandra M. Morel John Albert Stewman

Patient’s Com pensation Fund Oversight BoardVincent Anthony Culotta Jr., M.D.Joseph Alan DonchessMelanie Crump Firmin McMullen, M.D.

Pharm acy, Louisiana Board ofJoseph L. Adams Chris B. MelanconLois R. Anderson Blake P. PitreBrian A. Bond T. Morris Rabb

Physical Therapy Exam iners, State Board ofKara McGrew Williams

Pilotage Fee Com missionWilliam S. App, Jr. Eugene M. TaftGregory M. Bowser

Plum bing BoardJohnny R. Gypin

Polysomnography, Advisory Com mittee onJohn E. Barrios Janardana P. Kaimal, MDWilliam F. Barrow, II Mark A. McCarthy, MDJoseph Y. Bordelon, MD Christine SoileauGay G. Bourgeois Lori L. SpeyrerLea M. Desmarteau

Pontchartrain Levee District Com missionersMichael D. DeLaune Chucky Tillis

Practical Nurse Exam iners BoardDr. Brian J. LeBlanc

Prescribed Fire CouncilMichael G. Rogers

Prison Enterprises BoardJoseph M. Ardoin, Jr.

Private Security Exam iners, State BoardChristine M. Vinson

Professional Engineers and Land Surveying Board, LouisianaRoger Dale Danzy Richard L. SavoieDr. Norma Jean Mattei

Psychologists Exam iners BoardJoseph E. Comaty, PhD

Public Facilities Authority, Board of Trustees of theJohn Bernhardt Sara Ann Roberts

Public Safety and Corrections, State Departm ent ofPaul Eugene Smith

Racing Com mission, Louisiana StateJonathan B. Andry

Radiologic Technology Board of Exam inersEdward Ira Bluth, MD Abbie Annette Kemper-Martin, MD

Real Estate Com missionKeitha L. Avant Frank A. TrapaniMichael Bono

Recovery Authority, LouisianaJohn P. Brewster David M. RichardAlex B. Johnson Dennis N. Stine

Recreational and Used Motor Vehicle Com mission, LouisianaW. Paul Rossi Byron L. WrightJanai L. Sharkey

Red River Waterw ay Com missionBruce S. Easterly

Regents, Board ofRobert John Bruno Honorable Robert Wallace LevyMaurice Cockerham Durbin Victor Theodore StellyDonna Guinn Klein Harold Montgomery Stokes, M.D.

Rehabilitation Council, LouisianaPamela D. Allen Keita O. RoneCindy L. Arceneaux Harold L. Rosbottom, Jr.Yvonne B. Bell Phil J. TempletJohnny A. Morris Kenneth R. ZanglaElaine S. Richard

Residential Building Contractors Subcom itteeDana P. Dugas Charles A. VascocuKenneth W. Jones Ilone K. WendelPatrick L. LeBlanc

Revenue, State Departm ent ofShone Therese Pierre

Rice Research BoardClarence A. Berken Robert H. Miller, Sr.Donald J. Berken Samuel J. NoelJohn W. Boudreaux Brian T. WildRichard B. Fontenot Wayne P. WildDane L. Hebert Frederick C. ZaunbrecherJohn C. Hensgens Linda G. ZaunbrecherPaul H. Loewer, Jr.

River Pilot Review and Oversight, Board of LouisianaRichard Michael Lyons Urban Louis Treuil, Jr.

River Port Pilots for the Port of New OrleansBryan T. Achee Jarrett B. McNeelyJames B. Cramond Sidney Michael SylvesterMitchell A. Gibbs

River Region Cancer Screening and Early DetectionAlvin James Stephen

Road Hom e Corporation Board of DirectorsErnest Broussard, Jr. Gerald G. Reaux, Jr.Simone B. Champagne David R. VoelkerKathleen B. Dyson Joseph E. WilliamsWalter J. Leger, Jr.

Sabine River Authority, Board of Com missionersRobert Dawayne Conyer Bobby Eugene WilliamsHenry Ned Goodeaux

Serve Com mission, LouisianaLynda J. Anthony Claude Cammack MortonSenator Ann D. Duplessis Pamela G. OlsonSibal S. Holt Charles A. Riddle, IIIRaymond A. Jetson Caroline E. RoemerMaria Begona Landry Andrea M. ShyneHelen M. Lewis Minette Denise ThorntonA. Carter Mills, IV


1075

Social Work Exam iners BoardWendy Shornstein Good Roslyn Chanelle RichardsonMichael Hickerson

South Lafourche Levee District Com missionersRichard “Dick” P. Guidry

South Tangipahoa Parish Port Com missionJames P. Layrisson

Southeast Louisiana Flood Protection Authority-EastDavid Plank Barnes, Jr. Larry Abraham McKeeJohn Morris Barry Ricardo Steven PinedaTimothy Patrick Doody Sara Lee St. VincentStradford Anthony Goins Abril Baloney SutherlandThomas L. Jackson Louis Emile WittieGeorge Losonsky, PhD

Southeast Louisiana Flood Protection Authority-West BankDavid Joseph Bindewald, Sr. Michael Louis MerrittRobert Edward Howson Mark Lee MorganKerwin Edred Julien, Sr. Joannes Jacobus Westerink, PhDSusan Helen Maclay

Southern Rapid Rail Transit Com missionGary Wayne Devall Dewitt Jerome Wall, IIIRepresentative Wayne Waddell

Southern University Board of SupervisorsAntonio M. Clayton Worlita L. Jackson-WilliamsWarren Anthony Forstall Elvin Pradia

Sparta Groundw ater Conservation DistrictCharles S. Aycock Samuel P. LittleJohn Van Bennett Olevia D. McDonaldKim L. Brantley Billy Don PerrittGary D. Carlisle Bobby E. PriceThomas “Gene” E. Coleman George W. Rolfe, Jr.William T. Culpepper Dr. Alice A. StewartEdward Dayton Dennis Woodward

Speech-Language Pathology and Audiology, Board of Exam inersGaddie Pearl Baker Glenn Michael Waguespack

Stadium and Exposition District Com missioner (L.S.E.D.)Ellen Claire Southerland

State Interagency Coordinating CouncilRobin Gonsoulin Boudreaux Christy Lynne Papania-JonesMichelle Gervais Folse Rep. Karen Gaudet St. GermainValarie Ann Laday

Statew ide Independent Living CouncilRev. Mallery Callahan Diane G. FrugeLanor E. Curole Mitchell L. GrangerLarry N. Dale Maurice H. LamotheAnna Gale Dean Diane MirvisMark Ford Brenda G. SingelmannRoni Jo Frazier Phil J. Templet

State wide Interoperable Com munication System ExecutiveCommitteeSyed Rizwan Ahmed

Tensas Basin Levee District, Board of Com missionersHamilton D. Keahey

Terrebonne Levee and Conservation DistrictKaren D. Dillard

Tobacco Settlem ent Financing Corporation BoardBridgett E. Brown Byron E. TalbotCasey J. Robin

Tourism Promotion District, Board of Directors of the LouisianaElizabeth Bond McDougall Tonnette Eugene Rice

Transportation and Developm ent, Departm ent ofEric Ireland Kalivoda, PhD Edmond J. Preau, Jr.

Uniform Construction Code CouncilRickey L. Fabra Michael Roy Landry

University of Louisiana System Board of SupervisorsPaul Gerard Aucoin Russell Long MoselyVictor Bussie Clyde L. Rougeou, Jr.Renee Anne Lapeyrolerie Winfred F. SibilleJimmy D. Long, Sr.

Veterans Affairs Com missionDon A. Beasley Sulanda V. LonnetteCharles E. Huggins

Veterinary Medicine Exam iners BoardJohn Clyde Prejean, DVM Brent Dennis Robbins, DVM

Vocational Rehabilitation Counselors Board of Exam iners,Louisiana LicensedAshley E. Bryars William R. NaquinMadan M. Kundu

Wholesale Drug DistributorsRandall Brooks William S. Crates

Wildlife and Fisheries Com missionStephen Joseph Oats

Wildlife and Fisheries, State Departm ent ofBryant O. Hammett, Jr.

Workers’ Com pensation CorporationJames “Jim” Hall

Workforce CommissionSteven M. Bossier Joan K. MollohanJulie T. Cherry Edward L. RisponeJames B. Henderson Ernest C. StephensBruce C. Leininger Jevon H. Williams

Messages from the HouseThe following Messages from the House were received and read

as follows:

Message from the HouseCONCURRING IN

SENATE CONCURRENT RESOLUTIONS

June 25, 2007

To the Honorable President and Members of the Senate:

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

SENATE CONCURRENT RESOLUTION NO. 117—BY SENATORS SCHEDLER, ADLEY, AMEDEE, BAJOIE, BARHAM,BOASSO, BROOME, CAIN, CASSIDY, CHAISSON, CHEEK, CRAVINS,DUPLESSIS, DUPRE, ELLINGTON, FIELDS, FONTENOT, B.GAUTREAUX, N. GAUTREAUX, HEITMEIER, HINES, HOLLIS,JACKSON, JONES, KOSTELKA, LENTINI, MALONE, MARIONNEAUX,MCPHERSON, MICHOT, MOUNT, MURRAY, NEVERS, QUINN,ROMERO, SHEPHERD, SMITH, THEUNISSEN AND ULLO ANDREPRESENTATIVES K. CARTER AND RICHMOND


1076

A CONCURRENT RESOLUTIONTo urge and request that the boards of directors of Property Insurance

Association of Louisiana, Louisiana Automobile Insurance Plan,and Citizens Property Insurance Corporation to cooperate fullywith the legislative auditor in accordance with the Constitutionof Louisiana and state laws.

Reported without amendments.

SENATE CONCURRENT RESOLUTION NO. 119—BY SENATOR MARIONNEAUX

A CONCURRENT RESOLUTIONTo urge and request the Senate Committee on Judiciary B and the

House Committee on the Administration of Criminal Justice tomeet and to function as a joint committee to study and makerecommendations regarding the effects of the state ofMississippi's decision to land-base its casinos.


SENATE CONCURRENT RESOLUTION NO. 120—BY SENATORS HINES AND SMITH AND REPRESENTATIVE WALKER

A CONCURRENT RESOLUTIONTo urge and request the Board of Supervisors of Community and

Technical Colleges to give consideration to changing the nameof the Avoyelles Campus of the Louisiana Technical College tothe Ward H. Nash Campus.


Respectfully submitted,ALFRED W. SPEER

Clerk of the House of Representatives

Message from the HousePASSED SENATE BILLS AND

JOINT RESOLUTIONS

June 24, 2007


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

SENATE BILL NO. 94—BY SENATOR CHAISSON

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

17:3048.1(A)(1)(a)(i i i )(dd) and to enact R.S.17:3048.1(A)(1)(a)(iii)(ee) and (ff), relative to the TuitionOpportunity Program for Students; to provide for eligibility; toprovide for certain residency requirements to determineeligibility for certain dependent students of certain retiredmilitary personnel; to provide relative to the time period inwhich such parent who moved from Louisiana under permanentchange of station orders must change his military records toreestablish Louisiana as his official state of legal residence inorder for a dependent child to be eligible for an award; toprovide for the eligibility of displaced students who graduatefrom an out-of-state high school and receive a distance diploma;to provide for effectiveness; and to provide for related matters.

Reported with amendments.



Introduction of Resolutions,Senate and Concurrent

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

SENATE RESOLUTION NO. 126—BY SENATOR MCPHERSON

A RESOLUTIONTo commend Mrs. Lisa A. Deaton, for her many years of outstanding

service and dedication to the Louisiana Department of Healthand Hospitals, most recently as the director of the healthstandards section, and to congratulate her on the occasion of hermuch deserved retirement.

The resolution was read by title; lies over under the rules.

SENATE RESOLUTION NO. 127—BY SENATOR QUINN

A RESOLUTIONTo commend Cox Communications, Inc. and its peers in the cable

industry for their efforts to promote New Orleans tourismthrough donated advertising time to the entire nation.


SENATE CONCURRENT RESOLUTION NO. 121—BY SENATORS JONES, BAJOIE, BROOME, CRAVINS, DUPLESSIS,FIELDS, JACKSON, MURRAY AND SHEPHERD ANDREPRESENTATIVES BARROW, BAYLOR, BRUCE, BADON, BURRELL,K. CARTER, CURTIS, DORSEY, DOWNS, FANNIN, FRITH, GALLOT,GRAY, ELBERT GUILLORY, ELCIE GUILLORY, MICKEY GUILLORY,HARRIS, LAFONTA, MARCHAND, MORRELL, PIERRE, QUEZAIRE,RICHMOND, JACK SMITH, ST. GERMAIN AND STRAIN

A CONCURRENT RESOLUTIONTo direct the Louisiana Department of Agriculture and Forestry to

study ways to address the decline in numbers of minority andsmall farmers in Louisiana.

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

ROLL CALLThe roll was called with the following result:

YEAS

Mr President Dupre McPhersonAdley Ellington MountAmedee Fields MurrayBajoie Fontenot NeversBarham Gautreaux B RomeroBroome Hollis SchedlerCain Jackson ShepherdCassidy Jones SmithChaisson Kostelka TheunissenCheek Lentini UlloCravins MaloneDuplessis Marionneaux Total - 34

NAYS

Total - 0ABSENT

Boasso Heitmeier QuinnGautreaux N Michot Total - 5

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


1077

Rules SuspendedSenator Fields asked for and obtained a suspension of the rules

for the purpose of invoking five minute cloture.


as follows:

Message from the HouseASKING CONCURRENCE IN

HOUSE CONCURRENT RESOLUTIONS

June 24, 2007


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

HOUSE CONCURRENT RESOLUTION NO. 257—BY REPRESENTATIVE MICKEY GUILLORY

A CONCURRENT RESOLUTIONTo commend and congratulate Dr. Ward M. Bellard for over fifty

years of service to the community of Church Point.

HOUSE CONCURRENT RESOLUTION NO. 258—BY REPRESENTATIVE DORSEY

A CONCURRENT RESOLUTIONTo memorialize the United States Congress to take such actions as

are necessary to examine the provisions of the PersonalResponsibility and Work Opportunity Reconciliation Act of1996 to provide prenatal care to immigrants.

HOUSE CONCURRENT RESOLUTION NO. 259—BY REPRESENTATIVES RICHMOND AND K. CARTER

A CONCURRENT RESOLUTIONTo urge and request the boards of the Property Insurance Association

of Louisiana, the Louisiana Automobile Insurance Plan, and theLouisiana Citizens Property Insurance Corporation to fullycomply with the state audit law, including requesting the boardof the Louisiana Citizens Property Insurance Corporation tomeet on or before Thursday, June 28, 2007, on this matter.

HOUSE CONCURRENT RESOLUTION NO. 260—BY REPRESENTATIVES KLECKLEY, FRITH, GEYMANN, ELCIEGUILLORY, HILL, JOHNS, AND MORRISH AND SENATORS CAIN,MOUNT, AND THEUNISSEN

A CONCURRENT RESOLUTIONTo commend George Heard, Executive Director of the Chennault

International Airport Authority at Lake Charles, upon hisretirement.

HOUSE CONCURRENT RESOLUTION NO. 261—BY REPRESENTATIVE CAZAYOUX

A CONCURRENT RESOLUTIONTo urge and request the House Committee on Administration of

Criminal Justice, the Senate Judiciary B Committee, and theSenate Judiciary C Committee to meet and function as a jointcommittee to study issues relating to the reduction of sex-relatedcrimes in this state.



House Concurrent Resolutionson First Reading

The following House Concurrent Resolutions were read a firsttime by their titles and placed on the Calendar for their secondreading:

HOUSE CONCURRENT RESOLUTION NO. 257—BY REPRESENTATIVE MICKEY GUILLORY

A CONCURRENT RESOLUTIONTo commend and congratulate Dr. Ward M. Bellard for over fifty

years of service to the community of Church Point.


HOUSE CONCURRENT RESOLUTION NO. 258—BY REPRESENTATIVE DORSEY


are necessary to examine the provisions of the PersonalResponsibility and Work Opportunity Reconciliation Act of1996 to provide prenatal care to immigrants.


HOUSE CONCURRENT RESOLUTION NO. 259—BY REPRESENTATIVES RICHMOND AND K. CARTER

A CONCURRENT RESOLUTIONTo urge and request the boards of the Property Insurance Association

of Louisiana, the Louisiana Automobile Insurance Plan, and theLouisiana Citizens Property Insurance Corporation to fullycomply with the state audit law, including requesting the boardof the Louisiana Citizens Property Insurance Corporation tomeet on or before Thursday, June 28, 2007, on this matter.


HOUSE CONCURRENT RESOLUTION NO. 260—BY REPRESENTATIVES KLECKLEY, FRITH, GEYMANN, ELCIEGUILLORY, HILL, JOHNS, AND MORRISH AND SENATORS CAIN,MOUNT, AND THEUNISSEN

A CONCURRENT RESOLUTIONTo commend George Heard, Executive Director of the Chennault

International Airport Authority at Lake Charles, upon hisretirement.


HOUSE CONCURRENT RESOLUTION NO. 261—BY REPRESENTATIVE CAZAYOUX

A CONCURRENT RESOLUTIONTo urge and request the House Committee on Administration of

Criminal Justice, the Senate Judiciary B Committee, and theSenate Judiciary C Committee to meet and function as a jointcommittee to study issues relating to the reduction of sex-relatedcrimes in this state.


House Concurrent Resolutionson Second Reading

The following House Concurrent Resolutions were read andacted upon as follows:

HOUSE CONCURRENT RESOLUTION NO. 134—BY REPRESENTATIVE BEARD

A CONCURRENT RESOLUTIONTo urge and request the Department of Environmental Quality to take

all action allowable by law to permanently close D&J, Inc.'ssolid waste landfill on Louisiana Highway 928 in AscensionParish expeditiously and to increase monitoring of the landfilluntil the facility is closed.

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

HOUSE CONCURRENT RESOLUTION NO. 175—BY REPRESENTATIVE HUTTER

A CONCURRENT RESOLUTIONTo urge and request the House Committee on Insurance to investigate

the feasibility of establishing a regional catastrophe fund thatwould allow states along the Gulf Coast to pool property


1078

insurance risks and other resources to reduce insurancepremiums throughout the Gulf Coast region.

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

Reports of CommitteesThe following reports of committees were received and read:

REPORT OF COMMITTEE ON

INSURANCESenator James David Cain, Chairman on behalf of the

Committee on Insurance, submitted the following report:

June 25, 2007

To the President and Members of the Senate:

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

HOUSE BILL NO. 312—BY REPRESENTATIVE GARY SMITH

AN ACTTo amend and reenact R.S. 22:844(D)(3), relative to investments by

domestic insurers; to authorize certain investments by suchinsurers in limited liability companies; and to provide for relatedmatters.

Reported favorably.

Respectfully submitted,JAMES DAVID CAIN

Chairman

House Bills and Joint Resolutionson Second Reading

Reported by CommitteesSenator Cain asked for and obtained a suspension of the rules to

take up at this time the following House Bills and Joint Resolutionsjust reported by Committees.




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

Rules SuspendedSenator Ullo asked for and obtained a suspension of the rules for

the purpose of advancing to the order of

House Bills and Joint Resolutions onThird Reading

and Final PassageThe following House Bills and Joint Resolutions on Third

Reading and Final Passage were taken up and acted upon as follows:

HOUSE BILL NO. 313—BY REPRESENTATIVES SCALISE, BURNS, MORRELL, ANDSCHNEIDER AND SENATORS CAIN, DUPRE, HOLLIS, KOSTELKA,LENTINI, NEVERS, QUINN, ROMERO, SCHEDLER, SMITH,THEUNISSEN, AND ULLO

AN ACTTo amend and reenact Code of Criminal Procedure Article 701(B)(1),

relative to the right to a speedy trial; to increase the time periodfor filing a bill of indictment when a defendant is held incustody for a felony offense for which the punishment may bedeath or life imprisonment; and to provide for related matters.

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


YEAS

Mr President Dupre McPhersonAdley Ellington MurrayBarham Fontenot NeversBoasso Gautreaux B QuinnBroome Gautreaux N RomeroCain Hollis SchedlerCassidy Jackson SmithChaisson Kostelka TheunissenCheek Lentini UlloDuplessis Malone Total - 29

NAYS

Bajoie Fields ShepherdCravins Jones Total - 5

ABSENT

Amedee Marionneaux MountHeitmeier Michot Total - 5

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

HOUSE BILL NO. 354—BY REPRESENTATIVE WOOTON

AN ACTTo amend and reenact R.S. 27:310(D), relative to the Video Draw

Poker Devices Control Law; to provide that the board ordivision may waive suitability requirements for spouses ofcertain individuals with an ownership or revenue interest in avideo draw poker licensee or applicant for a video draw pokerlicense; to provide for applicability; and to provide for relatedmatters.

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

Senator Bajoie in the ChairHOUSE BILL NO. 489—

BY REPRESENTATIVES TOOMY AND SALTER AN ACT

To amend and reenact R.S. 36:10, relative to the salaries of certainelected officials; to provide for the salaries of the statewideelected officials; to provide for effectiveness; and to provide forrelated matters.

Floor Amendments Sent UpSenator McPherson sent up floor amendments which were read.


1079

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator McPherson to Reengrossed HouseBill No. 489 by Representative Toomy

AMENDMENT NO. 1On page 1, line 2, after "R.S. 36:10" and before the comma "," insert"and 45:1162"

AMENDMENT NO. 2On page 1, line 3, after "officials;" and before "to provide" insert "toprovide for the salaries of public service commissioners;"

AMENDMENT NO. 3On page 1, between lines 14 and 15, insert the following:

"Section 2. R.S. 45:1162 is hereby amended and reenacted toread as follows:§1162. Salaries of members

The salary of each of the members of the Louisiana PublicService Commission shall be forty sixty thousand dollars per annum,payable monthly on the warrant of each commissioner."

AMENDMENT NO. 4On page 1, line 15, change "Section 2" to "Section 3"

AMENDMENT NO. 5On page 1, line 16, after "this Act" and before "shall be paid" insertthe following: "and the increases in the salaries of the public servicecommissioners provided in Section 2 of this Act"


AMENDMENT NO. 7On page 1, line 19, after "provisions of" and before "this Act" insert"Section 1 of"

AMENDMENT NO. 8On page 2, after line 6, insert the following:

"Section 5. The provisions of Section 2 of this Act shall becomeeffective on January 1, 2008."

Senator McPherson moved adoption of the amendments.

Senator Lentini objected.


YEAS

Mr President Ellington McPhersonAdley Fields MurrayBajoie Jackson QuinnChaisson JonesDuplessis Marionneaux Total - 13

NAYS

Amedee Dupre NeversBarham Fontenot RomeroBoasso Gautreaux N SchedlerBroome Hollis ShepherdCain Kostelka SmithCassidy Lentini TheunissenCheek MaloneCravins Mount Total - 22

ABSENT

Gautreaux B MichotHeitmeier Ullo Total - 4

The Chair declared the amendments were rejected.

Floor Amendments Sent UpSenator Shepherd sent up floor amendments which were read.


Amendments proposed by Senator Shepherd to Reengrossed HouseBill No. 489 by Representative Toomy

AMENDMENT NO. 1On page 1, line 2, after "R.S." and before "36:10", add"24:31.5(A)(1), (2) and (4) and"

AMENDMENT NO. 2On page 1, line 2, after "elected officials" and before the semicolon";" add "and legislative assistants"

AMENDMENT NO. 3On page 1. line 3, after "officials;" and before "to provide" add "toprovide with respect to the funds available for legislative assistantsof members of the legislature;"

AMENDMENT NO. 4On page 1, between lines 5 and 6, add the following:

"Section 1. R.S. 24:31.5(A)(1), (2) and (4) are hereby amendedand reenacted to read as follows:§31.5. Legislative assistants for members

A.(1) Each member of the legislature may employ one or morelegislative assistants, who shall be employed as unclassified stateemployees.

The total salary of such assistant or assistants shall not exceedthe applicable monthly salary as follows:

MONTHLYSTEP SALARYBase $ 2,000 $3,500First $ 2,083 $3,583Second $ 2,169 $3,669Third $ 2,259 $3,759Fourth $ 2,352 $3,852Fifth $ 2,450 $3,950Sixth $ 2,551 $4,051Seventh $ 2,657 $4,157Eighth $ 2,767 $4,267Ninth $ 2,881 $4,381Maximum $ 3,000 $4,500(2)(a) Annually, on July first, the am ount for each step shall

be adjusted when, and to the extent of, any increase in theConsumer Price Inde x for All Urban Consum ers All Item sdetermined by the Bureau of Labor Statistics of the United StatesDepartm ent of Labor based on the preceding calendar year.

(b) On and after July 1, 1998, any Any legislator who has themaximum salary step available to him for his legislative assistantsshall have available a step increase of four percent per year for thesalary available for his legislative assistants.

* * *(4)(a) Each legislative assistant shall perform such duties as the

legislator may assign and shall be paid a salary fixed by thelegislator, provided that the salary for any one legislative assistantshall not exceed two thousand dollars per month the monthly salaryfor the base step plus the equivalent of one step for each year of hisemployment as a legislative assistant or the equivalent of one step foreach year of the employing legislator's service as a legislator, at theoption of the employing legislator.

(b) When more than one assistant is employed by a legislator,the total salary shall not exceed two thousand dollars per month themonthly salary base step plus the equivalent of one step for eachyear of employment as a legislative assistant or the equivalent of onestep for each year of the employing legislator's service as a legislator,at the option of the employing legislator, by all of these assistants.When part-time help or contractual services are used, the totalpayments shall not exceed an amount equal to the base salary of alegislative assistant.


1080

* * *"

AMENDMENT NO. 5On page 1, line 6, change "Section 1." to "Section 2."

AMENDMENT NO. 6On page 1, between lines 14 and 15, add the following:

"Section 3. The provisions of Section 1 of this Act shall becomeeffective at noon on January 14, 2008."



AMENDMENT NO. 9On page 1, line 19, after "provisions of" and before "this Act" insert:" Section 2 of"

Senator Hines asked for a ruling from the Chair as to whetherthe amendment was germane to the bill.

The Chair ruled that the amendment was not germane to the bill.

The amendment was withdrawn.

Floor Amendments Sent UpSenator Boasso sent up floor amendments which were read.


Amendments proposed by Senator Boasso to Reengrossed House BillNo. 489 by Representative Toomy

AMENDMENT NO. 1On page 1, line 19, after "provisions of" insert "Section 1. of"

AMENDMENT NO. 2On page 1, line 19, change "January 14, 2008" to "January 15, 2015"

Senator Boasso moved adoption of the amendments.

Senator Hines objected.


YEAS

Amedee Chaisson RomeroBarham Gautreaux N SmithBoasso Hollis UlloCain Malone Total - 11

NAYS

Mr President Ellington MountAdley Fields MurrayBajoie Fontenot NeversBroome Jackson QuinnCassidy Jones SchedlerCheek Kostelka ShepherdCravins Lentini TheunissenDuplessis MarionneauxDupre McPherson Total - 25

ABSENT

Gautreaux B Heitmeier Michot Total - 3


Floor Amendments Sent UpSenator Marionneaux sent up floor amendments which were

read.


Amendments proposed by Senator Marionneaux to ReengrossedHouse Bill No. 489 by Representative Toomy

AMENDMENT NO. 1On page 1, line 2, after "reenact" insert "R.S. 24:31.1(A), 502(A),504(B), 506(A), and 507(B), and"

AMENDMENT NO. 2On page 1, line 2, after "R.S. 36:10," insert "and to repeal R.S.24:31.1(E), all"

AMENDMENT NO. 3On page 1, line 3, after "officials;" insert "to provide for the salariesand compensation of legislators; "

AMENDMENT NO. 4On page 1, between lines 5 and 6 insert the following:

"Section 1. R.S. 24:31.1(A), 502(A), 504(B), 506(A), and507(B) are hereby amended and reenacted to read as follows:"

§31.1. Salary for members; expense allowance; mileage allowanceA. In addition to the per diem and all other allowances provided

by law for members of the Legislature of Louisiana, each member ofthe legislature, except the president and the president pro tempore ofthe Senate and the speaker and the speaker pro tempore of the Houseof Representatives, shall be paid a salary in the full sum of sixteenthousand eight hundred thirty-five thousand five hundred thirty-six dollars per annum.

* * *§502. Speaker of the House of Representatives; salary; expenses

A. The salary of the speaker of the House of Representativesshall be thirty-two thousand fifty-two thousand five hundred sixtydollars per annum, such salary to be payable monthly on his ownwarrant and drawn on the general fund of the state. This salary shallbe compensation to the speaker for service to the House ofRepresentatives, including that rendered during regular andextraordinary sessions of the legislature and during the interimbetween sessions.

* * *§504. Speaker pro tempore; assumption of duties of speaker; salary

* * *B. The salary of the speaker pro tempore of the House of

Representatives shall be twenty-four thousand five hundred forty-four thousand one hundred sixty dollars per annum. This salaryshall be compensation to the speaker pro tempore for service to theHouse of Representatives, including that rendered during regular andextraordinary sessions of the legislature and during the interimbetween sessions. The salary provided for in this Section shall bepayable in the same manner as provided in R.S. 24:31.1(B). Thespeaker pro tempore shall be entitled to the per diem and all otherallowances provided by law for members of the Legislature ofLouisiana.

* * *§506. President of the Senate; salary; expenses

A. The salary of the president of the Senate shall be thirty-twothousand fifty-two thousand five hundred sixty dollars per annum,such salary to be payable monthly on his own warrant and drawn onthe general fund of the state. This salary shall be compensation to thepresident for service to the Senate, including that rendered duringregular and extraordinary sessions of the legislature and during theinterim between sessions.

* * *§507. President pro tempore; assumption of duties of president;

salary* * *


1081

B. The salary of the president pro tempore of the Senate shallbe twenty-four thousand five hundred forty-four thousand onehundred sixty dollars per annum. This salary shall be compensationto the president pro tempore for service to the Senate, including thatrendered during regular and extraordinary sessions of the legislatureand during the interim between sessions. The salary provided for inthis Section shall be payable in the same manner as provided in R.S.24:31.1(B). The president pro tempore shall be entitled to the perdiem and all other allowances provided by law for members of theLegislature of Louisiana."



"Section 3. R.S. 24:31.1(E) is hereby repealed in its entirety"



AMENDMENT NO. 9On page 1, line 19, change "Section 3" to "Section 5" and before "thisAct" insert " Sections 2, 4, 5, and 6 of"

AMENDMENT NO. 10On page 2, line 3, before "this Act" insert "Sections 2, 4, and 5 of"


"Section 6. The provisions of Section 1 of this Act shall becomeeffective January 1, 2012.

Section 8. Notwithstanding any other provision of law to thecontrary, the actual salary of each legislator, including the presidentof the Senate, the president pro tempore of the Senate, the speaker ofthe House of Representatives and the speaker pro tempore of theHouse of Representatives as provided in Section 1 of this Act, shallhave a cost-of-living increase of four percent beginning January 1,2013, and annually thereafter."

Senator Marionneaux moved adoption of the amendments.

Senator McPherson objected.


YEAS

Mr President Kostelka ShepherdBarham Malone SmithBoasso Marionneaux UlloEllington MurrayFontenot Romero Total - 13

NAYS

Adley Cravins LentiniAmedee Duplessis McPhersonBajoie Dupre MountBroome Fields NeversCain Gautreaux N QuinnCassidy Hollis SchedlerChaisson Jackson TheunissenCheek Jones Total - 23

ABSENT

Gautreaux B Heitmeier Michot Total - 3


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


YEAS

Mr President Ellington McPhersonBajoie Fields MurrayBarham Fontenot QuinnBroome Jackson RomeroCassidy Jones SchedlerCheek Kostelka SmithDuplessis Lentini TheunissenDupre Marionneaux Total - 23

NAYS

Adley Chaisson MaloneAmedee Cravins MountBoasso Gautreaux N ShepherdCain Hollis Ullo Total - 12

ABSENT

Gautreaux B MichotHeitmeier Nevers Total - 4

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

HOUSE BILL NO. 614—BY REPRESENTATIVES BEARD AND SCALISE

AN ACTTo enact R.S. 14:32.9, relative to partial birth abortion; to prohibit

partial birth abortion; to provide for criminal penalties; toprovide for a civil action for damages; to provide for a medicalreview of the conduct of the physician; to provide fordefinitions; to provide for an effective date; and to provide forrelated matters.


HOUSE BILL NO. 867—BY REPRESENTATIVES WILLIAMS, TOWNSEND, AND QUEZAIRE

AN ACTTo enact R.S. 27:311.10 and to repeal R.S. 27:311.9, relative to the

Video Draw Poker Devices Control Law; to provide for areduction in processing fees for video draw poker licensesissued to qualified truck stop facilities under certaincircumstances; to provide for restrictions; to authorize thepromulgation of rules; to repeal the exemption from the videopoker processing fee when the Louisiana Gaming Control Boarddetermines certain facts are applicable; and to provide forrelated matters.

Floor Amendments Sent UpSenator Quinn sent up floor amendments which were read.


Amendments proposed by Senator Quinn to Engrossed House BillNo. 867 by Representative Williams


1082

AMENDMENT NO. 1On page 1, delete line 2, and insert "To amend and reenact R.S. 4:724(B)(5) and to enact R.S. 4:724(J) and R.S. 27:311.10 and torepeal R.S. 27:311.9, relative to charitable gaming and video poker;"

AMENDMENT NO. 2On page 1, line 3, delete "Devices Control Law" and insert "toprovide relative to the requirements and restrictions concerning theoperation and use of electronic video bingo machines; to restrict thedisplay of certain features on the machines"

AMENDMENT NO. 3On page 1, line 9, after "Section 1." delete the remainder of the lineand insert "R.S. 4:724(B)(5) is hereby amended and reenacted andR.S. 4:724(J), and R.S. 27:311.10 are hereby enacted to read asfollows:"

AMENDMENT NO. 4On page 1, between lines 9 and 10 insert the following: ""§724. Use of electronic or video bingo games

* * *B. Any such electronic bingo machine shall be subject to the

following requirements and restrictions concerning its operation anduse:

* * *(5) A machine shall play and display only the game of bingo as

described in R.S. 4:707(A)(2), except that a random numbergenerator in the machine shall replace the drawing of numberedobjects from a receptacle, and may play "cover-all bingo" in whichall numbers of the card must be covered. An electronic video bingomachine shall not contain entertainment display features simulatingslot reels or card games, but may contain any other animated display.

* * *J. The following persons shall be permitted to operate electronic

video bingo machines which are not in compliance with Paragraph(B)(5) of this Section:

(1) Any person who is licensed as a distributor and has approvedpermit stamps for electronic video bingo machines as of the effectivedate of this Subsection; or,

(2) Any person who is licensed as a distributor and who haspurchased electronic video bingo machines for a location for whichapplication has been made for a commercial lessor’s license prior toAugust 15, 2007.

(3) The subsequent operation of these electronic video bingomachines purchased for a location for which application has beenmade for a commercial lessor’s license prior to August 15, 2007, willbe allowed to operate at any commercial lessor/hall locations whetherapplications for such licenses or locations were submitted before orafter August 15, 2007.

(4 ) Notwithstanding any other provision of this Chapter to thecontrary, any license issued pursuant to the provisions of this Sectionshall be renewable. In addition, any commercial lessor or distributorlicense, or commercial hall location to which a license has beenissued, pursuant to the provisions of this Section may be sold after theeffective date of this Section, even if such sale requires the issuanceof a new commercial lessor or distributorship license.

(5) Notwithstanding any other provision of this Subsection to thecontrary, any electronic video bingo machine not in compliance withParagraph (B)(5) of this Section which was owned prior to August15, 2007 or purchased prior to August 15, 2007 pursuant to theprovisions of Paragraph (2) of this Subsection and which is destroyedor rendered inoperable in any manner may be replaced by anelectronic video bingo machine not in compliance with Paragraph(B)(5) of this Subsection even if such replacement electronic videobingo machine was purchased after August 15, 2007."


"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 by Article III, Section 18 of the Constitution of Louisiana.If vetoed by the governor and subsequently approved by the

legislature, this Act shall become effective on the day following suchapproval."

Senator Marionneaux asked for a ruling from the Chair as towhether the amendment was germane to the bill.



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


YEAS

Mr President Dupre RomeroBajoie Hollis ShepherdChaisson Jones TheunissenCheek MarionneauxDuplessis Murray Total - 13

NAYS

Adley Ellington MountAmedee Fields NeversBarham Fontenot QuinnBroome Kostelka SchedlerCain Malone SmithCassidy McPherson Ullo Total - 18

ABSENT

Boasso Gautreaux N LentiniCravins Heitmeier MichotGautreaux B Jackson Total - 8

The Chair declared the bill failed to pass.

Notice of ReconsiderationSenator Marionneaux, pursuant to Senate Rule Number 11.12,

gave notice that before the expiration of the Morning Hour of thenext succeeding legislative day of the Senate, he would move toreconsider the vote by which the bill failed to pass.

HOUSE BILL NO. 452—BY REPRESENTATIVE BALDONE

AN ACTTo amend and reenact R.S. 46:18, relative to copies of health care

records of a claimant filing for certain social security benefits;to permit a representative to request and be furnished a copy ofhealth care records; to provide for penalties; and to provide forrelated matters.

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


YEAS

Mr President Duplessis MaloneAdley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fields MountBarham Fontenot MurrayBoasso Gautreaux B Nevers


1083

Broome Gautreaux N QuinnCain Hollis RomeroCassidy Jackson ShepherdChaisson Jones SmithCheek Kostelka TheunissenCravins Lentini Ullo Total - 36

NAYS

Total - 0ABSENT

Heitmeier Michot Schedler Total - 3

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

HOUSE BILL NO. 602—BY REPRESENTATIVE JACKSON

AN ACTTo amend and reenact R.S. 40:1300.111, 1300.112(A)(introductory

paragraph), (1), (3), and (5), (B)(introductory paragraph) and (1)through (3), (C), (D)(1) and (2), (E), and (F)(1) and (2) and toenact R.S. 40:1300.112 (A)(6) through (8), (B)(4) through (17),(G), and (H), relative to health care data reporting; to providefor findings; to provide for the powers and duties of the officeof public health; to require the electronic release of patientclaims and encounter data; to create the Health Data Panel; toprovide for reporting to the legislature; and to provide forrelated matters.

Floor Amendments Sent UpSenator Cassidy sent up floor amendments which were read.


Amendments proposed by Senator Cassidy to Engrossed House BillNo. 602 by Representative Jackson

AMENDMENT NO. 1On page 1, line 2, after "(introductory paragraph)," delete "(1), (3),and"

AMENDMENT NO. 2On page 1, line 3, after "(D)(1)" delete "and (2)"

AMENDMENT NO. 3In Senate Committee Amendment No. 1 proposed by the SenateCommittee on Health and Welfare and adopted by the Senate on June20, 2007, on page 1, line 2, delete "(18)" and insert "(22)"

AMENDMENT NO. 4On page 1, at the beginning of line 5 insert "(D)(4), and"

AMENDMENT NO. 5On page 1, line 5, after "(G)," delete "and (H),"

AMENDMENT NO. 6On page 1, line 10, after "(introductory paragraph)," delete "(1), (3),and"

AMENDMENT NO. 7On page 1, line 11, after "(D)(1)" delete "and (2)"

AMENDMENT NO. 8In Senate Committee Amendment No. 2 proposed by the SenateCommittee on Health and Welfare and adopted by the Senate on June20, 2007, on page 1, line 4, delete "(18)" and insert "(22)"

AMENDMENT NO. 9On page 1, line 13, delete "(G), and (H)" and insert "(D)(4), and (G)"

AMENDMENT NO. 10On page 1, line 18, after "provision" insert "and the coverage"

AMENDMENT NO. 11On page 1, line 19, after "use," delete the remainder of the line andinsert "and charges"

AMENDMENT NO. 12On page 1, at the beginning of line 20 delete "payments, andcoverages"

AMENDMENT NO. 13On page 2, delete lines 1 through 10

AMENDMENT NO. 14On page 2, line 14, after "agencies" delete "upon review andrecommendations of" and insert "in consultation with"


AMENDMENT NO. 16On page 3, line 13, after "facility" delete "or provider"

AMENDMENT NO. 17On page 3, line 16, after "(8)" delete the remainder of the line anddelete lines 17 and 18, and insert the following: "In conjunction withthe preparation by the office of public health for release of dataaccording to Paragraph (A)(6) of this Section, coordinate with theDepartment of Insurance the release, for use by a requesting entity,of information currently required to be reported to the Department ofInsurance by all health insurers, health maintenance organizations,and third-party administrators. The Department of Insurance shallmake such information available upon consultation with the HealthData Panel regarding information relevant to healthcare decisionmaking by consumers and after promulgation of rules."

AMENDMENT NO. 18In Senate Committee Amendment No. 3 proposed by the SenateCommittee on Health and Welfare and adopted by the Senate on June20, 2007, on page 1, delete line 7 and insert the following:

"(18) Louisiana Ambulatory Surgery Association.(19) Louisiana Association of Self Insured Employers.(20) Louisiana Workers' Compensation Corporation.(21) Louisiana Insurers Conference.(22) AFL-CIO."

AMENDMENT NO. 19On page 4, delete lines 25 through 28 and insert the following:

"(2) All medical care facilities licensed by the state, includingbut not limited to hospitals, outpatient surgical facilities, andoutpatient clinical facilities shall submit information in the mannerand form prescribed in rules and regulations promulgated by theDepartment of Health and Hospitals pursuant to this Part.

* * *(4) Nothing in this Part shall be construed to mean that any

medical facilities, health insurers, health maintenance organizations,or third-party administrators are required to submit any informationbeyond that required on June 1, 2007."


AMENDMENT NO. 21On page 5, line 8, after "shall" delete the remainder of the line

AMENDMENT NO. 22On page 5, at the beginning of line 9, delete "Health Data Panel"

AMENDMENT NO. 23On page 6, delete lines 3 and 4

On motion of Senator Cassidy, the amendments were adopted.


1084



Amendments proposed by Senator McPherson to Engrossed HouseBill No. 602 by Representative Jackson

AMENDMENT NO. 1On page 2, line 26, after "Provide," delete "through regulation," andinsert in lieu thereof "through rules and regulations promulgated inaccordance with the Administrative Procedure Act," and delete"electronic"

On motion of Senator McPherson, the amendments wereadopted.

Floor Amendments Sent UpSenator Schedler sent up floor amendments which were read.


Amendments proposed by Senator Schedler to Engrossed House BillNo. 602 by Representative Jackson

AMENDMENT NO. 1Delete Legislative Bureau Amendment No. 1, proposed by theLegislative Bureau, and adopted by the Senate on June 21, 2007.

AMENDMENT NO. 2On page 3, delete lines 10 through 12 and insert in lieu thereof thefollowing:

"(c) Any data specific to the operations of licensed health carefacilities and health organizations licensed by the state, including butnot limited to hospitals, outpatient clinical facilities, insurers, healthmaintenance organizations, and third-party administrators."

On motion of Senator Schedler, the amendments were adopted.

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


YEAS


NAYS

Total - 0ABSENT

Michot Total - 1

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

HOUSE BILL NO. 707—BY REPRESENTATIVE HARRIS

AN ACTTo enact R.S. 22:1210.88, relative to claims adjusters; to provide for

the authority necessary for a claims adjuster to gain immediateentry into a designated disaster area; to provide for acceptableforms of identification necessary for a claims adjuster to enterinto a designated disaster area; and to provide for relatedmatters.

Floor Amendments Sent UpSenator Cain sent up floor amendments which were read.


Amendments proposed by Senator Cain to Reengrossed House BillNo. 707 by Representative Harris

AMENDMENT NO. 1Delete Senate Committee Amendment No. 1, line 4, proposed by theSenate Committee on Insurance and adopted by the Senate on June20, 2007 and insert the following: "establishing that the person is alicenced or a registered claims adjuster."

On motion of Senator Cain, the amendments were adopted.

Floor Amendments Sent UpSenator Fontenot sent up floor amendments which were read.


Amendments proposed by Senator Fontenot to Reengrossed HouseBill No. 707 by Representative Harris


" (4) Written permission of the homeowner."

On motion of Senator Fontenot, the amendments were adopted.

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


YEAS

Mr President Duplessis MarionneauxAdley Dupre McPhersonAmedee Ellington MountBajoie Fields MurrayBarham Fontenot NeversBoasso Gautreaux B QuinnBroome Gautreaux N RomeroCain Hollis SchedlerCassidy Jackson ShepherdChaisson Jones SmithCheek Kostelka TheunissenCravins Lentini Ullo Total - 36

NAYS

Malone Total - 1

ABSENT


1085

Heitmeier Michot Total - 2

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

HOUSE BILL NO. 717—BY REPRESENTATIVES BAYLOR AND HUTTER

AN ACTTo enact R.S. 22:667.1, relative to residential property insurance

policies; to provide certain policyholders the option to excludepersonal property coverage after a gubernatorially declareddisaster; to provide for an appropriate reduction in premium;and to provide for related matters.



Amendments proposed by Senator Quinn to Reengrossed House BillNo. 717 by Representative Baylor

AMENDMENT NO. 1On page 1, line 9, delete "After a" and insert "In the" and after"disaster" and before the comma "," insert "areas for HurricanesKatrina and Rita"

AMENDMENT NO. 2In Senate Committee Amendment No. 7 proposed by the SenateCommittee on Insurance and adopted by the Senate on June 20, 2007,on page 1, line 22, after "uninhabitable" and before "because" insert"by Hurricanes Katrina and Rita"

AMENDMENT NO. 3In Senate Committee Amendment No. 7 proposed by the SenateCommittee on Insurance and adopted by the Senate on June 20, 2007,on page 1, line 33, after "policies" delete "issued or"

On motion of Senator Quinn, the amendments were adopted.

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


YEAS

Mr President Duplessis MaloneAdley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fields MountBarham Fontenot MurrayBoasso Gautreaux B NeversBroome Gautreaux N QuinnCain Heitmeier RomeroCassidy Hollis SchedlerChaisson Jackson SmithCheek Jones TheunissenCravins Lentini Ullo Total - 36

NAYS

Total - 0ABSENT

Kostelka Michot Shepherd Total - 3

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

HOUSE BILL NO. 962— (Substitute for House Bill No. 528 byRepresentative Morrell)

BY REPRESENTATIVES MORRELL, ANDERS, ARNOLD, BADON,BALDONE, BURRELL, DORSEY, GRAY, ELCIE GUILLORY, MICKEYGUILLORY, HEBERT, HUNTER, HUTTER, JACKSON, JEFFERSON,LAFLEUR, MARCHAND, PINAC, RICHMOND, ROMERO, GARY SMITH,JACK SMITH, AND WILLIAMS

AN ACTTo enact R.S. 22:1430.12(D), relative to the Louisiana Citizens

Property Insurance Corporation; to provide for the rates chargedby the Louisiana Citizens Property Insurance Corporation; toprovide that the corporation's rates shall be the higher of theactuarially sound rates or the rates equal to the highest of the topten insurers with the greatest total direct written premium; toprovide for the use of actuarially sound rates; to provide thecommissioner of insurance the authority to determine if acompetitive market exists; and to provide for related matters.

Floor Amendments Sent UpSenator Cravins sent up floor amendments which were read.


Amendments proposed by Senator Cravins to Reengrossed HouseBill No. 962 by Representative Morrell

AMENDMENT NO. 1On page 1, line 2, after "22:" and before "1430.12(D)" insert"1405(K) and"

AMENDMENT NO. 2On page 1, line 10, after "22:" and before "1430.12(D)" insert"1405(K) and"

AMENDMENT NO. 3On page 1, line 10, change "is" to "are"

AMENDMENT NO. 4On page 1, between lines 10 and 11, insert the following:"§ 1405. Fire insurance rates; the Property Insurance Association of

Louisiana* * *

K. The legislative auditor shall have authority to compilefinancial statements and to examine, audit, or review the books andaccounts of the Property Insurance Association of Louisiana and theLouisiana Automobile Insurance Plan. The scope of theexaminations may include financial accountability, legal complianceand evaluations of the economy, efficiency, and effectiveness of theprivate water supply systems or any combination of the foregoing.In addition to the authority granted above, the legislative auditor shallhave access to and be permitted to examine all paper, books,accounts, records, files, instruments, documents, films, tapes, and anyother forms of recordation of all private water supply systems,including but not limited to computers and recording devices, and allsoftware and hardware which hold data, are part of the technicalprocesses leading up to the retention of data, or are part of thesecurity system.

* * *"

On motion of Senator Cravins, the amendments were adopted.

Floor Amendments Sent UpSenator N. Gautreaux sent up floor amendments which were

read.


Amendments proposed by Senator N. Gautreaux to ReengrossedHouse Bill No. 962 by Representative Morrell


1086

AMENDMENT NO. 1On page 2, line 3, after "insurance." add the following"Notwithstanding any other provision of law to the contrary, the tenpercent rate in excess of the rates charged among the ten insurerswith the greatest total direct written premium in each parish for thatline of business in the preceding year authorized in R.S.22:1430.l12(A) shall not apply in parishes listed in R.S.40:1730.27(A)."

On motion of Senator N. Gautreaux, the amendments wereadopted.

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


YEAS

Mr President Dupre McPhersonAdley Ellington MountAmedee Fields MurrayBajoie Fontenot NeversBarham Gautreaux B QuinnBroome Gautreaux N RomeroCain Hollis SchedlerCassidy Jackson ShepherdChaisson Jones SmithCheek Kostelka TheunissenCravins Lentini UlloDuplessis Malone Total - 35

NAYS

Marionneaux Total - 1

ABSENT

Boasso Heitmeier Michot Total - 3

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

HOUSE BILL NO. 260—BY REPRESENTATIVE JACK SMITH

A JOINT RESOLUTIONProposing to amend Article VII, Section 21(C)(19) of the

Constitution of Louisiana, relative to ad valorem property taxexemptions; to provide an exemption for certain jewelry; toprovide for submission of the proposed amendment to theelectors; to provide for an effective date; and to provide forrelated matters.

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


YEAS

Mr President Ellington MountBajoie Gautreaux B MurrayBarham Heitmeier NeversBoasso Hollis QuinnBroome Jackson RomeroChaisson Jones SchedlerCheek Lentini Smith

Duplessis Marionneaux UlloDupre McPherson Total - 26

NAYS

Amedee Cravins TheunissenCain MaloneCassidy Shepherd Total - 7

ABSENT

Adley Fontenot KostelkaFields Gautreaux N Michot Total - 6

The Chair declared the bill was passed. The title was read andadopted. Senator B. Gautreaux moved to reconsider the vote bywhich the bill was passed and laid the motion on the table.

Mr. President in the ChairHOUSE BILL NO. 359—

BY REPRESENTATIVES TOWNSEND, ARNOLD, BADON, BALDONE,BURRELL, CURTIS, FARRAR, FAUCHEUX, HEATON, HILL, HONEY,KENNEY, MCDONALD, MONTGOMERY, RICHMOND, RITCHIE, ANDJANE SMITH AND SENATOR MURRAY

AN ACTTo amend and reenact R.S. 47:297.6(A)(1) and (5), 6019(A)(1)(a),

(A)(2)(a), and (B)(1) and to enact R.S. 47:305.56, relative to taxexemptions and credits; to authorize a sales and use taxexemption for certain works of art; to increase the tax creditapplicable in certain development districts; to authorize theestablishment of cultural product districts; to provide relative tocertain definitions; to authorize a tax credit for the rehabilitationof historic structures in cultural product districts; to provide foraccountability; and to provide for related matters.

Senator Marionneaux moved to return House Bill No. 359 to theCalendar.

Senator Mount objected.


YEAS

Amedee Jones RomeroCassidy Lentini SchedlerCravins Malone ShepherdGautreaux N Marionneaux TheunissenHollis Quinn Ullo Total - 15

NAYS

Mr President Chaisson JacksonAdley Cheek McPhersonBajoie Duplessis MountBarham Dupre MurrayBoasso Ellington NeversBroome Fields SmithCain Fontenot Total - 20

ABSENT

Gautreaux B KostelkaHeitmeier Michot Total - 4

The Chair declared the Senate refused to return the bill to thecalendar.

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


1087


YEAS

Mr President Duplessis McPhersonAdley Dupre MountAmedee Ellington MurrayBajoie Fields NeversBarham Fontenot QuinnBoasso Gautreaux B RomeroBroome Gautreaux N SchedlerCain Heitmeier ShepherdCassidy Hollis SmithChaisson Jackson UlloCheek JonesCravins Kostelka Total - 34

NAYS

Lentini MarionneauxMalone Theunissen Total - 4

ABSENT

Michot Total - 1

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

HOUSE BILL NO. 386—BY REPRESENTATIVES MORRIS, MONTGOMERY, ARNOLD, BADON,BALDONE, CURTIS, FARRAR, FAUCHEUX, KENNARD, RICHMOND,RITCHIE, JANE SMITH, AND TOWNSEND

AN ACTTo enact R.S. 47:301(16)(m) and to repeal R.S. 47:305(D)(1)(e) and

337.9(C)(10), relative to sales and use taxes; to provide relativeto the definition of "tangible personal property"; to excludenewspapers from such definition; to provide for an effectivedate; and to provide for related matters.

Floor Amendments Sent UpSenator Jackson sent up floor amendments which were read.


Amendments proposed by Senator Jackson to Engrossed House BillNo. 386 by Representative Morris

AMENDMENT NO. 1On page 2, line 4, change "2007" to "2008." and delete the remainderof the line.

AMENDMENT NO. 2On page 2, line 5, delete the line in its entirety.

On motion of Senator Jackson, the amendments were adopted.

Floor Amendments Sent UpSenator Chaisson sent up floor amendments which were read.


Amendments proposed by Senator Chaisson to Engrossed House BillNo. 386 by Representative Morris

AMENDMENT NO. 1On page 1, line 2, after "To" insert: "amend and reenact R.S.47:302(S), 321(I), and 331(Q) to"

AMENDMENT NO. 2On page 1, line 4, after "definition;" insert: "to provide for theeffectiveness of the exemption for utilities purchased by certainsteelworks, blast furnaces, coke ovens, and rolling mills;"

AMENDMENT NO. 3On page 1, line 7, after "Section 1." insert: "R.S. 47:302(S), 321(I),and 331(Q) are hereby amended and reenacted and"

AMENDMENT NO. 4On page 1, after line 18, insert:"§302. Imposition of tax

* * *S. Notwithstanding any other provision of the law to the

contrary and specifically notwithstanding any provision enactedduring the 2004 First Extraordinary Session which makes any salesand use tax exemption inapplicable, inoperable, and of no effect, theexemption provided in R.S. 47:305.51 shall be applicable, operable,and effective for the period of July 1, 2004 through June 30, 2007 alltaxable periods beginning on or after July 1, 2007.

* * *§321. Imposition of tax

* * *I. Notwithstanding any other provision of the law to the



* * *Q. Notwithstanding any other provision of the law to the


* * *"

Senator Chaisson moved adoption of the amendments.

Senator Kostelka objected.


YEAS

Mr President Dupre McPhersonAdley Ellington MountAmedee Fields MurrayBajoie Fontenot NeversBoasso Gautreaux B QuinnBroome Gautreaux N RomeroCain Heitmeier SchedlerChaisson Jackson ShepherdCheek Jones SmithCravins Malone TheunissenDuplessis Marionneaux Ullo Total - 33

NAYS

Barham HollisCassidy Kostelka Total - 4

ABSENT

Lentini Michot Total - 2


1088

The Chair declared the amendments were adopted.

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


YEAS

Mr President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MountBajoie Fontenot MurrayBarham Gautreaux B NeversBoasso Gautreaux N QuinnBroome Hollis RomeroCain Jackson ShepherdChaisson Jones TheunissenCheek Kostelka UlloCravins LentiniDuplessis Malone Total - 34

NAYS

Cassidy Heitmeier Smith Total - 3

ABSENT

Michot Schedler Total - 2

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

HOUSE BILL NO. 484—BY REPRESENTATIVE TRICHE

AN ACTTo enact R.S. 27:403, relative to promotional poker tournaments; to

authorize certain licensed premises to make available tables andcertain areas of the licensed premises for the purpose of theconducting of promotional poker tournaments; to provide forlimitations; to provide for applicability; to provide fordefinitions; to provide with respect to advertising promotionalpoker tournaments; to provide for an exception for OrleansParish; and to provide for related matters.

MotionSenator Hollis moved to return the bill to the Involuntary

Calendar.

Senator Chaisson objected.


YEAS

Mr President Fontenot MountAdley Gautreaux N QuinnAmedee Heitmeier SchedlerBarham Hollis SmithBroome Kostelka TheunissenCain Lentini UlloCassidy MaloneEllington McPherson Total - 22

NAYS

Bajoie Dupre Marionneaux

Chaisson Fields MurrayCheek Gautreaux B RomeroCravins Jackson ShepherdDuplessis Jones Total - 14

ABSENT

Boasso Michot Nevers Total - 3

The Chair declared the bill was returned to the InvoluntaryCalendar.

HOUSE BILL NO. 495—BY REPRESENTATIVES TOWNSEND, ARNOLD, BALDONE, FARRAR,FAUCHEUX, HONEY, KENNEY, MCDONALD, MONTGOMERY,RITCHIE, AND JANE SMITH

AN ACTTo enact R.S. 47:297.7, relative to the individual income tax; to

provide for an income tax exclusion for income derived fromcertain artistic works; to provide for certain definitions; toprovide for certain limitations; to authorize the promulgation ofrules and regulations; to authorize the establishment of aprogram within the Department of Culture, Recreation andTourism; to provide for an effective date; and to provide forrelated matters.



YEAS

Bajoie Duplessis KostelkaBarham Dupre McPhersonBoasso Fields MountBroome Fontenot MurrayChaisson Gautreaux N NeversCheek Jackson Quinn Total - 18

NAYS

Mr President Gautreaux B RomeroAdley Heitmeier SchedlerAmedee Hollis ShepherdCain Jones SmithCassidy Lentini TheunissenCravins Malone UlloEllington Marionneaux Total - 20

ABSENT

Michot Total - 1

The Chair declared the bill failed to pass.

Notice of ReconsiderationSenator Mount, pursuant to Senate Rule Number 11.12, gave

notice that before the expiration of the Morning Hour of the nextsucceeding legislative day of the Senate, she would move toreconsider the vote by which the bill failed to pass.

HOUSE BILL NO. 568—BY REPRESENTATIVES TOWNSEND AND MCDONALD

AN ACTTo enact R.S. 47:6026, relative to individual income and corporate

income tax credits; to provide for refundable tax credits forcertain state-certified investments and state-certified culinaryarts or food science infrastructure projects; to provide relative torequirements and limitations for the credit; to authorize the


1089

Department of Economic Development to recapture creditsunder certain circumstances; to authorize the Department ofRevenue to recover credits under certain circumstances; toauthorize the promulgation of rules and regulations; to providefor an effective date; and to provide for related matters.

Floor Amendments Sent UpSenator Murray sent up floor amendments which were read.


Amendments proposed by Senator Murray to Reengrossed House BillNo. 568 by Representative Townsend

AMENDMENT NO. 1On page 6, line 26, change "credits and culinary" to "credits on theculinary"

On motion of Senator Murray, the amendments were adopted.

Floor Amendments Sent UpSenator Amedee sent up floor amendments which were read.


Amendments proposed by Senator Amedee to Reengrossed HouseBill No. 568 by Representative Townsend

AMENDMENT NO. 1On page 1, line 2 between "6026" and the comma "," insert "and6027"

AMENDMENT NO. 2On page 1, line 8 after "regulations;" insert "to authorize a procedurefor granting a student career option tax credit against income andcorporation franchise tax to certain businesses;"

AMENDMENT NO. 3On page 1, line 11 after "6026" delete "is" and insert "and 6027 are"

AMENDMENT NO. 4On page 7, between lines 19 and 20 insert the following:"§6026. Student career option tax credits

A.(1) The legislature hereby determines that a majorimpediment to the economy of the state is the lack of an adequatenumber of people in the workforce with sufficient education andwork skills to find and keep good paying jobs already present andthose that would be here if more of the workforce was of higherquality. Further, the legislature finds that the availability of a taxcredit which provides an incentive for manufacturing/industry-relatedbusinesses to employ junior and senior high school students will bea step toward providing such a workforce. It also will benefit thestudents by increasing the completion of related course work,improving school and work attendance, and leading to higher highschool graduation rates. Work based learning will increaseemployment of Louisiana's young people in high-skill, high wagejobs that will enable them to form families, live good lives, andcontribute to their communities.

(2) The legislature hereby determines that the availability of atax credit which provides an incentive for appropriate businesses toemploy students with disabilities will further the important goal ofassuring such children a means to lead happy, independent lives.

B. Definitions. For purposes of this Section, the following termsshall have the following definitions:

(1) "Student with disabilities" means an individual who isexperiencing developmental delays, as measured by appropriatediagnostic instruments and procedures, in one or more of the areas ofcognitive development, physical development, communicationdevelopment, social or emotional development, and adaptivedevelopment, or who has a diagnosed physical or mental conditionwhich results in developmental delay.

(2) "Superintendent" means the superintendent elected by eachcity, parish, or other local school board.

C.(1) Qualified taxpayers shall be allowed a non-refundablestudent career option tax credit against any Louisiana individual orcorporation income tax or corporation franchise tax for fifty percentof up to two thousand five hundred dollars of wages paid to eacheligible student career option employee, all as provided for in thisSection.

(2)(a) An eligible student career option employee means a junioror senior high school student or a student with disabilities employedunder a work-based learning agreement between a high school andthe taxpayer pursuant to an approved career and technical educationprogram in the student's area of concentration offered by the highschool under the High School Career Option Law provided for inSubpart A-1 of Part III of Chapter 1 of Title 17 of the LouisianaRevised Statutes of 1950, which agreement provides the student withemployment in any appropriate business in the student's area ofconcentration proposed by the superintendent and approved by theLouisiana Department of Education.

(b)(i) The work-based learning agreement shall provide that thestudent employee shall be employed for a minimum of fifteen hourseach week at a wage which shall not be less than one and two-tenthstimes the federal minimum hourly wage, and which employmentagreement will be entered into only if approved by thesuperintendent.

(ii) Each work-based learning agreement shall contain suchidentifying data which the Department of Revenue determines byrule is sufficient to determine the taxpayer's eligibility for andamount of the tax credit.

D. A credit shall be granted to a taxpayer for wages paid to aneligible student career option employee until the taxpayer is notifiedin writing by a certified work-based teacher-coordinator or thesuperintendent that the student employee is not complying with theacademic requirements of the career and technical educationprogram.

E. The credits provided for in this Section shall be allowedagainst income tax or corporate franchise tax for the taxable periodin which the credit is earned. If the tax credit exceeds the amount ofsuch taxes due, then any unused credit may be carried forward as acredit against subsequent tax liability for a period not to exceed tenyears.

F. Notwithstanding anything to the contrary in either Chapter 1or Chapter 5 of Subtitle II of this Title 47, as amended, the followingrules shall apply with respect to the application of the creditestablished in Subsection A of this Section:

(1) The credit for taxes paid by or on behalf of a corporationshall be applied against Louisiana corporate income and corporationfranchise taxes of such corporation.

(2) The credit for taxes paid by an individual shall be appliedagainst Louisiana personal income taxes.

(3) The credit for taxes paid by or on behalf of a corporationclassified under Subchapter S of the Internal Revenue Code of 1954,as amended, as an S corporation shall be applied first against anyLouisiana corporate income and corporation franchise taxes due bysuch S corporation, and the remainder of any such credit shall beallocated to the shareholder or shareholders of such S corporation inaccordance with their respective interests and applied against theLouisiana income tax of such shareholder or shareholders of the Scorporation.

(4) The credit for taxes paid by or on behalf of a partnershipshall be allocated to the partners according to their distributive sharesof partnership gross income and applied against any Louisianaincome tax and corporation franchise tax liability of such partners.

(5) The character of the credit for taxes paid by or on behalf ofa partnership or S corporation and allocated to the partners orshareholders, respectively, of such partnership or S corporation, shallbe determined as if such credit were incurred by such partners orshareholders, as the case may be in the same manner as incurred bythe partnership or S corporation, as the case may be.

(6) The credit for taxes paid by an estate or trust shall be appliedagainst the Louisiana income tax imposed on estates and trusts.

G. The Department of Education in consultation with theDepartment of Revenue shall promulgate rules and regulations tocarry out the purposes of this Section."


1090

On motion of Senator Amedee, the amendments were adopted.

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


YEAS

Mr President Cravins McPhersonAdley Duplessis MountAmedee Dupre MurrayBajoie Ellington NeversBarham Fields QuinnBoasso Fontenot RomeroBroome Gautreaux B SchedlerCassidy Gautreaux N ShepherdChaisson Jackson UlloCheek Jones Total - 29

NAYS

Cain Malone TheunissenHollis MarionneauxLentini Smith Total - 7

ABSENT

Heitmeier Kostelka Michot Total - 3

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

HOUSE BILL NO. 916—BY REPRESENTATIVE FARRAR

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

use tax; to provide for an exclusion for leases of certain palletsby manufacturers; to provide for an effective date; and toprovide for related matters.

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


YEAS

Adley Dupre MaloneAmedee Ellington MarionneauxBajoie Fields McPhersonBarham Fontenot MountBoasso Gautreaux B MurrayBroome Gautreaux N NeversCain Heitmeier QuinnCassidy Hollis RomeroChaisson Jackson SchedlerCheek Jones ShepherdCravins Kostelka SmithDuplessis Lentini Ullo Total - 36

NAYS

Mr President Theunissen Total - 2

ABSENT

Michot Total - 1

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

HOUSE BILL NO. 936—BY REPRESENTATIVES TOWNSEND, ALEXANDER, ANSARDI,ARNOLD, BADON, BALDONE, BARROW, BAUDOIN, BAYLOR,BOWLER, BRUCE, BURNS, BURRELL, K. CARTER, CAZAYOUX,CRANE, CROWE, CURTIS, DAMICO, DARTEZ, DOERGE, DORSEY,DOVE, DURAND, FARRAR, FAUCHEUX, FRITH, GRAY, GREENE,ELBERT GUILLORY, ELCIE GUILLORY, MICKEY GUILLORY, HEATON,HEBERT, HILL, HONEY, HUNTER, HUTTER, JACKSON, JEFFERSON,KENNEY, LABRUZZO, LAFLEUR, LAFONTA, LAMBERT, LANCASTER,LORUSSO, MARCHAND, MONTGOMERY, MORRELL, MORRIS,ODINET, PIERRE, PINAC, M. POWELL, T. POWELL, QUEZAIRE,RITCHIE, ROMERO, SALTER, SCALISE, GARY SMITH, JANE SMITH,JOHN SMITH, ST. GERMAIN, THOMPSON, TRAHAN, WADDELL,WALKER, WHITE, WILLIAMS, WINSTON, AND WOOTON

AN ACTTo amend and reenact R.S. 36:107(A) and 109(J) and R.S.

47:1123(10), 1125(C)(3), and 6007, relative to motion pictureinvestor tax credits; to provide for various changes andmodifications of the credit; to provide for administrators of thetax credit; to provide for time limits for the tax credits; toprovide for a cap for certain tax credits; to provide forapplication of the Act to certain projects; to dedicate certainfees; and to provide for related matters.

Floor Amendments Sent UpSenator Adley sent up floor amendments which were read.


Amendments proposed by Senator Adley to Re-Reengrossed HouseBill No. 936 by Representative Townsend

AMENDMENT NO. 1On page 6, line 16, after "facilities." delete the remainder of the line,and delete lines 17 through 19

AMENDMENT NO. 2On page 7, line 20, after "certification" insert: ", unless theproduction has commenced, in which case the initial certificationshall be valid until the production is completed"

AMENDMENT NO. 3On page 8, line 5, after "certification" insert: ", unless the productionhas commenced, in which case the initial certification shall be validuntil the production is completed"



AMENDMENT NO. 6On page 19, line 25, after "expenditures are" change "incurred,although" to the following: "made, provided that twenty-five percentof the total base investment provided for in the initial certification ofa production shall be certified as expended before any credits may beearned. However,"

AMENDMENT NO. 7On page 19, line 26, change "incurred" to "made"

On motion of Senator Adley, the amendments were adopted.


1091




AMENDMENT NO. 1On page 19, lines 6 and 7, change "Civil Code Article 2924(B)(1)" to"R.S. 9:3500(B)(1)"


Floor Amendments Sent UpSenator Broome sent up floor amendments which were read.


Amendments proposed by Senator Broome to Re-Reengrossed HouseBill No. 936 by Representative Townsend

AMENDMENT NO. 1On page 19, line 23, after "date of" delete the remainder of the lineand insert: "effectiveness of all rules promulgated in"

On motion of Senator Broome, the amendments were adopted.

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


YEAS

Mr President Cravins LentiniAdley Duplessis McPhersonAmedee Dupre MountBajoie Ellington MurrayBarham Fields NeversBoasso Fontenot RomeroBroome Gautreaux B SchedlerCain Gautreaux N ShepherdCassidy Hollis SmithChaisson Jackson TheunissenCheek Jones Ullo Total - 33

NAYS

Malone Quinn Total - 2

ABSENT

Heitmeier MarionneauxKostelka Michot Total - 4

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

HOUSE BILL NO. 940—BY REPRESENTATIVES BURRELL, ARNOLD, BADON, BALDONE,CURTIS, FARRAR, FAUCHEUX, KENNEY, MARCHAND, RICHMOND,RITCHIE, AND TOWNSEND

AN ACTTo amend and reenact R.S. 47:297.6(A)(1) and (5), relative to

individual income tax credits; to increase the tax credit for therehabilitation of residential structures in certain areas; toincrease the maximum amount of credits allowed by the State

Historic Preservation Office; to extend the time period for thecredit; to provide for an effective date; and to provide for relatedmatters.


Senator Jones in the ChairHOUSE BILL NO. 975— (Substitute for House Bill No. 924 by

Representative Odinet)BY REPRESENTATIVES ODINET, ARNOLD, BADON, BALDONE,CURTIS, FAUCHEUX, HEATON, HILL, HONEY, KENNEY,MONTGOMERY, RITCHIE, JANE SMITH, AND TOWNSEND

AN ACTTo enact R.S. 47:315.5, relative to state sales and use taxes; to

provide for a state sales and use tax exemption for certainpersons on purchases of tangible personal property required torebuild, repair, or replace certain storm-damaged property; toauthorize the Department of Revenue to issue refunds undercertain circumstances; to authorize the Department of Revenueto prescribe certain forms and regulations; to provide for aneffective date; and to provide for related matters.

Floor Amendments Sent UpSenator Nevers sent up floor amendments which were read.


Amendments proposed by Senator Nevers to Reengrossed House BillNo. 975 by Representative Odinet

AMENDMENT NO. 1On page 2, delete line 23, and insert:

"Section 2. The provisions of this Act shall become effective onthe first day of the month following the receipt by the secretary of theDepartment of Revenue of written notice from the Commissioner ofAdministration that the federal government will recognize the staterevenue lost from the implementation of the exemption provided forin this Act as an in-kind match or other contribution toward federalmoney or other federal benefits provided to the state for theLouisiana Road Home Program."

On motion of Senator Nevers, the amendments were adopted.

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


YEAS

Mr President Duplessis MaloneAdley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fields MurrayBarham Fontenot NeversBoasso Gautreaux B QuinnBroome Gautreaux N RomeroCain Heitmeier SchedlerCassidy Hollis ShepherdChaisson Jackson SmithCheek Jones TheunissenCravins Kostelka Ullo Total - 36

NAYS

Total - 0


1092

ABSENT

Lentini Michot Mount Total - 3

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

HOUSE BILL NO. 148—BY REPRESENTATIVES FARRAR, BURRELL, R. CARTER, FAUCHEUX,GALLOT, ELBERT GUILLORY, LABRUZZO, M. POWELL, RICHMOND,TOOMY, AND WHITE

AN ACTTo amend and reenact R.S. 16:11(A)(1), relative to the annual salary

of assistant district attorneys; to increase the annual salary ofassistant district attorneys payable by the state; and to providefor related matters.



YEAS

Mr President Dupre MarionneauxAdley Fields McPhersonAmedee Fontenot MountBajoie Gautreaux B MurrayBarham Gautreaux N NeversBoasso Heitmeier QuinnBroome Hollis RomeroCain Jackson SchedlerChaisson Jones ShepherdCheek Kostelka SmithCravins Lentini UlloDuplessis Malone Total - 35

NAYS

Cassidy Theunissen Total - 2

ABSENT

Ellington Michot Total - 2


HOUSE BILL NO. 157—BY REPRESENTATIVES WALSWORTH, ALEXANDER, BADON,BARROW, CHANDLER, DANIEL, DOWNS, ELBERT GUILLORY,HONEY, KENNEY, MCDONALD, MONTGOMERY, M. POWELL, T.POWELL, RITCHIE, TRAHAN, AND WALKER

AN ACTTo amend and reenact R.S. 17:164.1(A), relative to requirements for

school bus crossing control devices; to provide that the StateBoard of Elementary and Secondary Education shall adopt rulesand regulations requiring that every school bus used in thetransportation of students be equipped with a crossing controldevice by a specified date; and to provide for related matters.

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


YEAS


NAYS

Total - 0ABSENT

Michot Total - 1

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


BY REPRESENTATIVES DOERGE AND KATZ AN ACT

To amend and reenact Children's Code Articles 437(A), 603(16.1),and 610(G) and to enact Children's Code Article 603(14.1.1),relative to the Children's Code; to provide for referral tomediation; to provide with respect to the definition of newborn;to add alcohol exposure to the definition of prenatal neglect; toprovide for the duty of a physician to issue a report in certaininstances; and to provide for related matters.



YEAS

Mr President Duplessis MaloneAdley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fields MountBarham Fontenot MurrayBoasso Gautreaux B QuinnBroome Gautreaux N RomeroCain Heitmeier SchedlerCassidy Hollis ShepherdChaisson Jackson SmithCheek Jones TheunissenCravins Lentini Ullo Total - 36

NAYS

Total - 0ABSENT

Kostelka Michot Nevers Total - 3



1093

HOUSE BILL NO. 247—BY REPRESENTATIVES MCDONALD, FANNIN, HUNTER, ANDTHOMPSON AND SENATOR BARHAM

AN ACTTo amend and reenact R.S. 42:802(B)(6) and to enact R.S. 42:802.1,

relative to health benefits plans administered by the Office ofGroup Benefits; to provide for duties of the Office of GroupBenefits; to provide with respect to contracts for the provisionof plans for health care services; to provide for extraordinaryplan enrollment procedures for certain fiscal years; and toprovide for related matters.

Floor Amendments Sent UpSenator Jones sent up floor amendments which were read.


Amendments proposed by Senator Jones to Engrossed House Bill No.247 by Representative McDonald


"E. No provision of this Section shall require the Office ofGroup Benefits to utilize any insurance product that increases coststo the plan of benefits as determined by the independent actuarialprocess, all parties represented. The comparison shall be based on atleast twelve months experience beginning no earlier than January 1,2008. All reasonable cost for the independent actuary shall be theresponsibility of the health insurance provider which is the subject ofsuch actuarial determination and not the Office of Group Benefits.The Office of Group Benefits shall arrange for this comparison andfuture comparisons at no more frequent intervals than annually."

AMENDMENT NO. 2On page 3, line 6, change "fifteen" to "sixty"

AMENDMENT NO. 3On page 3, line 6, change "sixty" to "thirty"

On motion of Senator Jones, the amendments were adopted.

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


YEAS


NAYS

Total - 0ABSENT

Michot Total - 1

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

HOUSE BILL NO. 321—BY REPRESENTATIVES BURRELL, ALEXANDER, BAYLOR, BRUCE,DOERGE, MONTGOMERY, MORRIS, JANE SMITH, TOOMY, WADDELL,AND WILLIAMS

AN ACTTo amend and reenact R.S. 9:165(C), relative to the Unclaimed

Property Leverage Fund; to provide for uses of moniesdeposited into the fund; to provide for the deposit of monies intothe fund; to provide for an effective date; and to provide forrelated matters.


HOUSE BILL NO. 347—BY REPRESENTATIVES GALLOT, ANSARDI, AND CAZAYOUX

AN ACTTo amend and reenact R.S. 18:426.1, relative to election

commissioners; to provide relative to the compensation ofelection commissioners; and to provide for related matters.

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


YEAS

Mr President Duplessis MaloneAdley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fields MountBarham Fontenot MurrayBoasso Gautreaux B QuinnBroome Gautreaux N RomeroCain Heitmeier SchedlerCassidy Hollis ShepherdChaisson Jackson SmithCheek Jones TheunissenCravins Lentini Ullo Total - 36

NAYS

Total - 0ABSENT

Kostelka Michot Nevers Total - 3

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

HOUSE BILL NO. 360—BY REPRESENTATIVE TOWNSEND

AN ACTTo amend and reenact R.S. 49:316.1(A)(2)(b) and (C), relative to

contracts; to provide with respect to state contracts for theprovision and processing of credit and debit cards or devices; toauthorize certain contracts by public institutions of highereducation; and to provide for related matters.



1094



AMENDMENT NO. 1On page 1, line 2, after "(C)" and before the comma "," insert "and toenact R.S. 49:258.1"

AMENDMENT NO. 2On page 1, at the end of line 4, add the following: " to provide withrespect to state contracts for private legal counsel to represent thestate in limited cases; to authorize the attorney general to contractwith attorneys using contingency fee contracts in suits involvingcertain named drugs; to provide for limitations on such contingencyfees; to provide for the disposition of monies recovered under thecontracts;"

AMENDMENT NO. 3On page 1, line 7, after "reenacted" and before "to" insert "and R.S.49:258.1 is hereby enacted"


"§258.1. Contracted legal services; contingency fee contractsThe attorney general may contract with and employ private legal

counsel to file suit against drug manufacturers for recovery ofdamages caused by Zyprexia, Risperdal, and Seroquel. Thecompensation for such legal representation may be on a contingencyfee basis not to exceed twenty-five percent of the total amountsrecovered and shall be fixed by contract between the attorney generaland the private counsel. All monies recovered for the state under anysuch contract shall, after deducting and paying the private attorneyfees and all other lawful costs and charges, be transmitted to the statetreasurer for deposit into the state treasury.

* * *"


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


YEAS

Mr President Dupre MaloneAdley Ellington MarionneauxAmedee Fields McPhersonBajoie Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N QuinnBroome Heitmeier RomeroCain Hollis SchedlerChaisson Jackson ShepherdCheek Jones SmithCravins Kostelka TheunissenDuplessis Lentini Ullo Total - 36

NAYS

Total - 0ABSENT

Cassidy Michot Nevers Total - 3

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

Rules SuspendedSenator Mount asked for and obtained a suspension of the rules

for the purpose of allowing the Committee on Revenue and FiscalAffairs to meet in the back of the chamber to hear House Bill No.944 at this time.

RecessOn motion of Senator Fontenot, the Senate took a recess until

12:30 o'clock P.M.

After RecessThe Senate was called to order at 12:30 o'clock P.M. by the

President of the Senate.

ROLL CALLThe roll being called, the following members answered to their

names:

PRESENT


ABSENT

Michot Total - 1

The President of the Senate announced there were 38 Senatorspresent and a quorum.

Senate Business Resumed


as follows:


JOINT RESOLUTIONS

June 25, 2007



SENATE BILL NO. 360—BY SENATORS MICHOT, KOSTELKA, MALONE, MOUNT, MURRAYAND NEVERS

AN ACTTo amend and reenact R.S. 47:337.18(B)(1), to enact R.S.

47:306(A)(6) and (7), and to repeal R.S. 47:306(B) and (C) and337.18(B)(2) and (3), relative to the collection of advance sales


1095

tax of the state and its political subdivisions by manufacturers,wholesalers, jobbers and suppliers from retail dealers; to providefor an effective date; and to provide for related matters.


SENATE BILL NO. 337—BY SENATORS ADLEY, NEVERS, N. GAUTREAUX, AMEDEE,BARHAM, BOASSO, CAIN, CHAISSON, CHEEK, CRAVINS, DUPLESSIS,DUPRE, ELLINGTON, B. GAUTREAUX, HINES, KOSTELKA,MCPHERSON, MICHOT, MOUNT, MURRAY, ROMERO, SCHEDLER ANDSMITH AND REPRESENTATIVE DOERGE

AN ACTTo enact R.S. 47:647.1, relative to dedicating certain state revenues

for capital enhancement of technical colleges and communitycolleges; to create the Technical College - Community CollegeCapital Enhancement Fund in the state treasury; to provide forallocation of certain monies to the fund; to specify purposes forwhich monies received from the fund shall be used; to providefor an effective date; and to provide for related matters.


SENATE BILL NO. 352—BY SENATORS MICHOT AND QUINN

AN ACTTo amend and reenact R.S. 51:1787(A)(3), relative to enterprise

zones; to provide for tax credits for certain employees; and toprovide for related matters.


SENATE BILL NO. 265—BY SENATOR ULLO

AN ACTTo amend and reenact R.S. 17:416(A)(2)(c), (B)(2) and (3)(b) and

(d)(i), (C)(2), and R.S. 17:416.2(A) and (B) and to enact R.S.17:416.2(H), relative to student suspensions and expulsions; toprovide for minimum expulsion periods for certain offenses; toprovide relative to student participation in appropriaterehabilitation or counseling programs; to provide relative tostudent admission to regular and alternative education programs;to provide relative to local school board applications for waiversfrom certain requirements; to provide relative to compliancemonitoring; and to provide for related matters.


SENATE BILL NO. 313—BY SENATORS ADLEY AND CHEEK

AN ACTTo amend and reenact R.S. 47:302(R), 321(H), and 331(P)(1), and to

enact R.S. 47:305.56, relative to the sales and use tax; to exemptfrom state sales and use tax the purchase of a motor vehicle thathas been or will be modified for use by an orthopedicallyhandicapped person; to provide for an effective date; to providefor the promulgation of rules and regulations; and to provide forrelated matters.


SENATE BILL NO. 285—BY SENATOR MICHOT

AN ACTTo amend and reenact R.S. 51:2453(1), (2), (5)(introductory

paragraph), 2454(B), (C), 2455(E)(2), 2457(A)(2)(b), (c), and(f)(i), 2461(B), and 2462, and to enact R.S. 51:2453(6), and2457(A)(2)(h), relative to the Louisiana Quality Jobs Program;to provide for the benefit rate; to provide for wages; to designatecertain distressed regions in this state; to provide for health carebenefits; to extend the deadline to accept applications for theprogram; to provide for the applicability of existing contracts;and to provide for related matters.


SENATE BILL NO. 292—BY SENATOR MICHOT AND REPRESENTATIVES ALARIO ANDTOWNSEND AND SENATORS BARHAM, CRAVINS AND N.GAUTREAUX AND REPRESENTATIVES ALEXANDER, HEBERT,MONTGOMERY, PIERRE, ROBIDEAUX, TRAHAN AND WALSWORTH

AN ACTTo amend and reenact R.S. 47:3204(B)(1) and 4302(B), relative to

contracts of tax exemption with the Board of Commerce andIndustry; to remove the time limitation for the number of yearsthe exemption is allowed; to provide for subsequent renewals ofa contract; and to provide for related matters.


SENATE BILL NO. 282—BY SENATOR SCHEDLER

AN ACTTo enact Part VII-A of Chapter 20 of Title 37 of the Louisiana

Revised Statutes of 1950, to be comprised of R.S. 37:1745.2through 1745.8 and R.S. 37:2372.1, relative to health careproviders; to include legislative findings; to provide definitions;to provide for reporting of certain actions by health care entities;to provide with respect to the entities to which such reporting isrequired; to provide for confidentiality of mandatory reports; toprovide for the limitation of liability for mandatory reporters; toprovide relative to the use of information provided bymandatory reporters; to provide for criminal background checksby the State Board of Examiners of Psychologists; to provide foran investigation fee; and to provide for related matters.


SENATE BILL NO. 233—BY SENATOR CRAVINS

AN ACTTo enact R.S. 33:2740.67, relative to the hotel/motel occupancy tax;

to provide for authorization of the city of Opelousas governingauthority to levy and collect a hotel/motel occupancy tax withinthe city of Opelousas; to provide for the purposes for which theproceeds of the tax may be used; to provide for an effectivedate; and to provide for related matters.


SENATE BILL NO. 255—BY SENATOR HOLLIS

AN ACTTo amend and reenact R.S. 47:843(B), (C)(3), and (F) and 851(B)(1)

and (2)(b), relative to tobacco tax; to provide relative todiscounts to out-of-state wholesale tobacco dealers; to removethe authority of the secretary of the Department of Revenue toenter into reciprocal agreements for discount purposes; toincrease the tobacco tax discount; and to provide for relatedmatters.


SENATE BILL NO. 54—BY SENATOR DUPRE

AN ACTTo enact R.S. 42:1123(37), relative to the Code of Governmental

Ethics; to prohibit certain actions between an insurance producerand a governmental entity; to permit an insurance producer toprovide certain insurance services to a governmental entity; toprovide for disclosure of insurance producer compensation; toprovide for other contracts; and to provide for related matters.



AN ACTTo amend and reenact R.S. 47:6023(B)(5) and (6) and (C)(1), relative

to income tax; to extend the sound recording investor tax credit;to provide for certain time limits for approvals and certainreports; to provide for prohibition of additional tax benefits forcertain expenditures; and to provide for related matters.


1096


SENATE BILL NO. 181—BY SENATOR NEVERS

AN ACTTo enact R.S. 40:2116(D)(4) and (5), relative to nursing home

facilities; to provide for the bed abeyance program; to providefor the licensing and approval of nursing facilities and additionalbeds in nursing facilities; and to provide for related matters.


SENATE BILL NO. 183—BY SENATORS QUINN AND SMITH

AN ACTTo enact R.S. 22:1430.23, relative to the Louisiana Citizens Property

Insurance Corporation; to require the Louisiana CitizensProperty Insurance Corporation to provide a preference toLouisiana adjusters and adjusting firms; and to provide forrelated matters.


SENATE BILL NO. 161—BY SENATORS NEVERS AND BROOME AND REPRESENTATIVE FRITH

AN ACTTo enact R.S. 14:32.10 and R.S. 40:1299.35.17 and to repeal R.S.

14:32.9 and R.S. 40:1299.35.16, relative to abortion; to providefor the crime of partial birth abortion; to provide for penalties;to provide for the prohibition of the performance of partial birthabortions by a physician or any other person except wherenecessary to preserve the life of the mother; to provide for civilremedies; and to provide for related matters.


SENATE BILL NO. 172—BY SENATOR CHAISSON

AN ACTTo amend and reenact R.S. 15:572.8, relative to compensation for

wrongful conviction and imprisonment; to provide certainprocedural requirements for persons seeking compensation forwrongful conviction and incarceration; to provide for venue andservice of process; to provide for rules of procedure; to providea maximum payment; to require an annual report; and to providefor related matters.


SENATE BILL NO. 32—BY SENATORS MURRAY, DUPLESSIS, BAJOIE AND QUINN ANDREPRESENTATIVES BALDONE, CURTIS, FARRAR, FAUCHEUX,HONEY, RICHMOND, RITCHIE, SCALISE AND JANE SMITH

AN ACTTo amend and reenact R.S. 47:293(7) and to enact R.S.

47:287.738(G) and 293(6)(a)(i) and (8), relative to income taxdeductions; to provide for an individual and corporate incometax deduction for certain gratuitous benefits; and to provide forrelated matters.


SENATE BILL NO. 110—BY SENATORS HINES, AMEDEE, BAJOIE, BARHAM, BOASSO,BROOME, CAIN, CHAISSON, CHEEK, CRAVINS, DUPLESSIS, DUPRE,ELLINGTON, FIELDS, FONTENOT, B. GAUTREAUX, N. GAUTREAUX,HOLLIS, JONES, MCPHERSON, MICHOT, MOUNT, MURRAY, NEVERS,ROMERO, SCHEDLER, SHEPHERD, SMITH AND THEUNISSEN ANDREPRESENTATIVES BURNS, R. CARTER, DURAND, KATZ,MCDONALD, STRAIN AND WINSTON

AN ACTTo amend and reenact R.S. 37:1103(7) and (10)(c), relative to mental

health counselors; to clarify that psychotherapy treatment is amental health counseling service; and to provide for relatedmatters.


SENATE BILL NO. 65—BY SENATOR ADLEY AND REPRESENTATIVES BALDONE, CURTIS,FARRAR, FAUCHEUX, HONEY, RICHMOND, RITCHIE AND JANESMITH

AN ACTTo enact R.S. 47:315.5, relative to sales and use tax of the state; to

grant an exemption in the form of a restricted refund to certaincharitable institutions; to provide a refund procedure and foraudits and examinations; and to provide for related matters.


SENATE BILL NO. 190—BY SENATOR MURRAY

AN ACTTo amend and reenact R.S. 27:311(D)(2), relative to the Video Draw

Poker Devices Control Law; to provide for the calculation offranchise payments; and to provide for related matters.


SENATE BILL NO. 235—BY SENATOR SMITH

AN ACTTo amend and reenact R.S. 42:1119(B)(2)(b), relative to nepotism in

certain hospital service districts and hospital public trustauthorities; to permit certain hospital service districts to enterinto an initial recruiting contract with a health care provider whois a member of the immediate family of a member of the parishgoverning authority or a member of the governing authority orof the chief executive of the district or authority by certainhospital service districts and hospital public trust authorities;and to provide for related matters.


SENATE BILL NO. 148—BY SENATORS SCHEDLER, ADLEY, MALONE AND QUINN

AN ACTTo authorize and provide for the lease of certain state property in St.

Tammany Parish by the Department of Health and Hospitals tothe Methodist Home for Children; to provide for certain termsand conditions; and to provide for related matters.




Message from the HouseCONCURRING IN

SENATE CONCURRENT RESOLUTIONS

June 25, 2007


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

SENATE CONCURRENT RESOLUTION NO. 58—BY SENATOR MOUNT

A CONCURRENT RESOLUTIONTo create the Louisiana Task Force on Domestic Violence to study

current law, policies, and practices in response to domestic anddating violence and make recommendations for legislation to theLegislature of Louisiana no later that March 1, 2008.



1097

SENATE CONCURRENT RESOLUTION NO. 64—BY SENATOR JONES

A CONCURRENT RESOLUTIONTo urge and request every mayor, sheriff and chief of police for the

state of Louisiana to make available the opportunity for everyperson who has been arrested, but not convicted of a crime, theright to vote absentee in the fall 2007 election.


SENATE CONCURRENT RESOLUTION NO. 67—BY SENATOR BROOME

A CONCURRENT RESOLUTIONTo establish a statewide Task Force on Poverty to outline

comprehensive approaches for reducing poverty with tangiblegoals in mind.


SENATE CONCURRENT RESOLUTION NO. 97—BY SENATOR N. GAUTREAUX

A CONCURRENT RESOLUTIONTo create the Louisiana Medical Staffing Agency Task Force to study

the medical staffing agency industry in Louisiana to ascertainthe effect of medical staffing agencies on the delivery of qualityhealth care in this state and to determine whether the industryshould be subject to registration, licensure, or other regulation.


SENATE CONCURRENT RESOLUTION NO. 41—BY SENATORS N. GAUTREAUX, HINES, ADLEY, CAIN, CRAVINS,MURRAY, NEVERS, ROMERO, SMITH AND THEUNISSEN

A CONCURRENT RESOLUTIONTo urge and request the Board of Supervisors of Louisiana

Community and Technical Colleges to submit written quarterlyreports to the Senate Select Committee on Vocational-TechnicalEducation, the Senate Committee on Education, and the HouseCommittee on Education regarding the progress made inimplementing the plan for regional coordination and support ofthe campuses comprising the Louisiana Technical College.


SENATE CONCURRENT RESOLUTION NO. 91—BY SENATOR LENTINI

A CONCURRENT RESOLUTIONTo urge and request the judicial council to study case filing and other

data used to determine the need for judgeships and reporting onjudicial performance, and to report its findings andrecommendations to the legislature no later than March 14 ofeach year.


SENATE CONCURRENT RESOLUTION NO. 31—BY SENATORS MCPHERSON, ELLINGTON AND SMITH

A CONCURRENT RESOLUTIONTo urge and request the Department of Transportation and

Development, in cooperation and consultation with localgoverning authorities, to begin a study of the feasibility anddevelopment of a beltway around the cities of Alexandria andPineville.


SENATE CONCURRENT RESOLUTION NO. 8—BY SENATORS HEITMEIER AND HINES

A CONCURRENT RESOLUTIONTo urge and request each public postsecondary education institution

to develop and implement a comprehensive emergency responseand crisis communication plan and be prepared to respond in adecisive, timely, and appropriate manner to emergency and life-threatening situations and events that may occur on campus.


SENATE CONCURRENT RESOLUTION NO. 83—BY SENATOR MURRAY

A CONCURRENT RESOLUTIONTo urge and request the Housing Policy Council of the Financial

Services Roundtable to review and make recommendationsregarding the Road Home Program.


SENATE CONCURRENT RESOLUTION NO. 72—BY SENATOR CAIN

A CONCURRENT RESOLUTIONTo urge and request the Senate and House committees on agriculture,

forestry, aquaculture and rural development to study the issuesof the National Animal Identification System of the UnitedStates Department of Agriculture and to hold a public hearing ineach region of the state to provide an opportunity for publictestimony on the program.


SENATE CONCURRENT RESOLUTION NO. 109—BY SENATOR SCHEDLER

A CONCURRENT RESOLUTIONTo request the committees on health and welfare of the Senate and

House of Representatives to study and make recommendationswith respect to a process for dealing with issues of the scope ofpractice for various medical and health care disciplines.


SENATE CONCURRENT RESOLUTION NO. 6—BY SENATORS B. GAUTREAUX, CHAISSON, CHEEK, N. GAUTREAUX,JACKSON, MCPHERSON AND SCHEDLER

A CONCURRENT RESOLUTIONTo urge and request the Senate Committee on Health and Welfare

and the House of Representatives Committee on Health andWelfare to meet and function as a joint committee to study andsubmit a report to the legislature regarding the expansion andfunding of Medicaid waiver slots for children withdevelopmental disabilities.


SENATE CONCURRENT RESOLUTION NO. 39—BY SENATORS JONES AND FIELDS AND REPRESENTATIVE GALLOT

A CONCURRENT RESOLUTIONTo urge and request the president of the Senate and the speaker of the

House of Representatives to permanently display a photographor portrait of "Coach" Eddie G. Robinson in Memorial Hall atthe Louisiana State Capitol or in such other conspicuous placeof prominence.


SENATE CONCURRENT RESOLUTION NO. 94—BY SENATOR MCPHERSON

A CONCURRENT RESOLUTIONTo nominate Black Creek in Grant Parish for inclusion in the

Louisiana Natural and Scenic Rivers System.


SENATE CONCURRENT RESOLUTION NO. 85—BY SENATORS DUPLESSIS AND MURRAY

A CONCURRENT RESOLUTIONTo urge and request that credit reporting agencies doing business in

Louisiana support and assist Louisiana citizens who resided inparticular parishes at the time those parishes were declaredadversely impacted by hurricanes Katrina and Rita and who arestruggling to maintain their creditworthiness.



1098

SENATE CONCURRENT RESOLUTION NO. 34—BY SENATORS B. GAUTREAUX, DUPRE AND ULLO

A CONCURRENT RESOLUTIONTo urge and request the Coastal Protection and Restoration Authority

and other appropriate entities to consider the feasibility ofcertain activities in implementing coastal protection andrestoration projects.


SENATE CONCURRENT RESOLUTION NO. 49—BY SENATOR N. GAUTREAUX AND REPRESENTATIVES BAUDOIN,DANIEL, FRITH, HILL, LAMBERT, ODINET, ROBIDEAUX AND JACKSMITH

A CONCURRENT RESOLUTIONTo urge and request the federal Department of Interior, U.S. Fish &

Wildlife Service, to reestablish migratory and nonmigratoryflocks of the endangered whooping crane in Louisiana.


SENATE CONCURRENT RESOLUTION NO. 35—BY SENATOR MCPHERSON

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

engage in a cooperative effort with other public and privateorganizations and institutions in establishing the LouisianaHealth Care Quality Forum.


SENATE CONCURRENT RESOLUTION NO. 71—BY SENATOR MARIONNEAUX

A CONCURRENT RESOLUTIONTo urge and request the Department of Public Safety and Corrections

to change the names of the three state juvenile residentialfacilities from the Louis Jetson Correctional Center for Youth,A.L. "Red" Swanson Correctional Center for Youth, and BridgeCity Correctional Center for Youth to the Louis Jetson Centerfor Youth, A.L. "Red" Swanson Center for Youth, and BridgeCity Center for Youth, respectively.


SENATE CONCURRENT RESOLUTION NO. 20—BY SENATOR ADLEY

A CONCURRENT RESOLUTIONTo urge and request the governing authority of each parish to post its

official journals and announcements, and meeting dates, timesand places on its website, if the governing authority has one.




Privilege Report of theLegislative Bureau

June 25, 2007


I am directed by your Legislative Bureau to submit thefollowing report:

The following bills are approved as to construction andduplication.



domestic insurers; to authorize certain investments by such

insurers in limited liability companies; and to provide for relatedmatters.


Respectfully submitted,ARTHUR J. "ART" LENTINI

Chairman

Adoption of Legislative Bureau ReportOn motion of Senator Lentini, the Bills and Joint Resolutions

were read by title and passed to a third reading.

Mr. President in the Chair


and Final Passage, ResumedThe following House Bills and Joint Resolutions on Third


HOUSE BILL NO. 380—BY REPRESENTATIVE JOHN SMITH

AN ACTTo amend and reenact R.S. 16:516, relative to the payment of health

insurance premiums of district attorneys from the ThirtiethJudicial District; to provide with respect to the payment ofhealth insurance premiums for certain retired district attorneys;to establish criteria for eligibility; to provide for payments ofsuch premiums by the district attorney's office; and to providefor related matters.



YEAS

Mr President Duplessis MaloneAdley Dupre MarionneauxAmedee Ellington McPhersonBarham Fontenot MurrayBroome Gautreaux B QuinnCain Hollis RomeroCassidy Jackson ShepherdChaisson Jones SmithCheek Kostelka TheunissenCravins Lentini Ullo Total - 30

NAYS

Total - 0ABSENT

Bajoie Gautreaux N MountBoasso Heitmeier NeversFields Michot Schedler Total - 9

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


1099

HOUSE BILL NO. 409—BY REPRESENTATIVE CAZAYOUX

AN ACTTo enact R.S. 39:1554(D)(7), relative to state procurement; to exempt

from the state procurement code certain interinstitutionalagreements of accredited Louisiana institutions of highereducation; to exempt certain agreements between co-owners ofintellectual property; to provide for an effective date; and toprovide for related matters.



YEAS

Mr President Duplessis MarionneauxAdley Dupre McPhersonAmedee Ellington MurrayBarham Fontenot QuinnBoasso Gautreaux B RomeroBroome Hollis ShepherdCain Jackson SmithCassidy Jones TheunissenChaisson Kostelka UlloCheek LentiniCravins Malone Total - 31

NAYS

Total - 0ABSENT

Bajoie Heitmeier NeversFields Michot SchedlerGautreaux N Mount Total - 8


HOUSE BILL NO. 425—BY REPRESENTATIVE ARNOLD

AN ACTTo amend and reenact R.S. 11:3366, 3378(A)(1)(e), (2)(b), and (3),

3384(A), (B), (C), (D), and (H), 3385(B)(1), and 3385.1(A) and(L), relative to the Firefighters' Pension and Relief Fund in thecity of New Orleans; to provide for military credit for membersof such system; to provide relative to survivor benefits andrelated requirements; to provide for vesting, retirementeligibility, and computation of benefits; to provide relative toconditions for optional allowances; to provide for a change ineligibility for the Deferred Option Retirement Plan; and toprovide for related matters.



YEAS

Mr President Duplessis MaloneAdley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N Quinn

Broome Heitmeier RomeroCain Hollis SchedlerCassidy Jackson ShepherdChaisson Jones SmithCheek Kostelka TheunissenCravins Lentini Ullo Total - 36

NAYS

Total - 0ABSENT

Fields Michot Nevers Total - 3


HOUSE BILL NO. 427—BY REPRESENTATIVE ARNOLD

AN ACTTo amend and reenact R.S. 11:3366, 3370(A), 3378(A)(1)(c) through

(f) and (h) and (2)(a) through (c), and 3383(A), to provide withrespect to the Firefighters' Pension and Relief Fund in the cityof New Orleans; to provide for service credit and benefits; toprovide for military service credit; to provide for use of excessinterest earnings; to provide for survivor benefits; to provide forminimum benefits; to provide for an effective date; and toprovide for related matters.



YEAS

Mr President Duplessis MaloneAdley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N QuinnBroome Heitmeier RomeroCain Hollis SchedlerCassidy Jackson ShepherdChaisson Jones SmithCheek Kostelka TheunissenCravins Lentini Ullo Total - 36

NAYS

Total - 0ABSENT



HOUSE BILL NO. 440—BY REPRESENTATIVES SCHNEIDER, WALSWORTH, ARNOLD,CURTIS, DOERGE, GEYMANN, HARRIS, KLECKLEY, MCDONALD,ROBIDEAUX, AND TRAHAN

AN ACTTo amend and reenact R.S. 11:2178(M)(1), relative to the Sheriffs'

Pension and Relief Fund; to provide authority for the board oftrustees to grant a cost-of-living adjustment for the year endingJune 30, 2007; to provide for limitations on such cost-of-livingadjustment; to provide for eligibility for such cost-of-living


1100

adjustment; to provide for an additional cost-of-livingadjustment for certain individuals over sixty-five; and to providefor related matters.



YEAS

Mr President Duplessis MaloneAdley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N QuinnBroome Heitmeier RomeroCain Hollis SchedlerCassidy Jackson ShepherdChaisson Jones SmithCheek Kostelka TheunissenCravins Lentini Ullo Total - 36

NAYS

Total - 0ABSENT



HOUSE BILL NO. 450—BY REPRESENTATIVE BURNS

AN ACTTo amend and reenact R.S. 3:2(C) and to enact R.S. 40:16.2, relative

to state funds; to provide for the disposition of certain proceedsfrom the sale or lease of certain property operated or previouslyoperated by the Department of Health and Hospitals; to createthe Department of Health and Hospitals' Facility Support Fundas a special fund in the state treasury; to provide for the deposit,use, and investment of monies in the fund; and to provide forrelated matters.

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


YEAS

Mr President Duplessis LentiniAdley Dupre MarionneauxAmedee Ellington McPhersonBajoie Fields MountBarham Fontenot MurrayBoasso Gautreaux B QuinnBroome Gautreaux N RomeroCain Heitmeier SchedlerCassidy Hollis ShepherdChaisson Jackson SmithCheek Jones TheunissenCravins Kostelka Ullo Total - 36

NAYS

Malone Total - 1

ABSENT

Michot Nevers Total - 2

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

Rules SuspendedSenator Heitmeier asked for and obtained a suspension of the

rules for the purpose of taking up selected House Bills, which are onThird Reading and Final Passage, out of their regular order.

HOUSE BILL NO. 828—BY REPRESENTATIVE ALARIO

AN ACTTo provide for the establishment and reestablishment of agency

ancillary funds, to be specifically known as internal servicefunds, auxiliary accounts, or enterprise funds for certain stateinstitutions, officials, and agencies; to provide for appropriationof funds; to provide for an effective date; and to regulate theadministration of said funds.

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


YEAS

Mr President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MountBajoie Fontenot MurrayBarham Gautreaux B QuinnBoasso Gautreaux N RomeroBroome Heitmeier SchedlerCain Hollis ShepherdCassidy Jackson SmithChaisson Jones TheunissenCheek Kostelka UlloCravins LentiniDuplessis Malone Total - 37

NAYS

Total - 0ABSENT


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


AN ACTTo provide with respect to the Revenue Sharing Fund and the

allocation and distribution thereof for Fiscal Year 2007-2008;and to provide for related matters.



1101


YEAS


NAYS

Total - 0ABSENT



HOUSE BILL NO. 920—BY REPRESENTATIVES SALTER, DORSEY, LANCASTER, ARNOLD,AND ALARIO AND SENATORS HINES, BAJOIE, JONES, FIELDS, ANDHEITMEIER

AN ACTTo appropriate funds for Fiscal Year 2007-2008 to defray the

expenses of the Louisiana Legislature, including the expenses ofthe House of Representatives and the Senate, of legislativeservice agencies, and of the Louisiana State Law Institute; andotherwise to provide with respect to the appropriations andallocations herein made.



YEAS


NAYS

Total - 0ABSENT



HOUSE BILL NO. 931—BY REPRESENTATIVES ALARIO, CAZAYOUX, DEWITT, GALLOT,LAFLEUR, SALTER, AND TOWNSEND AND SENATORS CHAISSON,HINES, LENTINI, AND MARIONNEAUX

AN ACTTo appropriate funds to defray the expenses of the Louisiana

Judiciary, including the Supreme Court, Courts of Appeal,District Courts, Criminal District Court of Orleans Parish, andother courts; and to provide for related matters.



YEAS


NAYS

Total - 0ABSENT




BY REPRESENTATIVE ALARIO AN ACT

To appropriate funds and to make certain reductions in appropriationsfrom certain sources to be allocated to designated agencies andpurposes in specific amounts for the making of supplementalappropriations and reductions for said agencies and purposes forFiscal Year 2006-2007; and to provide for related matters.

Floor Amendments Sent UpSenator Heitmeier sent up floor amendments which were read.


Amendments proposed by Senator Heitmeier to Reengrossed HouseBill No. 953 by Representative Alario

AMENDMENT NO. 1In Senate Committee Amendment No. 16 proposed by the SenateCommittee on Finance and adopted by the Senate on June 24, 2007,on page 4, line 9, delete "between"


1102

AMENDMENT NO. 2In Senate Committee Amendment No. 25 proposed by the SenateCommittee on Finance and adopted by the Senate on June 24, 2007,on page 5, line 39 after "agreed." and before the quotation marks,insert "F. The Southern University Board of Supervisors shall deposit$704,644 or so much thereof that remains unspent from the$1,650,000 appropriation for implementation of the land grantagreement into a restricted fund or funds to be used and expendedsolely and exclusively for that purpose."

AMENDMENT NO. 3In Senate Committee Amendment No. 28 proposed by the SenateCommittee on Finance and adopted by the Senate on June 24, 2007,on page 6, line 2, delete "6.A." and insert "4.A."

AMENDMENT NO. 4In Senate Committee Amendment No. 28 proposed by the SenateCommittee on Finance and adopted by the Senate on June 24, 2007,on page 6, line 18, delete "7." and insert "5."

AMENDMENT NO. 5In Senate Committee Amendment No. 28 proposed by the SenateCommittee on Finance and adopted by the Senate on June 24, 2007,on page 6, delete line 43 and insert "D. The sum of Twenty-eightThousand and No/100 ($28,000.00) Dollars is hereby"

AMENDMENT NO. 6Delete Senate Committee Amendment No. 29 proposed by the SenateCommittee on Finance and adopted by the Senate on June 24, 2007

AMENDMENT NO. 7On page 7, line 27, delete "4." and insert "3."

On motion of Senator Heitmeier, the amendments were adopted.

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


YEAS

Mr President Duplessis LentiniAdley Dupre MaloneAmedee Ellington MarionneauxBajoie Fields MountBarham Fontenot MurrayBoasso Gautreaux B QuinnBroome Gautreaux N RomeroCain Heitmeier SchedlerCassidy Hollis ShepherdChaisson Jackson SmithCheek Jones TheunissenCravins Kostelka Ullo Total - 36

NAYS

Total - 0ABSENT

McPherson Michot Nevers Total - 3

The Chair declared the amended bill was passed. The title wasread and adopted. Senator Heitmeier moved to reconsider the voteby which the bill was passed and laid the motion on the table.

HOUSE BILL NO. 615—BY REPRESENTATIVES ALARIO, SALTER, AND DOERGE

AN ACTTo amend and reenact R.S. 39:100.26, relative to state funds; to

provide for the deposit of certain funds into the FEMAReimbursement Fund and certain special treasury funds; toprovide for the dedication of such monies for use andappropriation as specified in the FEMA Reimbursement Fundand certain special treasury funds; to provide for an effectivedate; and to provide for related matters.



Amendments proposed by Senator Heitmeier to Engrossed HouseBill No. 615 by Representative Alario

AMENDMENT NO. 1In Senate Committee Amendment No. 5, proposed by the SenateCommittee on Finance and adopted by the Senate on June 24, 2007,on page 3, delete lines 29 through 32 and insert the following:

"C. The state treasurer is hereby authorized and directed todeposit in and credit to the 2004 Overcollections Fund ThreeHundred Thirty Million Five Hundred Thousand Dollars received bythe state from funds paid from the FEMA Reimbursement Fund forstate FEMA match which has been forgiven by Act of Congress. Thestate treasurer is hereby authorized and directed to deposit in andcredit to the 2004 Ovecollections fund Forty-nine Million FiveHundred Thousand Dollars received by the state from fundsdeposited into the registry of the court from the FEMAReimbursement Fund for state FEMA Match which has beenforgiven by Act of Congress."

AMENDMENT NO. 2In Senate Committee Amendment No. 13 proposed by the SenateCommittee on Finance and adopted by the Senate on June 24, 2007,on page 4, line 9, change "Twenty-one" to "Twenty"


"W. The state treasurer is hereby authorized and directed totransfer from the state general fund from Fiscal Year 2006-2007receipts of One Million Dollars to be deposited in and credited to the2004 Overcollections Fund to be appropriated to Schedule 19-681Department of Education - Subgrantee Assistance - QualityEducators Program for providing inducement payments to certifiedteachers to work in the state's local school systems which are bothamong the poorest school systems and among the lowest achievingschool systems."




Amendments proposed by Senator Schedler to Engrossed House BillNo. 615 by Representative Alario

AMENDMENT NO. 1On page 1, line 5, between "funds;" and "to" insert "to prohibitcontingency contracts involving the accrual of funds due the state; torepeal R.S. 49:258.1 as enacted in the 2007 Regular Session;"


"Section 3. A. No contingency contract shall be executed by theattorney general involving litigation in which the state has an interest.


1103

B. The provisions of R.S. 49:258.1, authorizing the attorneygeneral to execute contingency contracts, as enacted by the Act whichoriginated as House Bill No. 360 of the 2007 Regular Session ishereby repealed.

C. The provisions of this Act shall supercede the provisions ofthe Act which originated as House Bill No. 360 of the 2007 RegularSession."


Senator Murray asked for a ruling from the Chair as to whetherthe amendment was germane to the bill.





YEAS

Mr President Duplessis MaloneAdley Dupre McPhersonAmedee Ellington MountBajoie Fields MurrayBarham Fontenot RomeroBoasso Gautreaux B SchedlerBroome Heitmeier ShepherdCain Hollis SmithCassidy Jackson TheunissenChaisson Jones UlloCheek KostelkaCravins Lentini Total - 34

NAYS

Total - 0ABSENT

Gautreaux N Michot QuinnMarionneaux Nevers Total - 5



AN ACTTo appropriate funds from certain sources to be allocated to

designated agencies and purposes in specific amounts for themaking of supplemental appropriations for said agencies andpurposes for the 2006-2007 Fiscal Year; and to provide forrelated matters.



Amendments proposed by Senator Heitmeier to Reengrossed HouseBill No. 765 by Representative Alario

AMENDMENT NO. 1In Senate Committee Amendment No. 5 proposed by the SenateCommittee on Finance and adopted by the Senate on June 24, 2007,on page 2, line 3, change "264" to "261"

AMENDMENT NO. 2In Senate Committee Amendment No. 9 proposed by the SenateCommittee on Finance and adopted by the Senate on June 24, 2007,on page 2, at the end of line 29, delete "$1,500,000" and insert"$1,000,000"

AMENDMENT NO. 3In Senate Committee Amendment No. 9 proposed by the SenateCommittee on Finance and adopted by the Senate on June 24, 2007,on page 2, delete lines 34 through 37 in their entirety

AMENDMENT NO. 4In Senate Committee Amendment No. 24 proposed by the SenateCommittee on Finance and adopted by the Senate on June 24, 2007,on page 4, at the end of line 33, change "maintenance" to"maintenance, equipment,"


"Payable out of the State General Fund (Direct)to the Grants Program for expenses at Morehouse General Hospital $500,000"

AMENDMENT NO. 6On page 6, between lines 11 and 12, insert the following:"19/614 SOUTHERN UNIVERSITY - LAW CENTER( ) Major Repairs and Deferred Maintenance

(East Baton Rouge Parish)Payable out of the State General Fund (Direct) $650,000"




Amendments proposed by Senator Schedler to Reengrossed HouseBill No. 765 by Representative Alario

AMENDMENT NO. 1On page 5, between lines 27 and 28, insert the following:"Notwithstanding anything contained in this or any other capitaloutlay act, contracts may be entered into for the Tulane NationalPrimate Research Center prior to receipt of funding and prior toexecution of a cooperative endeavor agreement and the project isexempted from all statutes relative to public bidding and contractualreview and in lieu thereof the appropriate administering entity shallhave the authority to directly appoint design professional andconstruction managers in accordance with National Institute ofHealth Design and Construction Guidelines."

On motion of Senator Schedler, the amendments were adopted.

Floor Amendments Sent UpSenator Hines sent up floor amendments which were read.


Amendments proposed by Senator Hines to Reengrossed House BillNo. 765 by Representative Alario

AMENDMENT NO. 1On page 2, line 47, between "appropriate" and the period "." insert"and the Secretary is authorized to enter into a cooperative endeavor


1104

agreement with the Rural Hospital Coalition, Inc. to implementcomponents of this program"

On motion of Senator Hines, the amendments were adopted.



Amendments proposed by Senator Amedee to Reengrossed HouseBill No. 765 by Representative Alario

AMENDMENT NO. 1In Senate Committee Amendment No. 13, proposed by the SenateCommittee on Finance and adopted by the Senate on June 24, 2007,delete "$2,500,000" and insert "$2,325,000"


"Payable out of State General Fund (Direct) for the Port Vincent Water Well System $30,000Payable out of the State General Fund (Direct)for the town of Springfield for surveillance system $20,000Payable out of the State General Fund (Direct)for the town of Sorrento for a police car $25,000Payable out of the State General Fund (Direct)for the village of French Settlement $25,000Payable out of the State General Fund (Direct)for the Louisiana District Attorney Association(18th Judicial District Court) for EarlyIntervention Program $75000"

Senator Amedee moved adoption of the amendments.

Senator Heitmeier objected.


YEAS

Adley Fontenot MarionneauxAmedee Gautreaux N RomeroCain Jones ShepherdCassidy Kostelka UlloChaisson LentiniCravins Malone Total - 16

NAYS

Mr President Fields MurrayBajoie Gautreaux B QuinnBarham Heitmeier SchedlerBoasso Hollis SmithCheek Jackson TheunissenDuplessis McPhersonDupre Mount Total - 19

ABSENT

Broome MichotEllington Nevers Total - 4


Floor Amendments Sent UpSenator Mount sent up floor amendments which were read.


Amendments proposed by Senator Mount to Reengrossed House BillNo. 765 by Representative Alario

AMENDMENT NO. 1On page 3, between lines 3 and 4, insert the following: "If thisappropriation is eligible for federal matching funds, $586,309 shallbe directed to W.O. Moss Regional Medical Center to extend thehours in the Walk-In Clinic in order to relieve area emergency roomsof treating uninsured patients in emergency rooms."

On motion of Senator Mount, the amendments were adopted.

Floor Amendments Sent UpSenator Hines sent up floor amendments which were read.


Amendments proposed by Senator Hines to Reengrossed House BillNo. 765 by Representative Alario

AMENDMENT NO. 1On page 5, between lines 17 and 18, insert the following: "Provided,however, notwithstanding the provisions of the Act which originatedas HB 615 of the 2007 Regular Session of the Louisiana Legislature,that of the monies appropriated herein for the Mega-Project SitePreparation, Planning, and Construction, the sum of $4,500,000 shallbe expended for the ULM School of Pharmacy. $1,500,000 to beused for Phase II renovation for the College of Pharmacy Building,and $3,000,000 for construction of a 10,000 square foot animalresearch facility/vivarium."

On motion of Senator Hines, the amendments were adopted.



Amendments proposed by Senator Jones to Reengrossed House BillNo. 765 by Representative Alario

AMENDMENT NO. 1On page 5, at the end of line 11, delete "$150,000,000" and insert"$149,500,000"


"Payable out of the State General Fund byStatutory Dedications out of the Mega-projectDevelopment Fund for the Success Centerin Northeast Louisiana Delta Region $500,000"

Senator Jones moved adoption of the amendments.



YEAS

Amedee Duplessis MarionneauxBajoie Ellington MurrayBoasso Fields ShepherdCain Jackson UlloChaisson JonesCravins Malone Total - 16


1105

NAYS

Mr President Gautreaux B QuinnAdley Gautreaux N RomeroBarham Heitmeier SchedlerCassidy Hollis SmithCheek Kostelka TheunissenDupre McPhersonFontenot Mount Total - 19

ABSENT

Broome MichotLentini Nevers Total - 4


Floor Amendments Sent UpSenator Ullo sent up floor amendments which were read.


Amendments proposed by Senator Ullo to Reengrossed House BillNo. 765 by Representative Alario

AMENDMENT NO. 1On page 2, line 25, delete "otherwise acquire" and insert "transport"

On motion of Senator Ullo, the amendments were adopted.




Amendments proposed by Senator Schedler to Reengrossed HouseBill No. 765 by Representative Alario

AMENDMENT NO. 1In Senate Committee Amendment No. 22 proposed by the SenateCommittee on Finance and adopted by the Senate on June 24, 2007,delete lines 25 through 27 and in lieu thereof insert the following:

"Payable out of the State General Fund (Direct)$74,500,000"

AMENDMENT NO. 2On page 5, line 36 delete "$150,000,000" and insert "$75,500,000"

AMENDMENT NO. 3On page 5, line 36 after "$150,000,000" insert:

"Payable out of the State General Fund by Statutory Dedications out of the 2004Overcollections Fund $74,500,000Total $150,000,000"

Senator Schedler moved adoption of the amendments.



YEAS

Barham Kostelka SchedlerCain Quinn Smith Total - 6

NAYS

Mr President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MountBajoie Fontenot MurrayBoasso Gautreaux N NeversBroome Heitmeier RomeroCassidy Hollis ShepherdChaisson Jackson TheunissenCheek Jones UlloCravins LentiniDuplessis Malone Total - 31

ABSENT

Gautreaux B Michot Total - 2




YEAS

Mr President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MountBajoie Fontenot MurrayBarham Gautreaux B NeversBoasso Gautreaux N RomeroBroome Heitmeier SchedlerCain Hollis ShepherdCassidy Jackson SmithChaisson Jones TheunissenCheek Kostelka UlloCravins LentiniDuplessis Malone Total - 37

NAYS

Quinn Total - 1

ABSENT

Michot Total - 1





HOUSE BILL NO. 525—BY REPRESENTATIVE JACKSON

AN ACTTo enact R.S. 33:9038.59, relative to special districts; to authorize the

parish of East Baton Rouge to create a special district; to grantsuch district certain rights and powers, including the power toprovide for tax increment financing and to incur debt and issueevidences of indebtedness; and to provide for related matters.


1106



Amendments proposed by Senator McPherson to Reengrossed HouseBill No. 525 by Representative Jackson


"(3) Prior to the dedication of any state sales tax increments tobe used to for an authorized purpose of the district, the secretary ofthe Department of Economic Development shall submit the proposalto the Joint Legislative Committee on the Budget for approval. Thesubmittal shall also include a written evaluation and determination bythe department, with input from and certification by the Departmentof Revenue, of the anticipated increase in state sales tax revenues tobe collected within the state over state sales tax revenues that werecollected within the state in the year immediately prior to the year inwhich the proposal is submitted to the committee that would be adirect result of the proposal. In addition, any cooperative endeavoragreement or other agreement providing for the expenditure of fundscollected by the state as state sales tax increments and dedicated to aproject or for the payment of revenue bonds therefor shall be subjectto approval by the State Bond Commission prior to execution by thestate."


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


YEAS

Mr President Cravins LentiniAdley Duplessis McPhersonAmedee Dupre MurrayBajoie Ellington NeversBoasso Fields QuinnBroome Fontenot SchedlerCain Gautreaux B ShepherdCassidy Hollis TheunissenChaisson Jackson UlloCheek Jones Total - 29

NAYS

Barham Malone RomeroGautreaux N Marionneaux Smith Total - 6

ABSENT

Heitmeier MichotKostelka Mount Total - 4

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

HOUSE BILL NO. 531—BY REPRESENTATIVES MONTGOMERY AND MORRIS

AN ACTTo amend and reenact R.S. 9:165(C), relative to the Unclaimed

Property Leverage Fund; to dedicate a portion of collectionsfrom the sale of unclaimed property to the fund; to provide forthe deposit of monies into the fund; to provide for uses of

monies deposited into the fund; to provide for an effective date;and to provide for related matters.

Floor Amendments Sent UpSenator Jackson sent up floor amendments which were read.


Amendments proposed by Senator Jackson to Reengrossed HouseBill No. 531 by Representative Montgomery


"(a) There is hereby created, as a special account in theUnclaimed Property Leverage Fund, the I-49 North Account. Thesource of monies in the I-49 North Account shall be fifty percent ofthe funds deposited in the Unclaimed Property Leverage Fund eachfiscal year, any monies appropriated to the fund by the legislature,including federal funds, donations, gifts, or grants, and any othermonies as may be provided by law.

(b) There is hereby created, as a special account in theUnclaimed Property Leverage Fund, the I-49 South Account. Thesource of monies in the I-49 South Account shall be fifty percent ofthe funds deposited in the Unclaimed Property Leverage Fund eachfiscal year, any monies appropriated to the fund by the legislature,including federal funds, donations, gifts, or grants, and any othermonies as may be provided by law."

AMENDMENT NO. 2On page 1, at the beginning of line 17, insert "(2)"

AMENDMENT NO. 3On page 1, line 17, change "fund" to "funds"

AMENDMENT NO. 4On page 2, line 5, change "fifty percent" to "fifty percent funds fromthe I-49 North Account"

AMENDMENT NO. 5On page 2, line 7, change "fifty percent" to "fifty percent funds fromthe I-49 South Account"

AMENDMENT NO. 6On page 2, line 10, delete "Development, fifty" and insert thefollowing: "Development:

(i) funds from the I-49 North Account"

AMENDMENT NO. 7On page 2, line 11, delete "percent"

AMENDMENT NO. 8On page 2, line 13, delete "and fifty percent" and insert thefollowing:"; provided, however, that the monies in the fund shall first beapplied to that portion of the project from I-220 to theLouisiana/Arkansas border; and

(ii) funds from the I-49 South Account"

AMENDMENT NO. 9On page 2, line 17, change "(2)" to "(3)"

AMENDMENT NO. 10On page 2, line 18, between "Fund" and "at the" insert ", the I-49North Account, and the I-49 South Account"

AMENDMENT NO. 11On page 2, line 19, between "Fund," and "and interest" insert ", theI-49 North Account, and the I-49 South Account"

AMENDMENT NO. 12On page 2, line 20, between "Fund" and the period "." insert ", the I-49 North Account, and the I-49 South Account"


1107

On motion of Senator Jackson, the amendments were adopted.

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


YEAS

Mr President Duplessis MarionneauxAdley Dupre McPhersonAmedee Ellington MountBajoie Gautreaux B MurrayBarham Gautreaux N NeversBoasso Heitmeier QuinnBroome Hollis RomeroCain Jackson SchedlerCassidy Jones ShepherdChaisson Kostelka SmithCheek Lentini TheunissenCravins Malone Ullo Total - 36

NAYS

Fields Fontenot Total - 2

ABSENT

Michot Total - 1

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

HOUSE BILL NO. 542—BY REPRESENTATIVES WALKER, ALARIO, ANDERS, ARNOLD,BADON, BARROW, BAUDOIN, BRUCE, K. CARTER, R. CARTER,CAZAYOUX, CROWE, CURTIS, DANIEL, DARTEZ, DOERGE, DORSEY,DOVE, DOWNS, DURAND, FANNIN, FARRAR, FAUCHEUX, FRITH,GALLOT, GRAY, ELBERT GUILLORY, HARRIS, HEATON, HEBERT,HILL, HONEY, HUNTER, JACKSON, JEFFERSON, KATZ, LAFLEUR,LAFONTA, MCDONALD, PIERRE, T. POWELL, QUEZAIRE, RICHMOND,RITCHIE, ROMERO, GARY SMITH, JACK SMITH, STRAIN, TOWNSEND,TRAHAN, TRICHE, WADDELL, WILLIAMS, WINSTON, AND WOOTONAND SENATOR BAJOIE

AN ACTTo enact Part II of Chapter 8 of Title 46 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 46:977.1 through977.13, relative to the Louisiana Children and Youth HealthInsurance Program; to provide for a short title; to provide apurpose; to provide definitions; to provide for the creation of theLouisiana Children and Youth Health Insurance Program; toprovide eligibility requirements; to provide for the promulgationof rules; to provide for the enrollment process; to provide foreligibility in the case of future federal legislation; to provide forhealth care benefits; to provide for cost sharing requirements; toauthorize the department to carry out procedures in regard topremiums; to provide for the department's right to recovery; toprovide for amendments or waivers of federal requirements; toprovide that premium monies be credited to the Health CareRedesign Fund; and to provide for related matters.

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


YEAS

Mr President Dupre MarionneauxAdley Ellington McPherson

Amedee Fields MountBajoie Fontenot MurrayBarham Gautreaux B NeversBoasso Gautreaux N QuinnBroome Heitmeier RomeroCain Hollis SchedlerCassidy Jackson ShepherdChaisson Jones SmithCheek Kostelka TheunissenCravins Lentini UlloDuplessis Malone Total - 38

NAYS

Total - 0ABSENT

Michot Total - 1

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

Rules SuspendedSenator Cravins asked for and obtained a suspension of the rules

for the purpose of taking House Bill No. 678 out of regular order.

HOUSE BILL NO. 678—BY REPRESENTATIVES K. CARTER, ERDEY, MCDONALD, MORRELL,SCALISE, GARY SMITH, TOOMY, TUCKER, AND WALSWORTH

AN ACTTo enact Chapter 10 of Title 22 of the Louisiana Revised Statutes of

1950, to be comprised of R.S. 22:3301 through 3311, relative toaddressing the critical need for adequate and affordableresidential and commercial property insurance in Louisiana; toestablish the "Insure Louisiana Incentive Program" in order toattract new property insurance market capacity through certainpublic and private partnerships in order to accomplish thisessential public purpose; to provide for the administration andfunding of the program; to provide for the administration of theprogram through the execution of cooperative endeavoragreements which provide for matching grants and for theconditions and limitations on such grants; to provide foreffectiveness; and to provide for related matters.

Floor Amendments Sent UpSenator Cain sent up floor amendments which were read.


Amendments proposed by Senator Cain to Reengrossed House BillNo. 678 by Representative K. Carter

AMENDMENT NO. 1On page 6, line 3, between "premiums" and "at" insert "of"

AMENDMENT NO. 2On page 6, line 15, between "Act" and "in" insert "of 2005"

AMENDMENT NO. 3On page 6, line 19, between "Act" and "in" insert "of 2005"

AMENDMENT NO. 4On page 7, line 12, change "or" to "on"

On motion of Senator Cain, the amendments were adopted.

Floor Amendments Sent UpSenator Kostelka sent up floor amendments which were read.


1108


Amendments proposed by Senator Kostelka to Re-ReengrossedHouse Bill No. 678 by Representative K. Carter

AMENDMENT NO. 1Delete the set of Senate Committee Amendments proposed by theSenate Committee on Insurance and adopted by the Senate on June14, 2007.

MotionSenator Cain moved to table the amendment.

Senator Kostelka objected.


YEAS

Adley Gautreaux B MountAmedee Gautreaux N MurrayBroome Hollis NeversCain Jones QuinnCassidy Lentini ShepherdFields Malone UlloFontenot Marionneaux Total - 20

NAYS

Mr President Cravins McPhersonBajoie Duplessis RomeroBarham Dupre SchedlerBoasso Ellington SmithChaisson Jackson TheunissenCheek Kostelka Total - 17

ABSENT

Heitmeier Michot Total - 2

The Chair declared the amendment was tabled.

Floor Amendments Sent UpSenator B. Gautreaux sent up floor amendments which were

read.


Amendments proposed by Senator B. Gautreaux to Re-ReengrossedHouse Bill No. 678 by Representative K. Carter

AMENDMENT NO. 1On page 6, line 13, change "D. to "D.(1)"

AMENDMENT NO. 2On page 6, line 15, change "in Louisiana." to "of 2005."

AMENDMENT NO. 3On page 6, line 19, change "in Louisiana." to "of 2005."


"(2) At least seventy-five percent of the properties on which netwritten premiums are received from policyholders under theprovisions of Paragraph (1) of this Subsection shall be from insurancepolicies covering single-family residential structures, residentialduplex structures, or residential fourplex structures."

On motion of Senator B. Gautreaux, the amendments wereadopted.



Amendments proposed by Senator McPherson to Re-ReengrossedHouse Bill No. 678 by Representative K. Carter

AMENDMENT NO. 1On page 4, at the beginning of line 18, insert "A."


"B. In a second invitation, if a grant is awarded to an insurerwho also was awarded a grant in the first invitation, such insurer shallbe required to have an additional twenty-five million dollars incapital and surplus."




Amendments proposed by Senator Boasso to Re-Reengrossed HouseBill No. 678 by Representative K. Carter

AMENDMENT NO. 1On page 1, line 3, after "through" change "3311" to "3312"

AMENDMENT NO. 2On page 1, line 4, after "Louisiana;" insert "to provide for theaffordability of residential property insurance by providing a taxcredit to offset Katrina's inflated insurance premiums;"

AMENDMENT NO. 3On page 1, line 14, after "through" change "3311" to "3312"

AMENDMENT NO. 4On page 7, between line 22 and 23, insert:"§3312. Residential property insurance tax credit

A. It is the intentio n of the Legislature in enacting thisSection to provide for the affordability of insurance by providingsome relief from the high cost of insurance premiums caused byhurricanes Katrina and Rita to home owners and to offset suchcosts to encourage people w ho might be considering locating inthe state. The tax credit is intended to tem porarily m itigate thecost of such premiums for those residing in their pre-Katrinahomes, those who re-build their pre- Katrina hom es or replacethem with substantially similar new homes, and those whopurchase new homes and relocate to Louisiana.

B. For tax years beginning during calendar year 2007, thereshall be allowed a credit against any Louisiana individual incometax due in such tax year for thirty-three percent of the amount ofdifference between qualifying insurance pr emiums paid duringsuch tax year and the qualifying insurance premiums paid onsuch qualifying property prior to Hurricane Katrina in 2005.There shall be no credit allowed for tax years beginn ing on orafter January 1, 2008.

C. For purposes of this Section, the following terms orphrases shall have the meani ng ascribed to them in thisSubsection:

(1) " Person" shall m ean a natural person or a juridicalperson.

(2) "Qualifying insurance premiu m" means all insurancepremiums paid for Fire, Allied Lines (Wind) , or Hom eownersinsurance policies which cover qualifying property. "Qualifying


1109

insurance premium" shall not include premiums paid by anycompany issuing insurance policies.

(3)(a)(i) "Qualifyin g insurance prem ium paid prior toHurricane Katrina in 2005" means the amount of money paid asannual qualified insurance prem iums on policies insuringqualified property prior to Hurricane Katrina's landfall, oramounts paid to an escrow agent or other third party for suchpremiums; provided that the property has not been constructed,reconstructed, repaired, or otherwise modified after landfall ofHurricane Katrina in 2005 in a m anner which m ateriallyincreases the value of the property because of such construction,reconstruction, repair, or modification in excess of the increasedcost of labor, materials, and supplies used in such const ruction,reconstruction, repair, or m odification since landfall ofHurricane Katrina in 2005.

(ii) If the value of such property has been materi allyincreased because of such construction, reconstruction, repair, ormodification in excess of such costs, then "qualifying insurancepremium paid prior to Hur ricane Katrina in 2005" m eans theamou nt of qualified insurance prem iums that w ould have beenpaid by the person prior to landfall of Hurricane Katrina in 2005if the construction, recon struction, repair, or m odification hadnot materially increased the value of the property in excess ofsuch costs as determ ined by the insurer according to rules andregulations promulgated by the commissioner of insurance, inconsultation with the Department of Revenue, in accordance withthe Adm inistrative Procedure Act.

(iii) If the property was not covered by insurance because itwas not constructed or occupied until after Hurricane Katrina'slandfall in 2005, then "qualifying insurance premium paid priorto Hurricane Katrina in 2005" m eans the am ount of insurancepremiums that would have been paid on occupied property ofsimilar value prior to Hurricane Katrina's landfall as determinedby the insurer according to the rules and regulations required byItem (ii) of this Subparagraph.

(b) If only a portion of annual premiums were paid prior toHur r icane Katrina's landfall, then the monthly amount shall beannualized on a tw elve-month basis.

(4) "Qualifying property" means property w hich is used ordesigned to be used as a residence or dwelling unit, andstructures which are adjacent to such residence or building forresidential use, but shall not mean property used for commercialpurposes.

D. Notwithstanding any other provision of law to thecontrary, any excess of allowable credi t established by thisSection over the tax liabilities against which such credit can beapplied , as provided in this Section, shall constitute anoverpayment, as defined in R.S. 47:1621(A), and the secretaryshall make a refund of such overpaym ent from the currentcollections of the taxes imposed by Chapter 1 of Subtitle II of thisTitle , together with interest as provided in R.S. 47:1624. Theright to a credit or refund of any such overpayment shall not besubj ect to the requirem ents of R.S. 47:1621(B). All credits andrefunds, together with interest thereof, m ust be paid ordisallowed within one year of receipt by the secretary of any suchclaim for refund or credit. Failure of the secreta ry to pay ordisallow , in whole or in part, any claim for a credit or a refundshall entitle the aggrieved taxpayer to proceed with the remediesprovided in R.S. 47:1625.

E. In addition to the other regulations provided for in thisSection, the secretary of the Departm ent of Revenue m aypromulgate rules and regulations in accordance with theAdministrative Procedure Act for the adm inistration of the taxcredit provided for in this Section. "

Senator Cravins asked for a ruling from the Chair as to whetherthe amendment was germane to the bill.

The Chair ruled that the amendment was germane to the bill.

On motion of Senator Boasso, the amendments were adopted.


read.


Amendments proposed by Senator N. Gautreaux to Re-ReengrossedHouse Bill No. 678 by Representative K. Carter

AMENDMENT NO. 1In Senate Committee Amendment No. 7 proposed by SenateCommittee on Insurance and adopted by the Senate on June 14, 2007,on page 1, between lines 21 and 22, insert:

"Section 3. Upon the enactment of federal law providing for thecreation of a National Catastrophe Reinsurance or Liquidity Fund(hereinafter referred to as the "National Fund") or comparableprogram that provides a financial backstop to state catastrophe fundsdesigned to provide national reinsurance or liquidity protection tostate catastrophe funds, the Legislature may authorize the creation ofthe Louisiana State Catastrophe Fund (hereinafter referred to as the"Fund") established in the State Treasury as a special fund to bestructured and operated consistent with model legislation adopted bythe National Conference of State Legislators for this purpose. TheFund shall provide reinsurance and shall include specific provisionsto enhance prevention and mitigation measures, strengthen firstresponders, improve recovery and rebuilding processes, and educatehomeowners and other property owners on issues surroundingcatastrophe management. The Fund shall be created as soon aspracticable to qualify for participation in the National Fund and toprovide premium savings to consumers.

The Fund may be created to operate on a tax-exempt and non-profit basis to maximize savings for consumers and to make privateinsurance more available and affordable for consumers ofhomeowners insurance in the state of Louisiana. All savings shall bepassed on to the consumers. The Fund shall also be structured andoperated to attract new carriers and capacity to the state and to makethe market more competitive, stable and financially strong. The Fundshall require that all insurers writing covered policies of homeownersinsurance to conduct a thorough actuarial review of theirhomeowners insurance rates associated with catastrophe coverage forthe perils covered by the Fund consistent with the Casualty ActuarialSociety Statement of Principles Regarding Property and CasualtyInsurance Ratemaking and shall adjust their rates to take into accountall reinsurance expense savings and all reductions in loss costs dueto the Fund. The Fund shall also provide for mandatory participationwith minimum retention levels by insurers; determine reinsurancepremiums on an actuarially indicated basis to prevent regionalsubsidization."

AMENDMENT NO. 2In Senate Committee Amendment No. 7 proposed by SenateCommittee on Insurance and adopted by the Senate on June 14, 2007,on page 1, line 22, change "Section 3." to "Section 4."


MotionSenator Chaisson moved the previous question on the entire

subject matter.

Without objection, so ordered.




1110

YEAS

Mr President Dupre MurrayBarham Ellington QuinnBoasso Heitmeier RomeroBroome Hollis SchedlerCassidy Jackson SmithChaisson Kostelka TheunissenCheek Lentini UlloCravins McPherson Total - 23

NAYS

Adley Gautreaux B MountAmedee Gautreaux N NeversCain Jones ShepherdFields MaloneFontenot Marionneaux Total - 13

ABSENT

Bajoie Duplessis Michot Total - 3





HOUSE BILL NO. 556—BY REPRESENTATIVE MCVEA

AN ACTTo enact R.S. 15:1107.6, relative to court costs imposed in support of

the juvenile justice system; to impose special fees in criminaland traffic cases in district and mayor's courts within theterritorial jurisdiction of the Feliciana Juvenile Justice Districtto fund the juvenile detention facility thereof; and to provide forrelated matters.



YEAS

Mr President Ellington MurrayAdley Fontenot NeversAmedee Gautreaux B QuinnBarham Heitmeier RomeroBoasso Hollis SchedlerBroome Jackson SmithCassidy Jones TheunissenChaisson Marionneaux UlloCheek McPhersonDupre Mount Total - 28

NAYS

Fields Kostelka MaloneGautreaux N Lentini Shepherd Total - 6

ABSENT

Bajoie Cravins MichotCain Duplessis Total - 5


Senator N. Gautreaux in the ChairHOUSE BILL NO. 626—

BY REPRESENTATIVES WALSWORTH AND KATZ AN ACT

To enact Chapter 33 of Title 48 of the Louisiana Revised Statutes of1950, to be comprised of R.S. 48:2131 through 2141, relative tothe Ouachita Expressway Authority; to create and provide forthe Ouachita Expressway Authority and its board ofcommissioners; to provide for the composition of the board ofcommissioners; to provide relative to the purpose, powers,duties, and jurisdiction of the authority and the board ofcommissioners; to provide for terms of commissioners; toprovide relative to bonds, tolls, and other revenues; to providerelative to certain projects and land acquisition; to provide forcessation of tolls; to provide for effectiveness; and to provide forrelated matters.



Amendments proposed by Senator Jones to Reengrossed House BillNo. 626 by Representative Walsworth

AMENDMENT NO. 1In Senate Committee Amendment No. 1 proposed by the SenateCommittee on Local and Municipal Affairs and adopted by theSenate on June 18, 2007, on line 2 thereof, change "line 12, after"created." to "at the end of line 9"




Amendments proposed by Senator Jones to Reengrossed House BillNo. 626 by Representative Walsworth

AMENDMENT NO. 1Delete Senate Committee Amendment Nos. 3 and 5 proposed by theLocal and Municipal Affairs Committee and adopted by the Senateon June 18, 2007

AMENDMENT NO. 2On page 4, line 14, change "eleven" to "fifteen"


"(12) The state representative from House District No. Fifteenor his designee.

(13) The state senator from Senate District No. Thirty-Five orhis designee."


"(24) To impose taxes, subject to the approval of a majority ofthe voters in jurisdiction of the authority, in connection with projectsof the authority sufficient to pay all project costs, maintenance,


1111

operation, debt service, reserve or replacement costs, and othernecessary or usual charges."




YEAS

Mr President Ellington McPhersonAdley Fields MountAmedee Fontenot MurrayBajoie Gautreaux B NeversBarham Gautreaux N QuinnBoasso Heitmeier RomeroBroome Hollis SchedlerCain Jackson ShepherdCassidy Jones SmithChaisson Kostelka TheunissenCheek Lentini UlloCravins MaloneDupre Marionneaux Total - 37

NAYS

Total - 0ABSENT

Duplessis Michot Total - 2


HOUSE BILL NO. 634—BY REPRESENTATIVES SCALISE, ALEXANDER, BADON, CHANDLER,CROWE, ELBERT GUILLORY, M. POWELL, T. POWELL, AND TRAHAN

AN ACTTo amend and reenact R.S. 17:3048.1(Q)(5) and (V)(3), to provide

relative to minimum scores on specified tests that are requiredof certain home study students to be eligible for TuitionOpportunity Program for Students awards; to provide relative toeffectiveness; to provide an effective date; and to provide forrelated matters.

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


YEAS

Mr President Ellington MarionneauxAdley Fields McPhersonAmedee Fontenot MountBarham Gautreaux B MurrayBoasso Gautreaux N NeversBroome Heitmeier QuinnCain Hollis RomeroCassidy Jackson SchedlerChaisson Jones SmithCheek Kostelka TheunissenCravins Lentini UlloDupre Malone Total - 35

NAYS

Shepherd Total - 1

ABSENT

Bajoie Duplessis Michot Total - 3

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

HOUSE BILL NO. 658—BY REPRESENTATIVES KENNARD AND WHITE AND SENATORNEVERS

AN ACTTo amend and reenact R.S. 11:242(B), 246(A), and 1331, to enact

R.S. 11:1145.1 and 1332, and to repeal R.S. 11:1145, relative tothe State Police Pension and Retirement System and theLouisiana School Employees' Retirement System; to provide forestablishment of an Employee Experience Account; to providefor the crediting and debiting of such account; to provide foremployer contributions; to provide for cost-of-livingadjustments; to provide for an effective date; and to provide forrelated matters.

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


YEAS

Mr President Dupre McPhersonAdley Ellington MountAmedee Fields MurrayBajoie Fontenot NeversBarham Gautreaux B QuinnBoasso Gautreaux N RomeroBroome Heitmeier SchedlerCain Hollis ShepherdCassidy Jackson SmithChaisson Jones TheunissenCheek Kostelka UlloCravins MaloneDuplessis Marionneaux Total - 37

NAYS

Total - 0ABSENT

Lentini Michot Total - 2

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

HOUSE BILL NO. 790—BY REPRESENTATIVES DOERGE, ALARIO, ANDERS, ANSARDI,ARNOLD, BADON, BALDONE, BARROW, BAUDOIN, BAYLOR, BEARD,BOWLER, BRUCE, BURNS, BURRELL, K. CARTER, R. CARTER,CAZAYOUX, CHANDLER, CROWE, CURTIS, DAMICO, DANIEL,DORSEY, DOVE, DURAND, FANNIN, FAUCHEUX, FRITH, GALLOT,GRAY, ELBERT GUILLORY, ELCIE GUILLORY, MICKEY GUILLORY,HARRIS, HEBERT, HILL, HONEY, HUNTER, HUTTER, JACKSON,JEFFERSON, JOHNS, KATZ, KENNARD, KENNEY, KLECKLEY,LAFLEUR, LAMBERT, LANCASTER, LORUSSO, MARTINY,MCDONALD, MCVEA, MONTGOMERY, MORRELL, MORRIS,MORRISH, ODINET, PIERRE, PINAC, PITRE, M. POWELL, T. POWELL,QUEZAIRE, RICHMOND, RITCHIE, SALTER, SCALISE, SCHNEIDER,GARY SMITH, JACK SMITH, JANE SMITH, JOHN SMITH, ST. GERMAIN,STRAIN, THOMPSON, TOWNSEND, TRAHAN, TRICHE, TUCKER,WADDELL, WALKER, WALSWORTH, WHITE, WILLIAMS, AND


1112

WOOTON AND SENATORS ELLINGTON, JACKSON, JONES, LENTINI,MCPHERSON, SMITH, AND ULLO

AN ACTTo amend and reenact R.S. 46:1606(A), (B)(1),(D)(2), and (E),

relative to the office of elderly affairs; to increase theappropriations to each parish council on aging; to delete theappropriation to the Louisiana Association of Councils onAging; and to provide for related matters.

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


YEAS


NAYS

Total - 0ABSENT

Michot Total - 1

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

HOUSE BILL NO. 829—BY REPRESENTATIVES BAUDOIN, HUTTER, AND TOOMY

AN ACTTo amend and reenact R.S. 22:1585(A)(2), relative to the disposition

of monies in the Two Percent Fire Insurance Fund; to providefor the allocation of monies in the fund to Delgado CommunityCollege; and to provide for related matters.

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


YEAS

Mr President Dupre McPhersonAdley Ellington MountAmedee Fields MurrayBajoie Fontenot NeversBarham Gautreaux B QuinnBoasso Gautreaux N RomeroBroome Heitmeier SchedlerCain Hollis ShepherdCassidy Jones SmithChaisson Kostelka TheunissenCheek Lentini UlloCravins MaloneDuplessis Marionneaux Total - 37

NAYS

Total - 0ABSENT

Jackson Michot Total - 2

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

HOUSE BILL NO. 845—BY REPRESENTATIVE DURAND AND SENATOR B. GAUTREAUX ANDREPRESENTATIVE SALTER AND SENATOR HINES ANDREPRESENTATIVES BRUCE, CAZAYOUX, CURTIS, DARTEZ, FARRAR,FAUCHEUX, FRITH, HEBERT, HILL, LAFLEUR, LAMBERT, MCVEA,MONTGOMERY, PIERRE, PINAC, QUEZAIRE, JACK SMITH, ROMERO,THOMPSON, AND WALKER AND SENATORS ADLEY, AMEDEE,CHEEK, CRAVINS, DUPRE, N. GAUTREAUX, HOLLIS, KOSTELKA,MOUNT, NEVERS, ROMERO, AND SHEPHERD

AN ACTTo amend and reenact R.S. 11:441(A)(1)(introductory paragraph) and

602 and to enact R.S. 11:444(A)(2)(c), 544, and 605(D) andR.S. 15:574.4.1, relative to retirement benefits for certainprobation and parole officers who are Louisiana StateEmployees' Retirement System members; to provide for benefitcalculation; to provide monies for payment of any liabilitycreated by such benefits; to provide for a probation and paroleprocessing fee; to create a fund for allocation of sums equal tothe collections of such fees; to provide for the deposit of certainmonies to the fund; to provide for disbursement from the fund;to provide for actuarial calculation of amortization payments; toprovide for an effective date; and to provide for related matters.

Floor Amendments Sent UpSenator B. Gautreaux sent up floor amendments which were

read.


Amendments proposed by Senator B. Gautreaux to ReengrossedHouse Bill No. 845 by Representative Durand

AMENDMENT NO. 1On page 3, line 19 after "any" delete the remainder of the line and atthe beginning of line 20 delete "liability," and insert in lieu thereof"actuarially accrued liability"

AMENDMENT NO. 2On page 3, line 24 after "such" delete the remainder of the line anddelete line 25 in its entirety and insert in lieu thereof "actuariallyaccrued liability."

AMENDMENT NO. 3On page 3, line 26 after "such" and before "liability" delete"actuarial" and insert in lieu thereof "actuarially accrued"

AMENDMENT NO. 4On page 4, at the beginning of line 3 insert "amortization"

AMENDMENT NO. 5On page 4, line 7 after "of" and before "payment" delete "a" andinsert in lieu thereof "an amortization"

AMENDMENT NO. 6On page 4, line 7 after "year" delete the remainder of the line and atthe beginning of line 8 delete "Paragraph (1) of this Subsection"

AMENDMENT NO. 7On page 4, at the end of line 28 delete the period "." and insert in lieuthereof "for all creditable service in the system earned before the datethe member transferred to the secondary component."


1113

AMENDMENT NO. 8In Senate Committee Amendment No. 1 proposed by the SenateCommittee on Finance and adopted by the Senate on June 24, 2007,on page 1, line 2 change "one hundred five" to "sixty-five"

AMENDMENT NO. 9On page 5, line 13 after "unfunded" delete the remainder of the lineand at the beginning of line 14 delete "and future service" and insertin lieu thereof "actuarially accrued"

AMENDMENT NO. 10Delete Senate Committee Amendment No. 9 proposed by the SenateCommittee on Retirement and adopted by the Senate on June 22,2007, in its entirety

AMENDMENT NO. 11On page 5, line 18, change "2008" to "2007"

AMENDMENT NO. 12On page 5, line 18 after "unfunded" delete the remainder of the lineand delete lines 19 and 20 in their entirety and insert in lieu thereof"actuarially accrued liability shall be amortized as a separateunfunded accrued liability forming"

AMENDMENT NO. 13On page 5, following line 28, insert the following:

"Section 5. Benefits provided for pursuant to this Act shall notbe suspended, reduced, or denied unless a final, nonappealablejudgment declaring this Act unconstitutional has been rendered by acourt of competent jurisdiction."

On motion of Senator B. Gautreaux, the amendments wereadopted.



Amendments proposed by Senator Boasso to Reengrossed House BillNo. 845 by Representative Durand

AMENDMENT NO. 1On page 4, line 21, after "D." and before "Notwithstanding" insert:"(1)"


"(2) Any member who is a probation and parole officer in theoffice of adult services of the Department of Public Safety andCorrections, who is employed before January 1, 2002, who elected totransfer from the primary component to the secondary component andwho upgraded his service credit as permitted pursuant toSubparagraph (B)(2)(b) of this Section, may elect to be reimbursedand to have his benefit calculated as provided in R.S. 11:444(A)(2)(c)for all creditable service in the system earned before the date themember transferred to the secondary component."


The bill was read by title. Senator B. Gautreaux moved the finalpassage of the amended bill.


YEAS

Mr President Dupre McPhersonAdley Ellington MountAmedee Fontenot MurrayBajoie Gautreaux B Nevers

Barham Gautreaux N QuinnBoasso Heitmeier RomeroBroome Hollis SchedlerCain Jackson ShepherdCassidy Jones SmithChaisson Kostelka TheunissenCheek Lentini UlloCravins MaloneDuplessis Marionneaux Total - 37

NAYS

Fields Total - 1

ABSENT

Michot Total - 1

The Chair declared the amended bill was passed. The title wasread and adopted. Senator B. Gautreaux moved to reconsider thevote by which the bill was passed and laid the motion on the table.

HOUSE BILL NO. 873—BY REPRESENTATIVES BADON AND HUTTER

AN ACTTo enact R.S. 48:756(A)(4), relative to distribution and dedication of

state revenue; to provide for the distribution of monies from theParish Transportation Fund and other state funds to the parishgoverning authorities; and to provide for related matters.

Floor Amendments Sent UpSenator Chaisson sent up floor amendments which were read.


Amendments proposed by Senator Chaisson to Reengrossed HouseBill No. 873 by Representative Badon

AMENDMENT NO. 1On page 1, line 2, before "enact" insert "amend and reenact R.S.48:756(B)(1)(a) and (2)(a) and to"

AMENDMENT NO. 2On page 1, line 6, after "enacted" insert "and R.S. 48:756(B)(1)(a)and (2)(a) are amended and reenacted"

AMENDMENT NO. 3On page 1, between lines 18 and 19 insert:

"B.(1)(a) Any funds specifically appropriated for transportationpurposes other than those provided for in Subsection A of thisSection shall be credited to the Parish Transportation fund, afterappropriating two and one-half percent of the amount allocatedpursuant to this Section to the public transportation section of theLouisiana Department of Transportation and Development for thesole purpose of capital acquisition for the transit providers operatingunder 49 U.S.C. 5310 and 5311, and after providing a base amountof seventy-five thousand dollars each for mass transit purposes asdefined in the Transportation Equity Act for the 21st Century (TEA21), or its successor, as amended, to the parish or municipalgoverning authority of Orleans, Jefferson, Kenner, East Baton Rouge,Monroe, Alexandria, Lafayette, Lake Charles, Shreveport, St.Bernard, St. Charles, St. Tammany, and Terrebonne.

* * *(2) The balance credited to the fund after the appropriations and

other provisions required by Paragraph B(1) of this Subsection shallbe distributed as follows:

(a) Provided that Subparagraphs (b) and (c) of this Paragraph areapplicable to them, one dollar per capita for each urbanized area asdetermined by the most current federal census for the parishes ofOrleans, Jefferson, East Baton Rouge, Ouachita, Rapides, Lafayette,Calcasieu, Caddo, St. Bernard, St. Charles, St. Tammany, andTerrebonne.


1114

* * *"

On motion of Senator Chaisson, the amendments were adopted.

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


YEAS


NAYS

Total - 0ABSENT

Michot Total - 1

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

Senator Fields in the ChairHOUSE BILL NO. 876—

BY REPRESENTATIVE JACKSON AN ACT

To enact Chapter 13-G of Title 33 of the Louisiana Revised Statutesof 1950, to be comprised of R.S. 33:4720.101, to create the EastBaton Rouge Redevelopment Authority; to provide for theformation of a program or programs in East Baton Rouge Parishfor the use of appropriate private and public resources toeliminate and prevent the development or spread of slum,blighted, and distressed areas; to allow the rehabilitation,clearance, and redevelopment of slum, blighted, and distressedareas; to provide for the expeditious conversion of blighted orunderused property into habitable residential dwellings neededto address the influx of displaced persons into East Baton RougeParish due to the effects of Hurricanes Katrina and Rita; todefine the duties, liabilities, authority, and functions of theredevelopment authority; to authorize public bodies to furnishfunds, services, facilities, and property in aid of redevelopmentprojects; and to provide for related matters.

Floor Amendments Sent UpSenator Broome sent up floor amendments which were read.


Amendments proposed by Senator Broome to Reengrossed HouseBill No. 876 by Representative Jackson

AMENDMENT NO. 1On page 1, line 2, after "enact" and before "Chapter" insert "R.S.33:4712.14, and to enact"

AMENDMENT NO. 2On page 1, line 3, after "33:4720.101," insert the following: "relativeto naming a community center; to authorize the governing authorityof East Baton Rouge to name the North Baton Rouge CommunityCenter in honor of a living person;"


"Section 1. R.S. 33:4712.14 is hereby enacted to read asfollows:§4712.14. Naming of community center by governing authority of

East Baton Rouge ParishNotwithstanding R.S. 42:267 or any other law to the contrary,

the governing authority of East Baton Rouge Parish may name thecommunity center located at 2013 Central Road, Baton Rouge,Louisiana and generally known as the North Baton RougeCommunity Center in honor of Jewel J. Newman."

AMENDMENT NO. 4On page 1, at the beginning of line 18, after "Section" delete "1." andinsert "2."

AMENDMENT NO. 5On page 22, line 4, after "Section" delete "2." and insert "3." andafter line 8, insert the following:

"Section 4. The provisions of R.S. 33:4712.14 shall be effectiveuntil December 31, 2007, and shall be null and void thereafter."

On motion of Senator Broome, the amendments were adopted.

Floor Amendments Sent UpSenator Fields sent up floor amendments which were read.


Amendments proposed by Senator Fields to Reengrossed House BillNo. 876 by Representative Jackson

AMENDMENT NO. 1On page 19, line 22, change "R.S. 33:9038.2" to "R.S. 33:9038.32"

On motion of Senator Fields, the amendments were adopted.



Amendments proposed by Senator McPherson to Reengrossed HouseBill No. 876 by Representative Jackson

AMENDMENT NO. 1On page 19, line 18, between "(5)" and "In', insert "(a)"


"(b) Prior to the dedication of any state sales tax increments tobe used for an authorized purpose of a subdistrict, the secretary of theDepartment of Economic Development shall submit the proposal tothe Joint Legislative Committee on the Budget for approval. Thesubmittal shall also include a written evaluation and determination bythe department, with input from and certification by the Departmentof Revenue, of the anticipated increase in state sales tax revenues tobe collected within the state over state sales tax revenues that werecollected within the state in the year immediately prior to the year inwhich the proposal is submitted to the committee that would be adirect result of the proposal. In addition, any cooperative endeavoragreement or other agreement providing for the expenditure of fundscollected by the state as state sales tax increments and dedicated toa project or for the payment of revenue bonds therefor shall besubject to approval by the State Bond Commission prior to executionby the state."


1115


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


YEAS


NAYS

Total - 0ABSENT

Michot Total - 1

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

HOUSE BILL NO. 919—BY REPRESENTATIVES ALARIO AND THOMPSON

AN ACTTo enact R.S. 47:324, relative to state funds; to provide for the

dedication of the avails of certain state sales and use taxes; toprovide with respect to deposits into the Louisiana Wildlife andFisheries Conservation Fund; to provide for an effective date;and to provide for related matters.



Amendments proposed by Senator McPherson to Engrossed HouseBill No. 919 by Representative Alario

AMENDMENT NO. 1On page 1, line 2, delete "of the avails of" and insert "of mineralrevenues from certain wildlife management areas;"

AMENDMENT NO. 2On page 1, line 3, delete "certain state sales and use taxes;"

AMENDMENT NO. 3On page 1, delete lines 10 through 16 and insert: "Notwithstandingany other provision of law to the contrary, all revenue derived frommineral leases or exploration in any way of the mineral resources,including mineral revenues, from the Attakapas WildlifeManagement Area, or the area known as the Attakapas WildlifeManagement Area in the absence of the governor's proclamation,shall be dedicated to the Louisiana Wildlife and FisheriesConservation Fund."

MotionSenator Heitmeier moved to return the bill to the Involuntary

Calendar.

Senator Malone objected.


YEAS

Adley Heitmeier MountBajoie Hollis MurrayBroome Jackson RomeroCassidy Jones SchedlerCheek Kostelka TheunissenCravins Lentini UlloDuplessis MarionneauxFields McPherson Total - 22

NAYS

Mr President Cain MaloneAmedee Chaisson NeversBarham Dupre ShepherdBoasso Fontenot Smith Total - 12

ABSENT

Ellington Gautreaux N QuinnGautreaux B Michot Total - 5

The Chair declared the bill was returned to the InvoluntaryCalendar.

HOUSE BILL NO. 963— (Substitute for House Bill No. 859 byRepresentative Marchand)

BY REPRESENTATIVES MARCHAND, DORSEY, GRAY, HUNTER, ANDLAFONTA

AN ACTTo enact Part XIII of Chapter 11 of Title 23 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 23:1770 through 1775,relative to lost wage benefits for domestic violence victims; tocreate the domestic violence victims account; to create thedomestic violence victims program; to provide for lost wages;to provide for the administration of the program; to requirereporting to the governor's office; to require evidence ofdomestic violence; to provide for charging of benefits; and toprovide for related matters.

Floor Amendments Sent UpSenator Nevers sent up floor amendments which were read.


Amendments proposed by Senator Nevers to Reengrossed House BillNo. 963 by Representative Marchand

AMENDMENT NO. 1Delete Senate Committee No. 2 proposed by the Senate Committeeon Labor and Industrial Relations and adopted by the Senate on June22, 2007

AMENDMENT NO. 2On page 4, line 14, after "recipient" insert a "." and delete theremainder of the line and delete lines 15 through 18

On motion of Senator Nevers, the amendments were adopted.


1116

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


YEAS


NAYS

Total - 0ABSENT

Michot Total - 1

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

HOUSE BILL NO. 974— (Substitute for House Bill No. 731 byRepresentative Farrar)

BY REPRESENTATIVES FARRAR AND GALLOT AND SENATORSJONES AND LENTINI

AN ACTTo enact R.S. 13:49, relative to the salary of justices and judges of

the supreme court, courts of appeal, district courts, parish courts,and city courts; to provide for their salary paid for by the stateas recommended by the Judicial Compensation Commission;and to provide for related matters.

Floor Amendments Sent UpSenator Marionneaux sent up floor amendments which were

read.


Amendments proposed by Senator Marionneaux to Engrossed HouseBill No. 974 by Representative Farrar

AMENDMENT NO. 1On page 1, line 2, after "To" insert "amend and reenact R.S.33:1421(A) and to"

AMENDMENT NO. 2On page 1, at the end of line 4, insert "to prohibit linkage between thesalaries of any courts and the salaries of other public officialseffective upon a certain date;"

AMENDMENT NO. 3On page 1, at the beginning of line 9, add "A."

AMENDMENT NO. 4On page 1, after line 16, add the following"

"B, Notwithstanding any law to the contrary, no salary or salaryincrease provided by this Section shall apply to establish or adjust thesalary of any other elected official in the state, particularly but notlimited to sheriffs pursuant to R.S. 33:1421"

Section 1. R.S. 33:1421(A) is hereby amended and reenacted toread as follows:§1421. Compensation

A.(1) Sheriffs and ex officio tax collectors of the variousparishes, including the civil and criminal sheriffs for the parish ofOrleans, shall establish their own rates of annual compensation for allservices required of them by law which rates shall not exceed thefollowing amounts based on the applicable population of therespective parishes, according to the latest decennial United Statescensus as follows:

Population Compensation(a) greater than 400,000 Same as judges of Criminal

District Court, OrleansParish until July 1, 2007

(b) 400,000 or less $20,000 less than the salaryof sheriffs with populationsgreater than 400,000

(2) Nothing in this Subsection shall mandate an additionalappropriation by the city of New Orleans.

(3) Beginning on and after July 1, 2007, the sheriffs and exofficio tax collectors of parishes with populations greater than fourhundred thousand, including the civil and criminal sheriffs for theparish of Orleans, shall be no greater than that provided for judges ofCriminal District Court, Orleans Parish on June 30, 2007, and sheriffsand ex officio tax collectors of parishes with populations of fourhundred thousand or less shall be no greater than twenty thousanddollars less than the limit provided for the salaries of sheriffs withpopulations greater than four hundred thousand.

* * *Section 2. The provisions of this Act shall not be subject to the

requirements of R.S. 33:1421(E)."

On motion of Senator Marionneaux, the amendments wereadopted.



YEAS

Mr President Dupre MarionneauxAdley Fields McPhersonAmedee Fontenot MurrayBajoie Gautreaux B NeversBarham Gautreaux N QuinnBoasso Heitmeier RomeroBroome Hollis SchedlerCain Jackson ShepherdChaisson Jones SmithCheek Kostelka UlloCravins LentiniDuplessis Malone Total - 34

NAYS

Cassidy Mount Theunissen Total - 3

ABSENT

Ellington Michot Total - 2


Rules SuspendedSenator Cravins asked for and obtained a suspension of the rules

for the purpose of taking up at this time.


1117

House Bills and Joint Resolutions JustAdvanced to a Third Reading

and Final PassageThe following House Bills and Joint Resolutions Just Advanced

to a Third Reading and Final Passage were taken up and acted uponas follows:




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


YEAS

Mr President Dupre McPhersonAdley Fields MurrayBajoie Gautreaux B QuinnBoasso Gautreaux N RomeroBroome Heitmeier ShepherdCassidy Hollis SmithChaisson Jackson TheunissenCheek Jones UlloCravins MaloneDuplessis Marionneaux Total - 28

NAYS

Amedee Ellington MountBarham Fontenot NeversCain Lentini Schedler Total - 9

ABSENT

Kostelka Michot Total - 2

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

Rules SuspendedSenator Ullo asked for and obtained a suspension of the rules for

the purpose of taking up at this time.

House Bills and Joint Resolutions onThird Reading and Final Passage,

Subject to CallThe following House Bills and Joint Resolutions on Third

Reading and Final Passage, subject to call, were taken up and actedupon as follows:

Called from the CalendarSenator Lentini asked that House Bill No. 614 be called from the

Calendar at this time for its final passage.

HOUSE BILL NO. 614—BY REPRESENTATIVES BEARD AND SCALISE

AN ACTTo enact R.S. 14:32.9, relative to partial birth abortion; to prohibit

partial birth abortion; to provide for criminal penalties; toprovide for a civil action for damages; to provide for a medicalreview of the conduct of the physician; to provide fordefinitions; to provide for an effective date; and to provide forrelated matters.

Floor Amendments Sent UpSenator Lentini sent up floor amendments which were read.


Amendments proposed by Senator Lentini to Engrossed House BillNo. 614 by Representative Beard

AMENDMENT NO. 1Delete Senate Committee Amendments Nos. 1, 2, and 3 proposed bythe Senate Committee on Judiciary A and adopted by the Senate onJune 19, 2007.

AMENDMENT NO. 2On page 1, delete line 2 and insert"To enact R.S. 14:32.10 and R.S. 40:1299.35.17, and to repeal R.S.

14:32.9 and R.S. 40:1299.35.16, relative to partial birthabortion; to prohibit partial birth abortion; to"

AMENDMENT NO. 3On page 1, line 7, delete "14:32.9" and insert "14:32.10"

AMENDMENT NO. 4On page 1, line 8, delete "32.9" and insert "32.10."


AMENDMENT NO. 6On page 2, line 23, change "D" to "C"

AMENDMENT NO. 7On page 3, line 4, change "E" to "D"

AMENDMENT NO. 8On page 3, between lines 6 and 7, insert

"Section 2. R.S. 40:1299.35.17 is hereby enacted to read asfollows:§1299.35.17. Partial birth abortion

A. There is hereby created a cause of action for civil damagesfor injuries and wrongful death, as more fully set forth in LouisianaCivil Code Articles 2315.1 and 2315.2, for a partial birth abortionprocedure, except that such causes of action shall only be maintainedby the following persons:

(1) The natural or biological father of the aborted infant orfetus, unless such father is a person of the full age of majority andconsented to the abortion, or unless his criminal conduct caused thepregnancy.

(2) The mother of the aborted infant or fetus, unless the motheris a person of the full age of majority and consented to the partialbirth abortion.

(3) The parents or guardian on behalf of the mother of theaborted infant or fetus if the mother was a minor at the time of theabortion, unless the parents or guardian consented to the partial birthabortion.

B. For the purposes of this Section:(1) "Partial birth abortion" means an abortion in which: (a) the

person performing the abortion deliberately and intentionallyvaginally delivers a living fetus until, in the case of a head-firstpresentation, the entire fetal head is outside the body of the mother,or, in the case of breech presentation, any part of the fetal trunk pastthe navel is outside the body of the mother for the purpose ofperforming an overt act that the person knows will kill the partially


1118

delivered living fetus; and (b) performs the overt act, other thancompletion of delivery, that kills the partially delivered living fetus.

(2) "Physician" means a doctor of medicine or osteopathylegally authorized to practice medicine and surgery by the state inwhich the doctor performs such activity, or any other individuallegally authorized by this state to perform abortions, provided,however, that any individual who is not a physician or not otherwiselegally authorized by this state to perform abortions, but whonevertheless directly performs a partial birth abortion, shall be subjectto the provisions of this Section.

C. This Section shall not apply to a partial birth abortion that isnecessary to save the life of a mother whose life is endangered by aphysical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from thepregnancy itself.

Section 3. R.S. 14:32.9 and R.S. 40:1299.35.16 are herebyrepealed."


On motion of Senator Lentini, the amendments were adopted.


read.


Amendments proposed by Senator N. Gautreaux to Engrossed HouseBill No. 614 by Representative Beard

AMENDMENT NO. 1Delete Senate Committee Amendment Nos. 1, 2, and 3 proposed bythe Senate Committee on Judiciary A and adopted by the Senate onJune 19, 2007.


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


YEAS

Mr President Duplessis MaloneAdley Dupre McPhersonAmedee Ellington MountBajoie Fields MurrayBarham Fontenot NeversBoasso Gautreaux B QuinnBroome Gautreaux N RomeroCain Heitmeier SchedlerCassidy Hollis ShepherdChaisson Jones SmithCheek Kostelka TheunissenCravins Lentini Ullo Total - 36

NAYS

Total - 0ABSENT

Jackson Marionneaux Michot Total - 3

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

Called from the CalendarSenator Marionneaux asked that House Bill No. 354 be called

from the Calendar at this time for its final passage.

HOUSE BILL NO. 354—BY REPRESENTATIVE WOOTON

AN ACTTo amend and reenact R.S. 27:310(D), relative to the Video Draw

Poker Devices Control Law; to provide that the board ordivision may waive suitability requirements for spouses ofcertain individuals with an ownership or revenue interest in avideo draw poker licensee or applicant for a video draw pokerlicense; to provide for applicability; and to provide for relatedmatters.



Amendments proposed by Senators Quinn and Michot to EngrossedHouse Bill No. 354 by Representative Wooton

AMENDMENT NO. 1On page 1, delete line 2, and insert "To amend and reenact R.S.4:724(B)(5), R.S. 27:310(B)(15) and (D) and to enact R.S. 4:724(J),relative to charitable gaming and video poker;"

AMENDMENT NO. 2On page 1, delete line 3, and insert "to provide relative to therequirements and restrictions concerning the operation and use ofelectronic video bingo machines; to restrict the display of certainfeatures on the machines; to provide that the board or division maywaive suitability requirements for"

AMENDMENT NO. 3On page 1, line 8, after "Section 1." delete the remainder of the lineand insert "R.S. 4:724(B)(5) and R.S. 27:310(B)(15) and (D) arehereby amended and reenacted and R.S. 4:724(J) is hereby enactedto read as follows:"

AMENDMENT NO. 4On page 1, between lines 8 and 9, insert the following:"§301. Short title and definitions

* * *B. As used in this Chapter, the following words and phrases

shall have the following meanings unless the context clearly indicatesotherwise:

* * *(15) "Video draw poker device" means any unit, mechanism, or

device authorized pursuant to the provisions of this Chapter, that,upon insertion of cash, is available to play or simulate the play of thegame of draw poker or other card games approved by the division,utilizing a cathode ray tube or video display screen andmicroprocessors in which the player may win games or credits thatcan be redeemed for cash only. The term does not include a devicethat directly dispenses coins, cash, tokens, or anything else of value,except the ticket voucher required in accordance with the provisionsof this Chapter. The term does not include any device authorized tobe used in the conducting of charitable gaming provided such devicecomplies with the provisions of R.S. 4:724.

* * *§302. Description and specifications of devices; prohibition on

devices similar to video draw poker devices* * *

G. An electronic video bingo machine shall play and displayonly the game of bingo as described in R.S. 4:707(A)(2), except thata random number generator in the machine shall replace the drawingof numbered objects from a receptacle, and may play "cover-allbingo" in which all numbers of the card must be covered. Anelectronic video bingo machine shall not contain entertainment


1119

display features simulating slot reels or card games, but may containany other animated display.

* * *"

AMENDMENT NO. 5On page 2, after line 11, and after the text added by SenateCommittee Amendment No. 4 proposed by the Senate Committee onJudiciary B and adopted by the Senate on June19, 2007, add thefollowing:

"Section 2. R.S. 4:724(B)(5) is hereby amended and reenactedand R.S. 4:724(J), (K), (L), and (M) are hereby enacted to read asfollows: §724. Use of electronic or video bingo games

* * *B. Any such electronic bingo machine shall be subject to the

following requirements and restrictions concerning its operation anduse:

* * *(5) A machine shall play and display only the game of bingo as

described in R.S. 4:707(A)(2), except that a random numbergenerator in the machine shall replace the drawing of numberedobjects from a receptacle, and may play "cover-all bingo" in whichall numbers of the card must be covered. An electronic video bingomachine shall not contain entertainment display features simulatingslot reels or card games, but may contain any other animated display.

* * *J. The following persons shall be permitted to operate electronic

video bingo machines which are not in compliance with Paragraph(B)(5) of this Section:

(1) Any person who is licensed as a distributor and the machinesto be operated by such distributor have approved permit stamps forelectronic video bingo machines and the machines are either in alicensed location as of the effective date of this Subsection, or themachines have been designated for a location for which applicationhas been made for a commercial or non-commercial lessor's licenseprior to August 15, 2007.

(2) Any person who is licensed as distributor and who has acurrent agreement approved by the office of charitable gaming witha licensed manufacturer prior to June 1, 2007, for the lease ofelectronic video bingo machines and the machines are designated fora location for which application has been made for a commercial ornon-commercial lessor''s license prior to August 1, 2007.

(3) Any person who is licensed as a distributor and who haspurchased electronic video bingo machines and the machines aredesignated for a location for which application has been made for acommercial or non-commercial lessor's license prior to August 15,2007.

(4) Any person who is a licensed distributor and who haspurchased electronic video bingo machines and the machines aredesignated for a location for which application was made for acommercial or non-commercial lessor's license prior to June 1, 2007,and where such location is in a jurisdiction which has prohibited theoperation of electronic video bingo devices, then the applicant isauthorized to designate a different location provided that the newdesignation is made prior to January 1, 2009.

K.(1) The subsequent operation of these electronic video bingomachines purchased for a location for which application has beenmade for a commercial or non-commercial lessor’s license prior toAugust 15, 2007, will be allowed to operate at any commercial ornon-commercial lessor/hall locations whether applications for suchlicenses or locations were submitted before or after August 15, 2007.

(2) However, no person who is licensed as a distributor and whohas purchased electronic video bingo machines for a location forwhich application has been made for a commercial lessor's licensebefore or after August 15, 2007, shall establish nor be allowed tooperate an electronic video bingo machine at any other commerciallessor/hall location in a parish which prohibits video draw pokerdevices, unless the governing authority of the parish or themunicipality in which the machines are to be located has receivednotice from the distributor of his intention to locate machines thereand such governing authority enacts an ordinance authorizing suchoperation. In addition, the distributor shall publish theaforementioned notice in the official journal of the governing

authority at least thirty days prior to the consideration of anyproposed ordinance by the governing authority.

L. Subject to the provisions of this Chapter, any license issuedpursuant to the provisions of this Section shall be renewable. Inaddition, any commercial or non-commercial lessor or distributorlicense, or commercial or non-commercial hall location to which alicense has been issued, pursuant to the provisions of this Sectionmay be sold after the effective date of this Section, even if such salerequires the issuance of a new commercial or non-commercial lessoror distributorship license.

M. Notwithstanding any other provision of this Section to thecontrary, any electronic video bingo machine not in compliance withParagraph (B)(5) of this Section which was owned prior to August15, 2007, or purchased prior to August 15, 2007, or for which thedistributor has an approved agreement executed prior to June 1, 2007,pursuant to the provisions of Paragraph (2) of this Section and whichis certified by the office of charitable gaming to have been destroyedor rendered inoperable in any manner may be replaced by anelectronic video bingo machine not in compliance with Paragraph(B)(5) of this Section even if such replacement electronic video bingomachine was purchased after August 15, 2007.

Section 3. The Department of Revenue, through the office ofcharitable gaming, shall certify within five days of the effective dateof this Act the following:

(1) The number and location of those electronic video bingomachines meeting the criteria set forth in R.S. 4:724(J)(1).

(2) The number and location of those electronic video bingomachines meeting the criteria set forth in R.S. 4:724(J)(2).

(3) The number and designated locations of those electronicvideo bingo machines meeting the criteria set forth in R.S.4:724(J)(3) and (4)."

AMENDMENT NO. 6On page 2, after line 11, insert:

"Section 4. 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 by 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."

On motion of Senator Quinn, the amendments were adopted.

On motion of Senator Marionneaux, the amended bill was readby title and returned to the Calendar, subject to call.


Called from the CalendarSenator Murray asked that House Bill No. 505 be called from

the Calendar at this time for its final passage.

HOUSE BILL NO. 505—BY REPRESENTATIVE RICHMOND

AN ACTTo amend and reenact R.S. 47:301(3)(i)(ii)(bb)(I), relative to the

sales and use tax; to authorize an exemption for certainmanufacturers; and to provide for related matters.



Amendments proposed by Senator Boasso to Engrossed House BillNo. 505 by Representative Richmond

AMENDMENT NO. 1In Senate Floor Amendment No.3 proposed by Senator Bajoie andadopted by the Senate on June 21, 2007, on page 1, line 7, after"Orleans" insert "St. Bernard"


1120


AMENDMENT NO. 3In Senate Floor Amendment No.5 proposed by Senator Bajoie andadopted by the Senate on June 21, 2007, on page 1, line 18 after"Orleans Parish" insert "and St. Bernard" and change "was" to "were"


AMENDMENT NO. 5In Senate Floor Amendment No.5 proposed by Senator Bajoie andadopted by the Senate on June 21, 2007, on page 1, line 27, delete"Orleans Parish" and insert "an area where a gubernatorial declaredstate of emergency existed due to hurricanes Katrina and Rita."

AMENDMENT NO. 6In Senate Floor Amendment No.5 proposed by Senator Bajoie andadopted by the Senate on June 21, 2007, on page 1, line 40, delete"Orleans Parish" and insert "an area where a gubernatorial declaredstate of emergency existed due to hurricanes Katrina and Rita."


AMENDMENT NO. 8In Senate Floor Amendment No.5 proposed by Senator Bajoie andadopted by the Senate on June 21, 2007, on page 2, line 4, delete"mayor of New Orleans" and insert "local governing authority of thevarious parishes"

AMENDMENT NO. 9In Senate Floor Amendment No.5 proposed by Senator Bajoie andadopted by the Senate on June 21, 2007, on page 2, line 21, after"New Orleans" insert "St. Bernard"






Amendments proposed by Senator Amedee to Engrossed House BillNo. 505 by Representative Richmond

AMENDMENT NO. 1On page 1, line 2, after "301(3)(i)(ii)(bb)(I)," insert "and to enact R.S.47:302(U), 321(K), and 331(S)"

AMENDMENT NO. 2On page 1, line 5, after "reenacted" insert "and R.S. 47:302(U),321(K), and 331(S) are hereby enacted "


"§302. Imposition of tax* * *

U. Notwithstanding any other provision of law to the contraryand specifically notwithstanding the provisions of Act No. 4 of the2004 First Extraordinary Session which makes any state sales and usetax exemption inapplicable, inoperable, and of no effect, theexemption provided in R.S. 47:305(D)(1)(b) for steam, the exemptionprovided in R.S. 47:305(D)(1)(c) for water, excluding mineral wateror carbonated water or any water in bottles, jugs, or containers, theexemption provided in R.S. 47:305(D)(1)(d) for electric power orenergy and any materials or energy sources used by an industrialmanufacturing plant for self-consumption or cogeneration includingexcess cogenerated electricity which is sold, and specificallyexcluding any materials or energy sources used to fuel the generationof electric power for resale, the exemption provided in R.S.47:305(D)(1)(g) for natural gas, and the exemption provided in R.S.47:305(D)(1)(h) for all energy sources used for boiler fuel exceptrefinery gas shall be applicable, operable and effective as to onehundred percent of the tax levied by this Section as of July 1, 2008.


* * *K. Notwithstanding any other provision of law to the contrary

and specifically notwithstanding the provisions of Act No. 4 of the2004 First Extraordinary Session which makes any state sales and usetax exemption inapplicable, inoperable, and of no effect, theexemption provided in R.S. 47:305(D)(1)(b) for steam, the exemptionprovided in R.S. 47:305(D)(1)(c) for water, excluding mineral wateror carbonated water or any water in bottles, jugs, or containers, theexemption provided in R.S. 47:305(D)(1)(d) for electric power orenergy and any materials or energy sources used by an industrialmanufacturing plant for self-consumption or cogeneration includingexcess cogenerated electricity which is sold, and specificallyexcluding any materials or energy sources used to fuel the generationof electric power for resale, the exemption provided in R.S.47:305(D)(1)(g) for natural gas, and the exemption provided in R.S.47:305(D)(1)(h) for all energy sources used for boiler fuel exceptrefinery gas shall be applicable, operable, and effective as to seventy-five percent of the tax levied by this Section as of July 1, 2007 andshall be applicable, operable and effective as to one hundred percentof the tax levied by this Section as of July 1, 2008.


* * *S. Notwithstanding any other provision of law to the contrary

and specifically notwithstanding the provisions of Act No. 4 of the2004 First Extraordinary Session which makes any state sales and usetax exemption inapplicable, inoperable, and of no effect, theexemption provided in R.S. 47:305(D)(1)(b) for steam, the exemptionprovided in R.S. 47:305(D)(1)(c) for water, excluding mineral wateror carbonated water or any water in bottles, jugs, or containers, theexemption provided in R.S. 47:305(D)(1)(d) for electric power orenergy and any materials or energy sources used by an industrialmanufacturing plant for self-consumption or cogeneration includingexcess cogenerated electricity which is sold, and specificallyexcluding any materials or energy sources used to fuel the generationof electric power for resale, the exemption provided in R.S.47:305(D)(1)(g) for natural gas, and the exemption provided in R.S.47:305(D)(1)(h) for all energy sources used for boiler fuel exceptrefinery gas shall be applicable, operable and effective as to onehundred percent of the tax levied by this Section as of July 1, 2008.

* * *"

Senator Amedee moved adoption of the amendments.

Senator Murray objected.


YEAS

Amedee Chaisson Marionneaux


1121

Barham Cravins McPhersonBoasso Fontenot MountBroome Gautreaux N ShepherdCain Kostelka SmithCassidy Malone Theunissen Total - 18

NAYS

Mr President Ellington LentiniAdley Fields MurrayBajoie Gautreaux B NeversCheek Heitmeier QuinnDuplessis Hollis RomeroDupre Jones Schedler Total - 18

ABSENT

Jackson Michot Ullo Total - 3




YEAS

Mr President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MountBajoie Fontenot MurrayBarham Gautreaux B NeversBoasso Gautreaux N RomeroBroome Heitmeier SchedlerCain Hollis ShepherdChaisson Jackson SmithCheek Jones TheunissenCravins Lentini UlloDuplessis Malone Total - 35

NAYS

Cassidy Kostelka Total - 2

ABSENT

Michot Quinn Total - 2


Rules SuspendedSenator McPherson asked for and obtained a suspension of the

rules for the purpose of taking up at this time.


Involuntary CalendarThe following House Bills and Joint Resolutions on Third

Reading and Final Passage, Involuntary Calendar, were taken up andacted upon as follows:

Called from the Involuntary CalendarSenator McPherson moved to call House Bill No. 919 from the

Involuntary Calendar at this time for which a record vote is required.

Senator Adley objected.


YEAS

Mr President Duplessis JonesAmedee Dupre MaloneBajoie Ellington McPhersonBarham Fields MurrayBoasso Fontenot NeversCassidy Gautreaux B RomeroChaisson Gautreaux N SchedlerCheek Heitmeier ShepherdCravins Jackson Smith Total - 27

NAYS

Adley Lentini QuinnCain Marionneaux TheunissenHollis Mount Ullo Total - 9

ABSENT

Broome Kostelka Michot Total - 3

The Chair declared the bill was called from the InvoluntaryCalendar.

HOUSE BILL NO. 919—BY REPRESENTATIVES ALARIO AND THOMPSON

AN ACTTo enact R.S. 47:324, relative to state funds; to provide for the

dedication of the avails of certain state sales and use taxes; toprovide with respect to deposits into the Louisiana Wildlife andFisheries Conservation Fund; to provide for an effective date;and to provide for related matters.



Amendments proposed by Senator McPherson to Engrossed HouseBill No. 919 by Representative Alario

AMENDMENT NO. 1On page 1, line 2, delete "of the avails of" and insert "of mineralrevenues from certain wildlife management areas;"

AMENDMENT NO. 2On page 1, line 3, delete "certain state sales and use taxes;"

AMENDMENT NO. 3On page 1, delete lines 10 through 16 and insert: "Notwithstandingany other provision of law to the contrary, all revenue derived frommineral leases or exploration in any way of the mineral resources,including mineral revenues, from the Attakapas WildlifeManagement Area, or the area known as the Attakapas WildlifeManagement Area in the absence of the governor's proclamation,shall be dedicated to the Louisiana Wildlife and FisheriesConservation Fund."



1122

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


YEAS


NAYS

Total - 0ABSENT

Michot Total - 1

The Chair declared the amended bill was passed. The title wasread and adopted. Senator McPherson moved to reconsider the voteby which the bill was passed and laid the motion on the table.


Subject to Call, ResumedThe following House Bills and Joint Resolutions on Third


Called from the CalendarSenator Chaisson asked that House Bill No. 547 be called from


HOUSE BILL NO. 547—BY REPRESENTATIVE MARTINY

AN ACTTo amend and reenact R.S. 27:304, relative to the Louisiana Video

Draw Poker Devices Control Law; to increase the amountwagered on a game and the maximum amount of money wonper game; and to provide for related matters.



YEAS

Mr President Fontenot MarionneauxBajoie Gautreaux B McPhersonBoasso Gautreaux N MurrayChaisson Heitmeier RomeroCheek Hollis ShepherdCravins Jackson Theunissen

Duplessis JonesDupre Lentini Total - 22

NAYS

Adley Ellington QuinnAmedee Fields SchedlerBarham Kostelka SmithBroome Malone UlloCain MountCassidy Nevers Total - 16

ABSENT

Michot Total - 1


Notice Regarding VoteSenator Fontenot stated he had voted in error on House Bill No.

547. He voted yea on the bill and had intended to vote yea. He askedthat the Official Journal so state.

Called from the CalendarSenator Adley asked that House Bill No. 892 be called from the



AN ACTTo amend and reenact R.S. 22:1068(E)(1)(a), (2)(d), and (3), and

R.S. 51:1924(B)(2) and (D)(1) and (6), 1926(A)(2), and 1931,relative to tax credits; to extend the periods of certain taxcredits; to provide relative to premium tax reductions for certaininsurers; to provide relative to the eligibility of the percentageof the tax reduction on investments by certain insurers; toauthorize the extension of the period of time for tax reductionsfor certain investments; to provide relative to restrictions andexceptions; to provide relative to the Louisiana CapitalCompanies Tax Credit Program; to prohibit income tax creditsresulting in the additional reduction of total income taxrevenues; to authorize the increase of total premium taxrevenues which qualify for insurance premium tax credits; toprovide relative to investment pools; to extend the terminationdate of the program; and to provide for related matters.

Floor Amendments Sent UpSenator Adley sent up floor amendments which were read.


Amendments proposed by Senator Adley to Reengrossed House BillNo. 892 by Representative Townsend

AMENDMENT NO. 1On page 2, line 1 change"ninety" to "eighty"

AMENDMENT NO. 2On page 2, line 16 change "2008" to "2009"

AMENDMENT NO. 3On page 3, delete lines 27 and 28, and insert the following:"22:1068(E) in any calender year each of 2007 and 2008 shall notresult in an additional reduction of total premium tax revenues ofgreater than five six million dollars per year and in 2009 shall notresult in an additional reduction of total premium tax revenues ofgreater than four million dollars per year."


1123



AMENDMENT NO. 6On page 5, line 20 change "and 2008" to "through 2009"



On motion of Senator Adley, the amendments were adopted.



Amendments proposed by Senator Boasso to Reengrossed House BillNo. 892 by Representative Townsend

AMENDMENT NO. 1On page 1, line 3, after "1931," insert "and to enact R.S. 47:6026"

AMENDMENT NO. 2On page 1, line 5, after "insurers;" insert "to provide for a refundablecredit against individual income tax to certain taxpayers for a portionof the difference between certain current insurance premiums paidand such premiums paid prior to Hurricane Katrina;"

AMENDMENT NO. 3On page 3, between lines 15 and 16, insert:

"Section 2. R.S. 47:6026 is hereby enacted to read as follows:§6026. Residential property insurance tax credit

A. It is the intention of the Legislature in enacting thisSection to provide som e relief from the high cost of insurancepremiums caused by hurricanes Katrina and Rita to homeowners and to offset such costs to encourage people who might beconsidering locating in the state. The tax credit is intended totemporarily mitigate the cost of such premiums for those residingin their pre-Katrina homes, those who re-build their pre-Katrinahomes or replace them with substantially similar new homes, andthose w ho purchase new homes and relocate to Louisiana.

B. For tax years beginning during calendar year 2007, thereshall be allowed a credit against any Louisiana individual incometax due in such tax year for thirty-three percent of the amount ofdifference between qualifying insurance premiums paid duringsuch tax year and the qualifying insurance premiums paid onsuch qualifying property prior to Hurricane Katrina in 2005.There shall be no credit allowed for tax years beginning on orafter January 1, 2008.

C. For purposes of this Section, the following terms orphrases shall have the meaning ascr ibed to them in thisSubsection:

(1) "Person" shall m ean a natural person or a juridicalperson.

(2) "Qualifying insurance premium" means all insurancepremiums paid for Fire, Allied Lines (Wind), or Hom eownersinsurance policies w hich cover qualifying property. "Qualifyinginsurance premium" shall not include premiums paid by anycompany issuing insurance policies.

(3)(a)(i) "Qualifying insurance prem ium paid prior toHurricane Katrina in 2005" means the amount of money paid asannual qualified insurance premiums on policies insuringqualified property prior to Hurr icane Katrina's landfall, oramounts paid to an escrow agent or other third party for suchpremiums; provided that the property has not been constructed,reconstructed, repaired, or otherwise modified after landfall ofHurricane Katrina in 2005 in a manner w hich m aterially

increases the value of the property because of such construction,reconstruction, repair, or modification in excess of the increasedcost of labor, materials, and supplies used in such construction,reconstruction, repair, or modification since landfall ofHurricane Katrina in 2005.

(ii) If the value of such property has been m ateriallyincreased because of such construction, reconstruction, repair, ormodification in excess of such costs, then "qualifying insurancepremium paid prior to Hurricane Katrina in 2005" means theamount of qualified insurance prem iums that w ould have beenpaid by the person prior to landfall of Hurricane Katrina in 2005if the construction, reconstruction, repair, or m odification hadnot materially increased the value of the property in excess ofsuch costs as determined by the insurer according to rules andregulations promulgated by the commissioner of insurance, inconsultation with the Department of Revenue, in accordance withthe Adm inistrative Procedure Act.

(iii) If the property was not covered by insurance because itwas not constructed or occupied until after Hurricane Katrina'slandfall in 2005, then "qualifying insurance premium paid priorto Hurricane Katrina in 2005" m eans the am ount of insurancepremiums that would have been paid on occupied property ofsimilar value prior to Hurricane Katrina's landfall as determinedby the insurer according to the rules and regulations required byItem (ii) of this Subparagraph.

(b) If only a portion of annual prem iums were paid prior toHurricane Katrina's landfall, then the monthly amount shall beannualized on a tw elve-month basis.

(4) "Qualifying property" means property w hich is used ordesigned to be used as a residence or dwelling unit, andstructures which are adjacent to such residence or build ing forresidential use, but shall not mean property used for commercialpurposes.

D. Notwiths tanding any other provision of law to thecontrary, any ex cess of allowable credit established by thisSection over the tax liabilities against w hich such credit can beapplied, as provided in this Section, shall constitute anoverpaym ent, as defined in R.S. 47:1621(A), and the secretaryshall make a refund of such overpaym ent from the currentcollections of the taxes imposed by Chapter 1 of Subtitle II of thisTitle, together with interest as provided in R.S. 47:1624. Theright to a credit or refund of any such overpayment shall not besubject to the requirement s of R.S. 47:1621(B). All credits andrefunds, together with interest thereof, must be paid ordisallowed within one year of receipt by the secretary of any suchclaim for refund or credit. Failu re of the secretary to pay ordisallow, in whole or in part, any claim for a credit or a refundshall entitle the aggrieved taxpayer to proceed with the remediesprovided in R.S. 47:1625.

E. In addition to the other regulations provided for in thisSection, the secretary of the Department of Revenue maypromulgate rules and regulations in accordance with theAdministrative Procedure Act for the adm inistration of the taxcredit provided for in this Section. "




read.


Amendments proposed by Senator N. Gautreaux to ReengrossedHouse Bill No. 892 by Representative Townsend

AMENDMENT NO. 1On page 1, line 3, after "1931," insert "and to enact R.S.47:297.7,relative to tax credits; to provide a tax credit for the installation of


1124

certain renewable energy systems; to provide for the promulgation ofrules and regulations; and to provide for related matters."

AMENDMENT NO. 2On page 1, line 14, after "reenact" insert: "and R.S. 47:297.7 isenacted"


"Section 1. R.S. 47:297.7 is hereby enacted to read as follows:§297.7. Wind or solar energy systems tax credit

A. There shall be a credit against the tax imposed by this Part forthe cost of purchase and installation of a wind energy system or solarenergy system, or both, by a resident individual at his residencelocated in this state or by the owner of a residential rental apartmentproject. The credit may be claimed in cases where the residentindividual purchases a newly constructed home with such a systemalready installed or where such a system is purchased and installed atan existing home or where such systems are installed in new orexisting apartment projects.

B.(1) The credit shall be equal to fifty percent of the firsttwenty-five thousand dollars of the cost of each wind energy systemor solar energy system, including installation costs, that is purchasedand installed on or after January 1, 2008. The credit may be used inaddition to any federal tax credits earned for the same system.

(2) In the case of an individual who purchases and installs sucha system, the tax credit shall be claimed on the return for the taxableyear in which such system is completed and placed in service. In thecase of an individual who purchases a newly constructed home withsuch a system, the tax credit shall be claimed on the return for thetaxable year in which the act of sale of the house takes place. In thecase of an apartment roject owner swho purchases and installs suchsystems, the tax credits for owner entitites other than individulas shallbe claimed n accordance with the provisions fo Sebsection E of thisSection.

C. If the credit against Louisiana income tax exceeds the amountof such person's tax liability for the taxable period, then such excesstax credit may be carried forward as a credit against any subsequentindividual income tax liability of such person for a period notexceeding ten years.

D. As used in this Section:(1) "Wind energy system" means a system of apparatus and

equipment with the primary purpose of intercepting and convertingwind energy into mechanical or electrical energy and transferring thisform of energy by a separate apparatus to the point of use or storage.

(2) "Solar energy system" means an energy system with theprimary purpose of collecting or absorbing sunlight for conversioninto electricy or an energy system with the primary purpose ofcollecting or absorbing solar energy for conversion into heat for thepurposes of space heating, space cooling, or water heating.

E. Credits may be claimed in accordance with the following:(1) Any entity taxed as a corporation for Louisiana income tax

and franchise tax purposes shall claim any credit authorizedaccording to the provisions of this Section on its corporation incomeand franchise tax return.

(2) Any individual, estate, or trust shall claim any creditauthorized according to the provisions of this Section on its incometax return.

(3) Any entity not taxed as a corporation shall claim any creditauthorized according to the provisions of this Section on the returnsof the partners or members as follows:

(a) Corporate partners or members shall claim their share of thecredit on their corporation income tax or franchise tax returns.

(b) Individual partners or members shall claim their share of thecredit on their individual income tax or franchise tax returns.

(c) Partners or members that are estates or trusts shall claimtheir share of the credit on their fiduciary income tax returns.

F. The secretary of the Department of Revenue in consultaionwith the secretary of the Department of Natural Resources shallpromulgate such rules and regulations in accordance with theAdministrative Procedure Act as may be necessary to carry out theprovisions of this Section. The rules shall be promulgated withinninety days of the effective date of this Act.

Section 2. This Act shall be applicable to taxable periodsbeginning on and after January 1, 2008.

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 by 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."



read.


Amendments proposed by Senator N. Gautreaux to ReengrossedHouse Bill No. 892 by Representative Townsend

AMENDMENT NO. 1On page 1, delete lines 2 through 23, and on page 2, delete lines 1through 29, and on page 3, delete lines 1 through 29, and on page 4,delete lines 1 through 29, and on page 5, delete lines 1 through 25,and insert the following:"To enact R.S.47:297.7, relative to tax credits; to provide a tax credit

for the installation of certain renewable energy systems; toprovide for the promulgation of rules and regulations; and toprovide for related matters.Section 1. R.S. 47:297.7 is hereby enacted to read as follows:

§297.7. Wind or solar energy systems tax creditA. There shall be a credit against the tax imposed by this Part for

the cost of purchase and installation of a wind energy system or solarenergy system, or both, by a resident individual at his residencelocated in this state or by the owner of a residential rental apartmentproject. The credit may be claimed in cases where the residentindividual purchases a newly constructed home with such a systemalready installed or where such a system is purchased and installedat an existing home or where such systems are installed in new orexisting apartment projects.

B.(1) The credit shall be equal to fifty percent of the firsttwenty-five thousand dollars of the cost of each wind energy systemor solar energy system, including installation costs, that is purchasedand installed on or after January 1, 2008. The credit may be used inaddition to any federal tax credits earned for the same system.

(2) In the case of an individual who purchases and installs sucha system, the tax credit shall be claimed on the return for the taxableyear in which such system is completed and placed in service. In thecase of an individual who purchases a newly constructed home withsuch a system, the tax credit shall be claimed on the return for thetaxable year in which the act of sale of the house takes place. In thecase of an apartment project owners who purchases and installs suchsystems, the tax credits for owner enmities other than individual shallbe claimed n accordance with the provisions fo Subjection E of thisSection.

C. If the credit against Louisiana income tax exceeds the amountof such person's tax liability for the taxable period, then such excesstax credit may be carried forward as a credit against any subsequentindividual income tax liability of such person for a period notexceeding ten years.

D. As used in this Section:(1) "Wind energy system" means a system of apparatus and

equipment with the primary purpose of intercepting and convertingwind energy into mechanical or electrical energy and transferring thisform of energy by a separate apparatus to the point of use or storage.

(2) "Solar energy system" means an energy system with theprimary purpose of collecting or absorbing sunlight for conversioninto electricity or an energy system with the primary purpose ofcollecting or absorbing solar energy for conversion into heat for thepurposes of space heating, space cooling, or water heating.

E. Credits may be claimed in accordance with the following:


1125

(1) Any entity taxed as a corporation for Louisiana income taxand franchise tax purposes shall claim any credit authorizedaccording to the provisions of this Section on its corporation incomeand franchise tax return.

(2) Any individual, estate, or trust shall claim any creditauthorized according to the provisions of this Section on its incometax return.

(3) Any entity not taxed as a corporation shall claim any creditauthorized according to the provisions of this Section on the returnsof the partners or members as follows:

(a) Corporate partners or members shall claim their share of thecredit on their corporation income tax or franchise tax returns.

(b) Individual partners or members shall claim their share of thecredit on their individual income tax or franchise tax returns.

(c) Partners or members that are estates or trusts shall claimtheir share of the credit on their fiduciary income tax returns.

F. The secretary of the Department of Revenue in consultationwith the secretary of the Department of Natural Resources shallpromulgate such rules and regulations in accordance with theAdministrative Procedure Act as may be necessary to carry out theprovisions of this Section. The rules shall be promulgated withinninety days of the effective date of this Act.

Section 2. This Act shall be applicable to taxable periodsbeginning on and after January 1, 2008.



MotionSenator Marionneaux moved to return the amended bill to the

Involuntary Calendar.

Senator Adley objected.


YEAS

Amedee Heitmeier SchedlerBajoie Hollis ShepherdCassidy Jackson SmithCravins Jones TheunissenDuplessis Malone UlloFields MarionneauxGautreaux B Romero Total - 19

NAYS

Mr President Dupre MountAdley Fontenot MurrayBoasso Gautreaux N NeversBroome Kostelka QuinnCain Lentini Total - 14

ABSENT

Barham Cheek McPhersonChaisson Ellington Michot Total - 6

The Chair declared the amended bill was returned to theInvoluntary Calendar.

Called from the CalendarSenator Murray asked that House Bill No. 628 be called from


HOUSE BILL NO. 628—BY REPRESENTATIVE K. CARTER AND SENATOR DUPLESSIS

AN ACTTo amend and reenact R.S. 38:281(9), 291(K)(1), 330.12(A), and

336(A) and to enact R.S. 38:281(10), relative to the OrleansLevee District; to clarify and provide for the ownership andmanagement of certain property of the district; to providerelative to the disposition of the proceeds of any sale oralienation of such property; to provide for an effective date; andto provide for related matters.

Floor Amendments Sent UpSenator Duplessis sent up floor amendments which were read.


Amendments proposed by Senator Duplessis to Reengrossed HouseBill No. 628 by Representative K. Carter

AMENDMENT NO. 1Delete Senate Committee Amendments Nos. 1 through 3 proposedby the Senate Committee on Transportation, Highways, and PublicWorks and adopted by the Senate on June 4, 2007.

AMENDMENT NO. 2On page 1, delete lines 2 through 20 and on page 2, delete lines 1through 29, and on page 3 delete lines 1 through 24 and insert thefollowing:"To enact Chapter 30 of Title 33 of the Louisiana Revised Statutes of

1950, to be comprised of R.S. 33:9100.1 through 9100.34CHAPTER 30. ADVISORY NEIGHBORHOOD

COMMISSIONSPART I. EAST NEW ORLEANS ADVISORY

NEIGHBORHOOD COMMISSION§9100.1. DefinitionsWhenever used in this Part, unless a different meaning clearly

appears in the context, the following terms, whether used in thesingular or plural, shall be given the following interpretations:

(1) "Governing authority" means the governing authority of thecity of New Orleans.

(2) "Commission" means the East New Orleans AdvisoryNeighborhood Commission.

(3) "Area" means the neighborhoods in New Orleans East thatare represented on the commission membership.§9100.2. East New Orleans Advisory Neighborhood Commissionestablished

The East New Orleans Advisory Neighborhood Commission ishereby created. The commission shall constitute a body corporate inlaw, with all the powers of a corporation, and with all the powers andrights of a political subdivision of the state as provided by theconstitution and laws of this state.§9100.3. Commission's neighborhood area; domicile

A. The commission area shall include each neighborhood inNew Orleans East that is represented on the commission by the chiefexecutive officer and appointed representative of the neighborhoodorganization or association as provided in this Part.

B. The commission shall designate its domicile at a place withinthat area.§9100.4. Purposes

A. The commission is established for the primary object andpurpose of advising the appropriate governmental entities on mattersof government policy.

B. Within the commission's area, the commission shall:(1) Present and further the interest of the individual

homeowners in the area to aid in the preservation of property valuesand to improve the character and integrity of individual residentialneighborhoods.


1126

(2) Educate and inform member neighborhood organizationsand associations on matters and issues of general interest.

(3) Participate in planning and improvement.(4) Participate with community-based organizations which seek

to improve the community environment.§9100.5. Commission membership

A. The commission shall consist of the chief executive officerand one representative, appointed by the chief executive officer, fromeach duly organized nonprofit organization or associationrepresenting single-family homeowners in New Orleans East whichrequests membership on the commission.

B. Each representative appointed by a chief executive officerfor membership on the commission shall be an elector and bedomiciled within the respective neighborhood.

C. Commission members shall serve without compensation.D.(1) The term of each commission member who is an

appointed representative of an organization or association shall betwo years. A member may be appointed for a succeeding term;however, no such member shall serve more than three consecutiveterms.

(2) A commissioner shall serve until his successor has beenappointed and qualified.

(3)(a) Any appointed representative member of the commissionwho ceases to be domiciled in his respective neighborhood shall beconsidered to have resigned and the position shall be declared vacant.

(b) A vacancy on the commission shall be filled in the mannerof the original appointment for the remainder of the unexpired term.

(4) No elected public official may serve as a member of thecommission.

E. Each commission member shall have a vote at commissionmeetings.§9100.6. Commission officers

A. Annually, the commission shall elect from its membershipa chairman, vice chairman, secretary, and such other officers as itdeems appropriate.

B. The chairman shall be the chief executive officer of thecommission, shall manage its affairs and operation, subject to therules and regulations and bylaws adopted by the commission and theexecutive board, and shall preside at meetings of the commission andof the executive board.

C. The vice chairman shall perform the duties of the chairmanin his absence.

D. The secretary shall be responsible for ensuring appropriatenotice of meetings of the commission and the executive board isprovided and recording the proceedings of the meetings of thecommission and the executive board. He shall also maintain theminute books and archives of the commission and the executiveboard.

E. Additional officer duties may be fixed by bylaws adopted bythe commission.§9100.7. Commission meetings

A. The commission shall hold regular meetings as shall beprovided in the bylaws and may hold special meetings at such timesand places within the commission's area designed to reasonablyaccommodate the residents of the area attending the meeting as maybe provided in the bylaws. Special meetings may be called by thechairman or by the executive board and shall be called by thechairman upon written request of at least ten percent of the totalcommission membership.

B. Notice of a regular or special commission meeting shall beprovided to each commission member at least two days prior to themeeting.

C. The presence of at least twenty-five percent of the totalcommission membership shall constitute a quorum for the transactionof business.

D. The commission shall keep and maintain minutes of allmeetings and shall make a copy of such minutes available through thecommission's secretary.

E. At any meeting, the commission may consider and makerecommendations on matters before it, including actions or proposedactions of the governing authority, the mayor, or any other agency,department, board, commission, or other entity of local, state, orfederal government.

F. A portion of each commission meeting shall be set aside tohear the views of area residents and other affected persons onproblems or issues of concern within the area and on proposedactions that affect the area.

G. The commission shall establish a method to ensure thebroadest dissemination of information with respect to commissionmeetings, positions, and actions.§9100.8. Commission powers and duties

A. The commission shall:(1) Adopt such rules and regulations as it deems necessary or

advisable for conducting its business affairs. The rules andregulations relative to public notice and conduct of public meetingsshall all conform with the Open Meetings Law.

(2) Have official custody of all monies, funds, and accounts ofthe commission.

B. The commission may:(1) Sue or be sued.(2) Adopt, use, and alter at will a seal and bylaws.(3) Receive and expend funds collected pursuant to R.S.

33:9100.12 or otherwise made available to the commission and inaccordance with a budget adopted as provided by R.S. 33:9100.13.

(4) Enter into contracts or agreements with individuals orentities, private or public, to carry out its powers and duties andaccomplish its purposes.

(5) Purchase items and supplies which it deems instrumental toachieving its purposes.

(6) Employ an executive director and staff.(7) Acquire, purchase, lease as lessee and hold and use any

property, real, personal, or mixed, tangible or intangible, or anyinterest therein necessary or desirable for carrying out its purposesand to sell, lease as lessor, transfer, or dispose of any property orinterest therein acquired by it.

(8) Construct, improve, maintain, repair, and operate facilitieswhich it deems necessary or convenient to carry out its purposes.

(9) Pledge all or any part of its revenues.(10) Perform or have performed any other function or activity

necessary or appropriate to carry out its purposes.§9100.9. Executive board

A. There shall be an executive board of the commissionconsisting of the commission's officers. The board shall manage theaffairs of the commission. The board shall exercise the powers andhave general supervision over the affairs of the commission duringthe interim between meetings of the commission. However, theboard shall exercise no policy-making function, nor incur anyindebtedness nor obligate under contract, nor make any disbursementof funds of the commission, except as may have been specificallyauthorized by the commission.

B. The board shall hold regular meetings as shall be providedin the bylaws and may hold special meetings at such times and placeswithin the area as may be provided in the bylaws. Board meetingsmay be called by the chairman and shall be called by the chairmanupon written request of any two members of the board.

C. A majority of the members of the board shall constitute aquorum for the transaction of business.

D. The board shall keep and maintain minutes of all meetingsand shall make a copy of such minutes available through thecommission's secretary.§9100.10. Executive director

The executive director, with the concurrence of the commission,may hire such staff and other personnel as may be necessary to carryout the directions and instructions of the commission, and do otheracts as may be directed or authorized by the commission.§9100.11. Advisory authority of commission; official representation

A. The commission may advise the governing authority, themayor, or any other agency, department, board, commission, or otherentity of local, state, or federal government with respect to allproposed matters of government policy which affect the areaincluding, but not limited to, decisions regarding planning, zoning,streets, recreation, social services programs, education, health, safety,budget, and sanitation.

B. The governing authority, mayor, or applicable agency,department, board, commission, or other entity of local, state, orfederal government shall provide at least thirty days written notice tothe commission officers and executive director of any intent to


1127

acquire or dispose of an interest in immovable property in the area orany intent to change the use of property owned or leased by therespective governmental entity in the area.

C.(1) Proposed government action as covered by this Part,includes but is not limited to, actions of the governing authority, themayor, or any other agency, department, board, commission, or otherentity of local, state, or federal government.

(2) Each local, state, or federal agency, department, board, orcommission, prior to transmitting to the governing authority or otherrespective governmental entity any proposed revenue bond issuance,or before the formation of any final policy, decision, or guidelineswith respect to grant applications, comprehension plans, requested orproposed zoning changes, variances, public improvements, licenses,or permits affecting the area, the parish budget and goals andpriorities, proposed changes in local, state, or federal governmentservices delivery, and opening of any proposed specialty systems,shall provide at least thirty days advance notice of the proposedaction to each commission officer and the executive director.

D. The issues and concerns raised in recommendations of thecommission shall be given great weight during the deliberations ofthe governing authority, the mayor, or any other agency, department,board, commission, or other entity of local, state, or federalgovernment. This requires acknowledgment of the commission as thesource of the recommendation and reference to each issue andconcern.

E. The views of the commission shall only be presented by anofficer of the commission or by a commission representative dulyselected at a public meeting by the commission to represent its viewson the particular issue or proposed action.§9100.12. Parcel fee

A. The governing authority may levy and collect a parcel feeupon each parcel of taxable real property within the area inaccordance with the provisions of this Section. For purposes of thisSection, "parcel" means a lot, a subdivided portion of ground, or anindividual tract.

B. Such fee shall be levied only as authorized by thecommission as provided in this Subsection.

(1) The amount of the fee shall be as requested by duly adoptedresolution of the commission. The fee, however, shall not exceed onehundred dollars per parcel per year. The owner of the parcel shall beresponsible for payment of the fee.

(2) The fee shall be levied only upon request by the commissionto the city of New Orleans and only after the question of its levy hasbeen approved by a majority of the registered voters of the areavoting on the proposition at an election held for that purpose inaccordance with the Louisiana Election Code at a regularly scheduledelection. The commission may increase the amount of the fee, byduly adopted resolution, not to exceed the amount provided inParagraph (1) of this Subsection without the necessity of an election.

(3) The fee shall be levied initially for a term not to exceed nineyears, provided that such term shall expire on December thirty-firstof the year of a mayoral election. Subsequent to its initial levy, thefee may be renewed as provided in Paragraph (2) of this Subsectionfor a term not to exceed eight years. Any election to authorizerenewal of the fee shall be held only at the same time as the mayoralprimary election.

(4) Such fee shall be levied and collected in the same mannerand at the same time as ad valorem taxes on property are levied andcollected by the city.

(5) Any unpaid fee will be added to the tax rolls of the city andshall be enforced with the same authority and subject to the samepenalties and procedures as are unpaid ad valorem taxes.

(6) Except for the collection fee authorized in this Subsection,the proceeds of the fee shall be used solely and exclusively for thepurposes and benefit of the commission. The proceeds shall be paidover to the Board of Liquidation, City Debt, day by day as the sameproceeds are collected and received by the appropriate officials of thecity of New Orleans and maintained in a separate account. The Boardof Liquidation, City Debt, shall remit to the commission paymentsrequested by warrant or draft not more than thirty days after thereceipt of the warrant or draft. However, the city may retain onepercent of the amount collected as a collection fee.§9100.13. Budget; audit, applicability of other laws

A. The commission shall adopt an annual budget in accordancewith the Louisiana Local Government Budget Act, R.S. 39:1301 etseq. The budget and all amendments shall be subject to the approvalof the governing authority.

B. The commission shall be subject to audit by the legislativeauditor pursuant to R.S. 24:513.

C. Except as otherwise specifically provided in this Part, thecommission and executive board shall be subject to the OpenMeetings Law, the Public Records Law, and Code of GovernmentalEthics.§9100.14. Cooperation with other entities

A. The governing authority, the mayor, or any other agency,department, board, commission, or other entity of local, state, orfederal government may provide the commission with staff supportand assistance to enable each commission to perform its duties.

B. The commission shall cooperate and may contract with local,state, or federal government or any agency, department, board,commission or other entity thereof and may accept gifts, grants, anddonations of property and money therefrom.

PART II. LOWER NINTH WARD ADVISORYNEIGHBORHOOD COMMISSION

§9100.21. DefinitionsWhenever used in this Part, unless a different meaning clearly

appears in the context, the following terms, whether used in thesingular or plural, shall be given the following interpretations:

(1) "Governing authority" means the governing authority of thecity of New Orleans.

(2) "Commission" means the Lower Ninth Ward AdvisoryNeighborhood Commission.

(3) "Area" means the neighborhoods in New Orleans' LowerNinth Ward that are represented on the commission membership.§9100.22. Lower Ninth Ward Advisory Neighborhood Commissionestablished

The Lower Ninth Ward Advisory Neighborhood Commission ishereby created. The commission shall constitute a body corporate inlaw, with all the powers of a corporation, and with all the powers andrights of a political subdivision of the state as provided by theconstitution and laws of this state.§9100.23. Commission's neighborhood area; domicile

A. The commission area shall include each neighborhood inNew Orleans' Lower Ninth Ward that is represented on thecommission by the chief executive officer and appointedrepresentative of the neighborhood organization or association asprovided in this Part.

B. The commission shall designate its domicile at a place withinthat area.§9100.24. Purposes

A. The commission is established for the primary object andpurpose of advising the appropriate governmental entities on mattersof government policy.

B. Within the commission's area, the commission shall:(1) Present and further the interest of the individual

homeowners in the area to aid in the preservation of property valuesand to improve the character and integrity of individual residentialneighborhoods.

(2) Educate and inform member neighborhood organizationsand associations on matters and issues of general interest.

(3) Participate in planning and improvement.(4) Participate with community-based organizations which seek

to improve the community environment.§9100.25. Commission membership

A. The commission shall consist of the chief executive officerand one representative, appointed by the chief executive officer, fromeach duly organized nonprofit organization or associationrepresenting single-family homeowners in the Lower Ninth Wardwhich requests membership on the commission.

B. Each representative appointed by a chief executive officerfor membership on the commission shall be an elector and bedomiciled within the respective neighborhood.

C. Commission members shall serve without compensation.D.(1) The term of each commission member who is an

appointed representative of an organization or association shall betwo years. A member may be appointed for a succeeding term;


1128

however, no such member shall serve more than three consecutiveterms.

(2) A commissioner shall serve until his successor has beenappointed and qualified.

(3)(a) Any appointed representative member of the commissionwho ceases to be domiciled in his respective neighborhood shall beconsidered to have resigned and the position shall be declared vacant.

(b) A vacancy on the commission shall be filled in the mannerof the original appointment for the remainder of the unexpired term.

(4) No elected public official may serve as a member of thecommission.

E. Each commission member shall have a vote at commissionmeetings.§9100.26. Commission officers

A. Annually, the commission shall elect from its membershipa chairman, vice chairman, secretary, and such other officers as itdeems appropriate.

B. The chairman shall be the chief executive officer of thecommission, shall manage its affairs and operation, subject to therules and regulations and bylaws adopted by the commission and theexecutive board, and shall preside at meetings of the commission andof the executive board.

C. The vice chairman shall perform the duties of the chairmanin his absence.

D. The secretary shall be responsible for ensuring appropriatenotice of meetings of the commission and the executive board isprovided and recording the proceedings of the meetings of thecommission and the executive board. He shall also maintain theminute books and archives of the commission and the executiveboard.

E. Additional officer duties may be fixed by bylaws adopted bythe commission.§9100.27. Commission meetings

A. The commission shall hold regular meetings as shall beprovided in the bylaws and may hold special meetings at such timesand places within the commission's area designed to reasonablyaccommodate the residents of the area attending the meeting as maybe provided in the bylaws. Special meetings may be called by thechairman or by the executive board and shall be called by thechairman upon written request of at least ten percent of the totalcommission membership.

B. Notice of a regular or special commission meeting shall beprovided to each commission member at least two days prior to themeeting.

C. The presence of at least twenty-five percent of the totalcommission membership shall constitute a quorum for the transactionof business.

D. The commission shall keep and maintain minutes of allmeetings and shall make a copy of such minutes available through thecommission's secretary.

E. At any meeting, the commission may consider and makerecommendations on matters before it, including actions or proposedactions of the governing authority, the mayor, or any other agency,department, board, commission, or other entity of local, state, orfederal government.

F. A portion of each commission meeting shall be set aside tohear the views of area residents and other affected persons onproblems or issues of concern within the area and on proposedactions that affect the area.

G. The commission shall establish a method to ensure thebroadest dissemination of information with respect to commissionmeetings, positions, and actions.§9100.28. Commission powers and duties

A. The commission shall:(1) Adopt such rules and regulations as it deems necessary or

advisable for conducting its business affairs. The rules andregulations relative to public notice and conduct of public meetingsshall all conform with the Open Meetings Law.

(2) Have official custody of all monies, funds, and accounts ofthe commission.

B. The commission may:(1) Sue or be sued.(2) Adopt, use, and alter at will a seal and bylaws.

(3) Receive and expend funds collected pursuant to R.S.33:9100.32 or otherwise made available to the commission and inaccordance with a budget adopted as provided by R.S. 33:9100.33.

(4) Enter into contracts or agreements with individuals orentities, private or public, to carry out its powers and duties andaccomplish its purposes.

(5) Purchase items and supplies which it deems instrumental toachieving its purposes.

(6) Employ an executive director and staff.(7) Acquire, purchase, lease as lessee and hold and use any

property, real, personal, or mixed, tangible or intangible, or anyinterest therein necessary or desirable for carrying out its purposesand to sell, lease as lessor, transfer, or dispose of any property orinterest therein acquired by it.

(8) Construct, improve, maintain, repair, and operate facilitieswhich it deems necessary or convenient to carry out its purposes.

(9) Pledge all or any part of its revenues.(10) Perform or have performed any other function or activity

necessary or appropriate to carry out its purposes.§9100.29. Executive board

A. There shall be an executive board of the commissionconsisting of the commission's officers. The board shall manage theaffairs of the commission. The board shall exercise the powers andhave general supervision over the affairs of the commission duringthe interim between meetings of the commission. However, theboard shall exercise no policy-making function, nor incur anyindebtedness nor obligate under contract, nor make any disbursementof funds of the commission, except as may have been specificallyauthorized by the commission.

B. The board shall hold regular meetings as shall be providedin the bylaws and may hold special meetings at such times and placeswithin the area as may be provided in the bylaws. Board meetingsmay be called by the chairman and shall be called by the chairmanupon written request of any two members of the board.

C. A majority of the members of the board shall constitute aquorum for the transaction of business.

D. The board shall keep and maintain minutes of all meetingsand shall make a copy of such minutes available through thecommission's secretary.§9100.30. Executive director

The executive director, with the concurrence of the commission,may hire such staff and other personnel as may be necessary to carryout the directions and instructions of the commission, and do otheracts as may be directed or authorized by the commission.§9100.31. Advisory authority of commission; official representation

A. The commission may advise the governing authority, themayor, or any other agency, department, board, commission, or otherentity of local, state, or federal government with respect to allproposed matters of government policy which affect the areaincluding, but not limited to, decisions regarding planning, zoning,streets, recreation, social services programs, education, health, safety,budget, and sanitation.

B. The governing authority, mayor, or applicable agency,department, board, commission, or other entity of local, state, orfederal government shall provide at least thirty days written notice tothe commission officers and executive director of any intent toacquire or dispose of an interest in immovable property in the area orany intent to change the use of property owned or leased by therespective governmental entity in the area.

C.(1) Proposed government action as covered by this Part,includes but is not limited to, actions of the governing authority, themayor, or any other agency, department, board, commission, or otherentity of local, state, or federal government.

(2) Each local, state, or federal agency, department, board, orcommission, prior to transmitting to the governing authority or otherrespective governmental entity any proposed revenue bond issuance,or before the formation of any final policy, decision, or guidelineswith respect to grant applications, comprehension plans, requested orproposed zoning changes, variances, public improvements, licenses,or permits affecting the area, the parish budget and goals andpriorities, proposed changes in local, state, or federal governmentservices delivery, and opening of any proposed specialty systems,shall provide at least thirty days advance notice of the proposedaction to each commission officer and the executive director.


1129

D. The issues and concerns raised in recommendations of thecommission shall be given great weight during the deliberations ofthe governing authority, the mayor, or any other agency, department,board, commission, or other entity of local, state, or federalgovernment. This requires acknowledgment of the commission as thesource of the recommendation and reference to each issue andconcern.

E. The views of the commission shall only be presented by anofficer of the commission or by a commission representative dulyselected at a public meeting by the commission to represent its viewson the particular issue or proposed action.§9100.32. Parcel fee

A. The governing authority may levy and collect a parcel feeupon each parcel of taxable real property within the area inaccordance with the provisions of this Section. For purposes of thisSection, "parcel" means a lot, a subdivided portion of ground, or anindividual tract.

B. Such fee shall be levied only as authorized by thecommission as provided in this Subsection.

(1) The amount of the fee shall be as requested by duly adoptedresolution of the commission. The fee, however, shall not exceed onehundred dollars per parcel per year. The owner of the parcel shall beresponsible for payment of the fee.

(2) The fee shall be levied only upon request by the commissionto the city of New Orleans and only after the question of its levy hasbeen approved by a majority of the registered voters of the areavoting on the proposition at an election held for that purpose inaccordance with the Louisiana Election Code at a regularly scheduledelection. The commission may increase the amount of the fee, byduly adopted resolution, not to exceed the amount provided inParagraph (1) of this Subsection without the necessity of an election.

(3) The fee shall be levied initially for a term not to exceed nineyears, provided that such term shall expire on December thirty-firstof the year of a mayoral election. Subsequent to its initial levy, thefee may be renewed as provided in Paragraph (2) of this Subsectionfor a term not to exceed eight years. Any election to authorizerenewal of the fee shall be held only at the same time as the mayoralprimary election.

(4) Such fee shall be levied and collected in the same mannerand at the same time as ad valorem taxes on property are levied andcollected by the city.

(5) Any unpaid fee will be added to the tax rolls of the city andshall be enforced with the same authority and subject to the samepenalties and procedures as are unpaid ad valorem taxes.

(6) Except for the collection fee authorized in this Subsection,the proceeds of the fee shall be used solely and exclusively for thepurposes and benefit of the commission. The proceeds shall be paidover to the Board of Liquidation, City Debt, day by day as the sameproceeds are collected and received by the appropriate officials of thecity of New Orleans and maintained in a separate account. The Boardof Liquidation, City Debt, shall remit to the commission paymentsrequested by warrant or draft not more than thirty days after thereceipt of the warrant or draft. However, the city may retain onepercent of the amount collected as a collection fee.§9100.33. Budget; audit, applicability of other laws

A. The commission shall adopt an annual budget in accordancewith the Louisiana Local Government Budget Act, R.S. 39:1301 etseq. The budget and all amendments shall be subject to the approvalof the governing authority.

B. The commission shall be subject to audit by the legislativeauditor pursuant to R.S. 24:513.

C. Except as otherwise specifically provided in this Part, thecommission and executive board shall be subject to the OpenMeetings Law, the Public Records Law, and Code of GovernmentalEthics.§9100.34. Cooperation with other entities

A. The governing authority, the mayor, or any other agency,department, board, commission, or other entity of local, state, orfederal government may provide the commission with staff supportand assistance to enable each commission to perform its duties.

B. The commission shall cooperate and may contract with local,state, or federal government or any agency, department, board,commission or other entity thereof and may accept gifts, grants, anddonations of property and money therefrom.

Section 2. Each advisory neighborhood commission created bythis Act shall hold an organizational meeting no later than September1, 2007.

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 by 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.

On motion of Senator Duplessis, the amendments were adopted.



YEAS

Mr President Fields MurrayAdley Fontenot NeversAmedee Gautreaux B QuinnBajoie Heitmeier RomeroBoasso Hollis SchedlerBroome Jackson ShepherdChaisson Jones SmithCheek Lentini TheunissenCravins Marionneaux UlloDuplessis McPhersonDupre Mount Total - 31

NAYS

Kostelka Malone Total - 2

ABSENT

Barham Cassidy Gautreaux NCain Ellington Michot Total - 6


Called from the CalendarSenator Mount asked that House Bill No. 417 be called from the


HOUSE BILL NO. 417—BY REPRESENTATIVES FAUCHEUX, ARNOLD, BADON, BURRELL,CURTIS, FARRAR, HILL, KENNEY, MARCHAND, ODINET, RICHMOND,RITCHIE, JANE SMITH, AND THOMPSON

AN ACTTo amend and reenact R.S. 47:715.1(B), 818.2(43), (44), (55), and

(64), 818.13(C), 818.15(A)(1), 818.37(A)(introductoryparagraph) and (B), and 818.40(A)(1) and to enact R.S.47:818.2(38.1) and 818.14(E) and (F), relative to the taxes ongasoline, motor fuel, and special fuel; to provide relative tocertain definitions; to provide relative to the point of impositionof the tax; to provide relative to exemptions from such tax; toprovide relative to the refund of taxes paid by certain school busdrivers; to exempt certain persons from licensing requirements;to require that certain persons be licensed in order to apply forrefunds; to decrease the bond of certain persons; to provide foran effective date; and to provide for related matters.



1130


YEAS


NAYS

Total - 0ABSENT

Michot Total - 1




HOUSE BILL NO. 464—BY REPRESENTATIVES TOWNSEND, DARTEZ, FAUCHEUX, ANDGARY SMITH

AN ACTTo amend and reenact R.S. 47:305.51, relative to sales and use taxes;

to provide for the effectiveness of the exemption for utilitiespurchased by certain steelworks, blast furnaces, coke ovens, androlling mills; to provide for an effective date; and to provide forrelated matters.



YEAS


NAYS

Total - 0ABSENT

Michot Total - 1


Called from the CalendarSenator Cravins asked that House Bill No. 483 be called from


HOUSE BILL NO. 483—BY REPRESENTATIVES TUCKER AND GARY SMITH

AN ACTTo enact R.S. 22:2(J), relative to the authority of the commissioner

of insurance; to provide for the adoption of rules by thecommissioner to protect military personnel in insurance matters;and to provide for related matters.

Floor Amendments Sent UpSenator Shepherd sent up floor amendments which were read.


Amendments proposed by Senator Shepherd to Engrossed House BillNo. 483 by Representative Tucker

AMENDMENT NO. 1On page 1, line 2, delete "To" and insert "To amend and reenact R.S.22:635.3(C) and to"

AMENDMENT NO. 2On page 1, line 2, after "R.S. 22:2(J)" insert "and R.S. 22:1426"

AMENDMENT NO. 3On page 1, line 4, after "matters;" insert the following: "to providerelative to homeowner's insurance; to provide for calculation ofcertain time periods; to require certain insurers who writehomeowner's insurance to sell homeowner's coverage to certainveterans and military personnel;"

AMENDMENT NO. 4On page 1, line 6, after "Section 1." insert "R.S. 22:635.3(C) ishereby amended and reenacted and"

AMENDMENT NO. 5On page 1, line 6, change "is" to "and R.S. 22:1426 are"


"* * *§635.3. Homeowner's insurance; insurer's nonrenewal without

cause; inclusion in insured's file prohibited* * *

C.(1) No insurer providing property, casualty, or liabilityinsurance shall cancel or fail to renew a homeowner's policy ofinsurance or to increase the policy deductible that has been in effectand renewed for more than three years unless based on nonpaymentof premium, fraud of the insured, a material change in the risk beinginsured, two or more claims within a period of three years, or ifcontinuation of such policy endangers the solvency of the insurer.This Subsection shall not apply to an insurer that ceases writinghomeowner's insurance or to policy deductibles increased for allhomeowners policies in the state.

(2) For any policy holder who has continuous homeowner'scoverage with an insurer for a period of three years, any replacementpolicy or any change or transfer of a policy covering one dwelling toinsure another dwelling owned by such policy holder shall notconstitute or be treated as the issuance of a new policy regardless ofthe change in policy identification information. For purposes ofdetermining the period of coverage, including whether such policyholder's coverage is required to be continued with such insurer, the


1131

time period in each dwelling insured with such company shall beaggregated.

* * *§1426. Military personnel homeowner's coverage

A. Beginning on August 15, 2007, every motor vehicle insurerauthorized to transact business in this state, who is also authorized towrite homeowner's insurance, shall make homeowner's insuranceavailable to a veteran or an active military person when the insurerwrites auto insurance for that veteran or active military person.

B. As used in this Section, the following terms shall have thefollowing meaning:

(1) "Active military person" shall mean a person currentlyserving in any branch of the United States military, or the LouisianaNational Guard, or who is a reservist in active drill status.

(2) "Veteran" shall mean any person who is:(a) Honorably discharged from any branch of the United States

military.(b) Discharged from the Louisiana National Guard after a

satisfactory term of service.C. The commissioner of insurance shall adopt rules and

regulations, in accordance with the Administrative Procedure Act, toimplement the provisions of this Section. The rules and regulationsshall include, but not be limited to, the following:

(1) Record keeping requirements for the insurers.(2) A listing of the documents, evidence, and proof necessary to

establish a valid application for homeowner's coverage pursuant tothis Section.

(3) Other such provisions necessary for the properimplementation of this Section."

On motion of Senator Shepherd, the amendments were adopted.



YEAS

Mr President Duplessis MaloneAdley Dupre McPhersonAmedee Ellington MountBajoie Fontenot MurrayBoasso Gautreaux B NeversBroome Gautreaux N QuinnCain Heitmeier RomeroCassidy Hollis SchedlerChaisson Jones SmithCheek Kostelka TheunissenCravins Lentini Ullo Total - 33

NAYS

Total - 0ABSENT

Barham Jackson MichotFields Marionneaux Shepherd Total - 6


Called from the CalendarSenator Mount asked that House Bill No. 372 be called from the


HOUSE BILL NO. 372—BY REPRESENTATIVES TOWNSEND, ARNOLD, BADON, BALDONE,BURRELL, CURTIS, FARRAR, FAUCHEUX, HILL, HONEY, KENNEY,MARCHAND, ODINET, RICHMOND, AND RITCHIE

AN ACTTo amend and reenact R.S. 51:1787(A), (B), (I), and (J) and 2456(B)

and to repeal R.S. 51:1787(C), (D), and (H), relative to theenterprise zone program; to provide for a refundable investmentincome tax credit; to provide relative to the tax credit for certainemployees; to provide for certain contract requirements forbusinesses; to repeal various redundant provisions; to providefor an effective date; and to provide for related matters.

Floor Amendments Sent UpSenator Mount sent up floor amendments which were read.


Amendments proposed by Senator Mount to Engrossed House BillNo. 372 by Representative Townsend

AMENDMENT NO. 1On page 6, delete line 1, and insert:

"(i) Any enterprise zone in Louisiana for"

AMENDMENT NO. 2On page 6, line 4, after "of the business" insert ", or any enterprisezone in Louisiana,"

AMENDMENT NO. 3On page 6, delete lines 7 and 8

AMENDMENT NO. 4On page 6, line 9, change "(c)" to "(b)"

AMENDMENT NO. 5On page 6, line 10, change "(d)" to "(c)"

AMENDMENT NO. 6On page 6, line 12, change "(e)" to "(d)"

On motion of Senator Mount, the amendments were adopted.

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


YEAS

Mr President Dupre McPhersonAdley Ellington MountAmedee Fields MurrayBajoie Fontenot NeversBarham Gautreaux B QuinnBoasso Gautreaux N RomeroBroome Heitmeier SchedlerCain Hollis ShepherdCassidy Jackson SmithChaisson Jones TheunissenCheek Kostelka UlloCravins LentiniDuplessis Marionneaux Total - 37

NAYS

Malone Total - 1

ABSENT

Michot Total - 1


1132

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

Rules SuspendedSenator Marionneaux asked for and obtained a suspension of the

rules for the purpose of taking up at this time.


Involuntary CalendarThe following House Bills and Joint Resolutions on Third

Reading and Final Passage, Involuntary Calendar, were taken up andacted upon as follows:

Called from the Involuntary CalendarSenator Marionneaux moved to call House Bill No. 892 from the

Involuntary Calendar at this time for which a record vote is required.

Senator Malone objected.


YEAS

Mr President Duplessis McPhersonAdley Dupre MountAmedee Ellington MurrayBajoie Gautreaux B NeversBoasso Gautreaux N QuinnBroome Hollis RomeroCain Jackson SchedlerCassidy Jones SmithChaisson Kostelka TheunissenCheek Lentini UlloCravins Marionneaux Total - 32

NAYS

Fontenot MaloneHeitmeier Shepherd Total - 4

ABSENT

Barham Fields Michot Total - 3

The Chair declared the bill was called from the InvoluntaryCalendar.


AN ACTTo amend and reenact R.S. 22:1068(E)(1)(a), (2)(d), and (3), and

R.S. 51:1924(B)(2) and (D)(1) and (6), 1926(A)(2), and 1931,relative to tax credits; to extend the periods of certain taxcredits; to provide relative to premium tax reductions for certaininsurers; to provide relative to the eligibility of the percentageof the tax reduction on investments by certain insurers; toauthorize the extension of the period of time for tax reductionsfor certain investments; to provide relative to restrictions andexceptions; to provide relative to the Louisiana CapitalCompanies Tax Credit Program; to prohibit income tax creditsresulting in the additional reduction of total income taxrevenues; to authorize the increase of total premium taxrevenues which qualify for insurance premium tax credits; toprovide relative to investment pools; to extend the terminationdate of the program; and to provide for related matters.

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


YEAS

Mr President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MountBajoie Fontenot MurrayBarham Gautreaux B NeversBoasso Gautreaux N RomeroBroome Heitmeier SchedlerCain Hollis ShepherdCassidy Jackson SmithChaisson Jones TheunissenCheek Kostelka UlloCravins LentiniDuplessis Malone Total - 37

NAYS

Total - 0ABSENT


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


Subject to Call, ResumedThe following House Bills and Joint Resolutions on Third


Called from the CalendarSenator Duplessis asked that House Bill No. 870 be called from


HOUSE BILL NO. 870—BY REPRESENTATIVES PINAC, ARNOLD, BADON, BALDONE,BURRELL, CURTIS, FARRAR, FAUCHEUX, HONEY, KENNEY,MONTGOMERY, ODINET, RITCHIE, AND TOWNSEND

AN ACTTo enact Chapter 2 of Subtitle VII of Title 47 of the Louisiana

Revised Statutes of 1950, to be comprised of R.S. 47:6051through 6061, relative to the Hurricane Recovery Capital TaxCredit Program; to provide for a credit against income andfranchise taxation; to provide for certification anddecertification of a Louisiana hurricane recovery capitalcompany; to provide for certain definitions; to authorize thetransferability of the credit; to authorize the promulgation ofrules and regulations; and to provide for related matters.

Floor Amendments Sent UpSenator Duplessis sent up floor amendments which were read.


Amendments proposed by Senator Duplessis to Reengrossed HouseBill No. 870 by Representative Pinac

AMENDMENT NO. 1


1133

On page 23, line 11, after "more than" delete "ninety" and insert"forty-five"

AMENDMENT NO. 2On page 40, line 19, after "December 31," delete "2010" and insert"2008"

AMENDMENT NO. 3On page 40, line 20, after "December 31," delete "2009" and insert"2007"

AMENDMENT NO. 4On page 22, line 7, delete "December" and insert "October"

AMENDMENT NO. 5On page 23, line 12, delete "December" and insert "October"

On motion of Senator Duplessis, the amendments were adopted.



Amendments proposed by Senator Murray to Reengrossed House BillNo. 870 by Representative Pinac

AMENDMENT NO. 1On page 5, line 2, change "five" to "four"

AMENDMENT NO. 2On page 5, line 3,, change "five" to "six"

AMENDMENT NO. 3On page 22, line 13, change "one million" to "five hundred thousand"




Amendments proposed by Senator Boasso to Reengrossed House BillNo. 870 by Representative Pinac


AMENDMENT NO. 2On page 1, line 4, change "and" to "and/or"

AMENDMENT NO. 3On page 1, line 5, after "taxation;" insert "to provide for a refundablecredit against individual income tax to certain taxpayers for a portionof the difference between certain current insurance premiums paidand such premiums paid prior to Hurricane Katrina;"


AMENDMENT NO. 5On page 40, between lines 16 and 17, insert:"§6060. Residential property insurance tax credit

A. It is the intention of the Legislature in enacting thisSection to provide som e relief from the high cost of insurancepremiums caused by hurricanes Katrina and Rita to homeowners and to offset such costs to encourage people who might beconsidering locating in the state. The tax credit is intended totemporarily mitigate the cost of such premiums for those residingin their pre-Katrina homes, those who re-build their pre-Katrina

homes or replace them with substantially similar new homes, andthose w ho purchase new homes and relocate to Louisiana.

B. For tax years beginning during calendar year 2007, thereshall be allowed a credit against any Louisiana individual incometax due in such tax year for thirty-three percent of the amount ofdifference between qualifying insurance premiums paid duringsuch tax year and the qualifying insurance premiums paid onsuch qualifyi ng property prior to Hurricane Katrina in 2005.There shal l be no credit allowed for tax years beginning on orafter January 1, 2008.

C. For purposes of this Section, the following terms orphrases shall have the meaning ascribed to them in thisSubsection:

(1) "Pers on" shall m ean a natural person or a juridicalperson.

(2) "Qualifying insurance premium" means all insurancepremiums paid for Fire, Allied Lines (Wind), or Hom eownersinsurance policies which cover qualifying property. "Qualifyinginsurance premium" shall not include premiums paid by anycompany issuing insurance policies.

(3)(a)(i) "Qualifying insurance pr emium paid prior toHurricane Katrina in 2005" means the amount of money paid asannual qualified insurance prem iums on policies insuringqualified property prior to Hurricane Katrina's landfall, oramounts paid to an escrow agent or other third party for suchpremiums; provided that the property has not been constructed,reconstructed, repaired, or otherwise modified after landfall ofHurri cane Katrina in 2005 in a m anner which m ateriallyincreases the value of the property because of such construction,reconstruction, repair, or modification in excess of the increasedcost of labor, m aterials, and supplies used in such construction,reconstruction, repair, or modification since landfall ofHurricane Katrina in 2005.

(ii) If the value of such property has been m ateriallyincreased because of such construction, reconstruction, repair, ormodification in excess of such costs, then "qualifying insuranceprem ium paid prior to Hurricane Katrina in 2005" m eans theamount of qualified insurance prem iums that w ould have beenpaid by the person prior to landfall of Hurricane Katrina in 2005if the construction, reconstr uction, repair, or m odification hadnot materi ally increased the value of the property in excess ofsuch costs as determined by the insurer according to rules andregulations promulgated by the commiss ioner of insurance, inconsultation with the Department of Revenue, in accordance withthe Adm inistrative Procedure Act.

(iii) If the property was not covered by insurance because itwas not constructed or occupied until after Hurricane Katrina'slandfall in 2005, then "qualifying insurance premium paid priorto Hurricane Katrina in 2005" means the amount of insuranceprem iums that w ould have been paid on occupied property ofsimilar value prior to Hurricane Katrina's landfall as determinedby the insurer according to the rules and regulations required byItem (ii) of this Subparagraph.

(b) If only a portion of annual prem iums were paid prior toHurricane Katrina's landfall, then the monthly amoun t shall beannualized on a tw elve-month basis.

(4) "Qualifying property" m eans property which is used ordesigned to be used as a residence or dwelling unit, andstructures which are adjacen t to such residence or building forresidential use, but shall not mean property used for commercialpurposes.

D. Notwithstanding any other provision of law to thecontrary, any excess of allowable credit established by thisSection over the tax liabilities against which such credit can beapplied, as provided in this Section, shall constitute anoverpayment, as defined in R.S. 47:1621(A), and the secretaryshall m ake a refund of such overpaym ent from the currentcollections of the taxes imposed by Chapter 1 of Subtitle II of thisTitle, together with interest as provided in R.S. 47:1624. Theright to a credit or refund of any such overpaym ent shall not besubject to the requirem ents of R.S. 47:1621(B). All credits andrefunds, together w ith interest thereof, m ust be paid ordisallowed within one year of receipt by the secretary of any suchclaim for refund or credit. Failure of the secretary to pay or


1134

disallow, in whole or in part, any claim for a credit or a refundshall entitle the aggrieved taxpayer to proceed with the remediesprovided in R.S. 47:1625.

E. In addition to the other regulations provided for in thisSection, the secretary of the Departm ent of Revenue maypromulgate rules and regulations in accordance with theAdministrative Procedure Act for the admini stration of the taxcredit provided for in this Section. "

AMENDMENT NO. 6On page 40, line 17, change "§6060" to "§6061"

AMENDMENT NO. 7On page 40, line 21, change "§6061" to "§6062"


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


YEAS

Mr President Fontenot MurrayAmedee Gautreaux B NeversBoasso Gautreaux N QuinnBroome Heitmeier RomeroChaisson Hollis SchedlerCheek Jackson ShepherdCravins Jones SmithDuplessis Lentini TheunissenDupre McPherson UlloFields Mount Total - 29

NAYS

Cain Kostelka MarionneauxCassidy Malone Total - 5

ABSENT

Adley Barham MichotBajoie Ellington Total - 5

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



HOUSE BILL NO. 488—BY REPRESENTATIVE LAFLEUR

AN ACTTo amend and reenact R.S. 44:9(F) and (G), relative to criminal

arrest and disposition records; to authorize the LouisianaDepartment of Public Safety and Corrections to provide theLouisiana Attorney Disciplinary Board, Office of DisciplinaryCounsel, and the Louisiana Supreme Court Committee on BarAdmissions access to criminal arrest and disposition records; toprovide that the Louisiana Attorney Disciplinary Board, Officeof Disciplinary Counsel, and the Louisiana Supreme CourtCommittee on Bar Admissions may use criminal arrest anddisposition records which have been expunged; and to providefor related matters.



YEAS

Mr President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MountBajoie Fontenot MurrayBarham Gautreaux B NeversBoasso Gautreaux N QuinnBroome Heitmeier RomeroCain Hollis SchedlerCassidy Jackson SmithChaisson Jones TheunissenCheek Kostelka UlloCravins LentiniDuplessis Malone Total - 37

NAYS

Shepherd Total - 1

ABSENT

Michot Total - 1


Motion to ConsiderSenator Jackson moved the adoption of a motion to allow the

Senate to consider House Bill No. 758 on Third Reading and FinalPassage after 6:00 P.M. on the 57th calendar day, pursuant to theconsent of the House.


YEAS

Mr President Duplessis MaloneAdley Dupre McPhersonBajoie Ellington MountBarham Fields MurrayBoasso Gautreaux B QuinnBroome Heitmeier RomeroCain Hollis SchedlerCassidy Jackson ShepherdChaisson Jones SmithCheek Kostelka TheunissenCravins Lentini Ullo Total - 33

NAYS

Amedee Fontenot Total - 2

ABSENT

Gautreaux N MichotMarionneaux Nevers Total - 4

The Chair declared that the motion to allow the Senate toconsider House Bill No. 758 after 6:00 P.M. on the 57th calendar daywas adopted and the bill may be considered pursuant to the consentof the House.


1135

Rules SuspendedSenator Theunissen asked for and obtained a suspension of the

rules for the purpose of reverting to the Morning Hour.


as follows:

Message from the HouseDISAGREEMENT TO HOUSE BILL

June 25, 2007


I am directed to inform your honorable body that the House ofRepresentatives has refused to concur in the proposed SenateAmendment(s) to House Bill No. 308 by Representative Baldone,and ask the President to appoint on the part of the Senate a committeeto confer with a like committee from the House on the disagreement.




JOINT RESOLUTIONS

June 25, 2007



SENATE BILL NO. 333—BY SENATOR SHEPHERD

AN ACTTo enact Chapter 13-G of Title 33 of the Louisiana Revised Statutes

of 1950, to be comprised of R.S. 33:4720.101 through 4720.117,relative to the parish of Jefferson; to create the Jefferson ParishRedevelopment Authority; to provide for the powers, duties, andfunctions of the redevelopment authority, including theacquisition of property by purchase, gift, expropriation, orotherwise; to provide for the preparation and adoption of acommunity improvement plan; to provide with respect to thecertification of blighted property and its removal; to provide forthe disposition of property in a community improvement area;to provide for the issuance of bonds; to provide for borrowingmoney and giving security therefor; to provide for taxexemptions; to authorize the establishment of programs forresidential development; to provide for cooperation by publicbodies with the authority; and to provide for related matters.


SENATE BILL NO. 182—BY SENATOR QUINN

AN ACTTo amend and reenact R.S. 47:293(7) and to enact R.S. 47:293(2)

and (6)(a)(i), relative to individual income tax; to provide a taxdeduction for a portion of the cost paid or incurred by a taxpayerto voluntarily retrofit certain property to bring it into compliancewith the State Uniform Construction Code; to define retrofit; toprovide for the amount of the deduction allowed; to provide forthe promulgation of rules and regulations; and to provide forrelated matters.


SENATE BILL NO. 3—BY SENATORS MARIONNEAUX, ADLEY, AMEDEE, BAJOIE, BROOME,CAIN, CASSIDY, CHAISSON, CHEEK, CRAVINS, DUPLESSIS, DUPRE,ELLINGTON, FIELDS, B. GAUTREAUX, N. GAUTREAUX, HINES,HOLLIS, JACKSON, MALONE, MICHOT, MOUNT, MURRAY, NEVERS,QUINN, ROMERO, SCHEDLER, SHEPHERD, SMITH, THEUNISSEN ANDULLO

AN ACTTo amend and reenact R.S. 47:305.54, relative to exemptions from

sales and use tax of the state; to establish annual Louisiana SalesTax Holidays; to provide that certain sales and use taxes shallnot apply to certain purchases by certain consumers on certaindays; and to provide for related matters.


SENATE BILL NO. 135—BY SENATORS DUPLESSIS, LENTINI, MICHOT, MURRAY, SHEPHERDAND N. GAUTREAUX AND REPRESENTATIVES RICHMOND AND K.CARTER

AN ACTTo amend and reenact R.S. 47:6019(A)(1)(a) and (2)(a) and (B)(1),

to enact R.S. 47:6019(C), and to repeal Section 3 of Act No. 60of the 2002 Regular Session of the Legislature as amended byAct No. 12 of the 2004 First Extraordinary Session of theLegislature, relative to the state historic rehabilitation credit; toexpand the applicability of the credit to certain structures; toremove the credit cap of five million dollars; and to provide forrelated matters.


SENATE BILL NO. 82—BY SENATOR MCPHERSON

AN ACTTo amend and reenact R.S. 40:2009.11(B)(2)(b), (3), and (C),

2116(J)(1)(introductory paragraph), 2199(B)(2)(b), (B)(3) and(F)(1) and (2) and to enact R.S. 40:2009.11(B)(4) and (5),2116(D)(4), 2199(F)(3) and (4), and 2199.1, relative to nursinghomes and health care facilities; to provide for Class Bviolations for nursing homes and health care facilities licensedor certified by the Department of Health and Hospitals; toprovide for monthly aggregate fines for nursing homes or healthcare facilities; to provide for monies collected for violations byhealth care facilities; to provide for the use of the moniescollected for violations by health care facilities; to provide foradditional remedies against health care facilities; to provide forthe moratorium on replacement facilities; to provide for thelicensure of replacement facilities; and to provide for relatedmatters.


SENATE BILL NO. 331—BY SENATORS ELLINGTON, CAIN, N. GAUTREAUX, MALONE ANDNEVERS

AN ACTTo amend and reenact R.S. 47:301(3)(j) and (13)(m), and to repeal

R.S. 47:302(T), 321(J), and 331(R), relative to exclusions fromthe sales and use tax of the state and any political subdivisionwhose boundaries are coterminous with those of the state; toprovide for an exclusion for the sales price and cost price ofelectric power or energy and natural gas used by certaintaxpayers; to provide for an effective date; and to provide forrelated matters.


SENATE BILL NO. 339—BY SENATOR FONTENOT

AN ACTTo amend and reenact R.S. 47:6021(C)(1), (D), (E)(5), and (H) and

to enact R.S. 47:6021(I), relative to income tax credits; toprovide relative to income tax credits for brownfields investors;to increase the percentage of investment eligible for credit; to


1136

revise the application and approval process; to authorize thecredits to be transferred; and to provide for related matters.


SENATE BILL NO. 294—BY SENATOR SHEPHERD

AN ACTTo enact R.S. 40:431.1, relative to the Jefferson Parish Housing

Authority; to provide with respect to the board of trustees ofsuch authority; to provide for the powers and duties of suchboard; to authorize the board to levy a tax under certaincircumstances; to provide procedures for the imposition of suchtaxes; to provide for the use of such taxes; to provide for aneffective date; and to provide for related matters.


SENATE BILL NO. 162—BY SENATOR SHEPHERD AND REPRESENTATIVE TOOMY

AN ACTTo amend and reenact R.S. 13:312(5) and 312.1(E), relative to

courts; to provide relative to courts of appeal; to provide relativeto the Fifth Circuit Court of Appeal; to provide relative toelection of judges; to provide relative to filling of certainvacancies; to create election sections in the first district andprovide for their composition; to provide certain terms,conditions, and procedures; and to provide for related matters.


SENATE BILL NO. 9—BY SENATORS HINES, BROOME, CASSIDY, CHAISSON, MOUNT,QUINN AND ULLO

AN ACTTo amend and reenact R.S. 32:387.7(B), relative to special permits;

to provide relative to special permits for vehicles haulingsugarcane; to extend the issuance of such special permits toowners or operators of certain vehicles to August 1, 2015; andto provide for related matters.


SENATE BILL NO. 45—BY SENATOR MARIONNEAUX

AN ACTTo enact R.S. 47:293(2) and (6)(a)(i), relative to income tax

deductions; to grant a deduction from income taxable forindividual income tax for certain elementary and secondaryeducation tuition; to provide for an effective date; and to providefor related matters.


SENATE BILL NO. 259—BY SENATORS CAIN, N. GAUTREAUX, HINES, MARIONNEAUX ANDNEVERS

AN ACTTo amend and reenact R.S. 23:1195(A)(1) and (5), (B)(introductory

paragraph), (B)(2), (C)(introductory paragraph), (C)(1) and (2),1196 (A)(1) and (2)(a), (b), and (c), (3), (5), (6)(b)(introductoryparagraph) and (G) and to enact R.S. 23:1195(C)(5), 1200.4,1200.5, 1200.6, and to repeal R.S. 23:1195(B)(1)(c) and1196(H), relative to workers' compensation; to provide withrespect to group self-insurance funds; to provide for self-insurers; to require certain documents be maintained by the self-insurer; to change the amount of retained premiums that self-insurers must maintain; and to provide for related matters.


SENATE BILL NO. 90—BY SENATORS N. GAUTREAUX AND MURRAY

AN ACTTo enact R.S. 47:297.7, relative to individual income tax; to provide

a tax credit for the installation of certain renewable energysystems; to provide for the promulgation of rules andregulations; and to provide for related matters.


SENATE BILL NO. 319—BY SENATORS MURRAY, DUPLESSIS AND SHEPHERD ANDREPRESENTATIVE GRAY

AN ACTTo enact Subpart J of Part VI of Chapter 1 of Title 51 of the

Louisiana Revised Statutes of 1950, to be comprised of R.S.51:300.31 and 300.32, relative to the Sewerage and Water Boardof New Orleans; to provide for the "Crescent Cover Logo"; toprovide for remedies; to provide for penalties; and to provide forrelated matters.


SENATE BILL NO. 36—BY SENATOR JONES AND REPRESENTATIVE THOMPSON

AN ACTTo amend and reenact R.S. 13:621.4, relative to the Fourth Judicial

District court; to provide for composition of the court; to addtwo additional judgeships to the Fourth Judicial District court;to provide for elections; to provide relative to terms of office; toprovide terms, conditions, and procedures; and to provide forrelated matters.




Message from the HouseASKING CONCURRENCE IN

HOUSE CONCURRENT RESOLUTIONS

June 25, 2007


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

HOUSE CONCURRENT RESOLUTION NO. 191—BY REPRESENTATIVE PINAC

A CONCURRENT RESOLUTIONTo recognize the state's substantial interest in exercising its powers

and the powers delegated to the state by the Twenty-FirstAmendment to the Constitution of the United States and inregulating the structure of the state's alcoholic beverageindustry, including the activities of manufacturers, importers,wholesalers, retailers, and e-commerce merchants, the methodby which alcoholic beverages are marketed, and influences thataffect consumption levels of beverage alcohol by the people ofthe state.

HOUSE CONCURRENT RESOLUTION NO. 198—BY REPRESENTATIVES HUTTER AND GRAY

A CONCURRENT RESOLUTIONTo direct the office of community development in the division of

administration to adopt more stringent performance standardsand penalties in The Road Home contract; and to provide forother matters pertaining thereto.


1137

HOUSE CONCURRENT RESOLUTION NO. 231—BY REPRESENTATIVE GRAY

A CONCURRENT RESOLUTIONTo direct the entities named in R.S. 17:1519.9 to conduct a meeting

by July 30, 2007, update the bylaws to properly reflect thoseentities currently participating in the cooperative endeavoragreement, and submit the minutes of the meetings to thespeaker of the House of Representatives, president of the Senate,and House and Senate health and welfare committees.

HOUSE CONCURRENT RESOLUTION NO. 201—BY REPRESENTATIVE K. CARTER

A CONCURRENT RESOLUTIONTo create and provide with respect to the Medication Access and

Cost Study Committee to study and make recommendationswith respect to medication access, cost, and delivery.

HOUSE CONCURRENT RESOLUTION NO. 47—BY REPRESENTATIVE WHITE AND SENATOR FONTENOT


Development to install a traffic light at the intersection ofLouisiana Highway 16 and Cecil Drive in Watson.

HOUSE CONCURRENT RESOLUTION NO. 106—BY REPRESENTATIVE THOMPSON


are necessary to ensure the passage of the Online PharmacyConsumer Protection Act of 2007.

HOUSE CONCURRENT RESOLUTION NO. 52—BY REPRESENTATIVES JACK SMITH, PIERRE, AND ST. GERMAIN ANDSENATORS MALONE AND MCPHERSON

A CONCURRENT RESOLUTIONTo authorize and direct the Louisiana State Law Institute to change

the symbols used to denote degrees, minutes, and seconds inprovisions of law to words.

HOUSE CONCURRENT RESOLUTION NO. 216—BY REPRESENTATIVE MONTGOMERY

A CONCURRENT RESOLUTIONTo direct the Louisiana State Board of Dentistry to enforce the

provisions of R.S. 37:776(D) which require the board topromulgate rules and regulations providing for the expungementof first-time advertising offenses from a licensee's record aftera period of three years from the date of the offense if certainrequirements are met.


A CONCURRENT RESOLUTIONTo express the intent of the legislature regarding Act No. 849 of the

2006 Regular Session of the Legislature.

HOUSE CONCURRENT RESOLUTION NO. 152—BY REPRESENTATIVES FANNIN AND STRAIN

A CONCURRENT RESOLUTIONTo direct the Department of Health and Hospitals to research the use

of incentive packages to recruit qualified family practitioners torural areas and report its findings and recommendations to thelegislature by March 1, 2008.

HOUSE CONCURRENT RESOLUTION NO. 215—BY REPRESENTATIVE DOWNS

A CONCURRENT RESOLUTIONTo express the concern of the Louisiana Legislature on the utilization

of excessive traffic law enforcement "speed traps" by local lawenforcement agencies and local governing authorities as a wayto raise revenue.



House Concurrent Resolutionson First Reading

The following House Concurrent Resolutions were read a firsttime by their titles and placed on the Calendar for their secondreading:

HOUSE CONCURRENT RESOLUTION NO. 47—BY REPRESENTATIVE WHITE AND SENATOR FONTENOT


Development to install a traffic light at the intersection ofLouisiana Highway 16 and Cecil Drive in Watson.


HOUSE CONCURRENT RESOLUTION NO. 52—BY REPRESENTATIVES JACK SMITH, PIERRE, AND ST. GERMAIN ANDSENATORS MALONE AND MCPHERSON

A CONCURRENT RESOLUTIONTo authorize and direct the Louisiana State Law Institute to change

the symbols used to denote degrees, minutes, and seconds inprovisions of law to words.



A CONCURRENT RESOLUTIONTo express the intent of the legislature regarding Act No. 849 of the

2006 Regular Session of the Legislature.


HOUSE CONCURRENT RESOLUTION NO. 106—BY REPRESENTATIVE THOMPSON


are necessary to ensure the passage of the Online PharmacyConsumer Protection Act of 2007.


HOUSE CONCURRENT RESOLUTION NO. 152—BY REPRESENTATIVES FANNIN AND STRAIN

A CONCURRENT RESOLUTIONTo direct the Department of Health and Hospitals to research the use

of incentive packages to recruit qualified family practitioners torural areas and report its findings and recommendations to thelegislature by March 1, 2008.


HOUSE CONCURRENT RESOLUTION NO. 191—BY REPRESENTATIVE PINAC

A CONCURRENT RESOLUTIONTo recognize the state's substantial interest in exercising its powers

and the powers delegated to the state by the Twenty-FirstAmendment to the Constitution of the United States and inregulating the structure of the state's alcoholic beverageindustry, including the activities of manufacturers, importers,wholesalers, retailers, and e-commerce merchants, the methodby which alcoholic beverages are marketed, and influences thataffect consumption levels of beverage alcohol by the people ofthe state.


HOUSE CONCURRENT RESOLUTION NO. 198—BY REPRESENTATIVES HUTTER AND GRAY

A CONCURRENT RESOLUTIONTo direct the office of community development in the division of

administration to adopt more stringent performance standardsand penalties in The Road Home contract; and to provide forother matters pertaining thereto.


1138


HOUSE CONCURRENT RESOLUTION NO. 201—BY REPRESENTATIVE K. CARTER

A CONCURRENT RESOLUTIONTo create and provide with respect to the Medication Access and

Cost Study Committee to study and make recommendationswith respect to medication access, cost, and delivery.


HOUSE CONCURRENT RESOLUTION NO. 215—BY REPRESENTATIVE DOWNS

A CONCURRENT RESOLUTIONTo express the concern of the Louisiana Legislature on the utilization

of excessive traffic law enforcement "speed traps" by local lawenforcement agencies and local governing authorities as a wayto raise revenue.


HOUSE CONCURRENT RESOLUTION NO. 216—BY REPRESENTATIVE MONTGOMERY

A CONCURRENT RESOLUTIONTo direct the Louisiana State Board of Dentistry to enforce the

provisions of R.S. 37:776(D) which require the board topromulgate rules and regulations providing for the expungementof first-time advertising offenses from a licensee's record aftera period of three years from the date of the offense if certainrequirements are met.


HOUSE CONCURRENT RESOLUTION NO. 231—BY REPRESENTATIVE GRAY

A CONCURRENT RESOLUTIONTo direct the entities named in R.S. 17:1519.9 to conduct a meeting

by July 30, 2007, update the bylaws to properly reflect thoseentities currently participating in the cooperative endeavoragreement, and submit the minutes of the meetings to thespeaker of the House of Representatives, president of the Senate,and House and Senate health and welfare committees.


Reports of CommitteesThe following reports of committees were received and read:

REPORT OF COMMITTEE ON

REVENUE AND FISCAL AFFAIRSSenator Willie L. Mount, Chairman on behalf of the Committee

on Revenue and Fiscal Affairs, submitted the following report:

June 25, 2007


I am directed by your Committee on Revenue and Fiscal Affairsto submit the following report:

HOUSE BILL NO. 944—BY REPRESENTATIVES GALLOT, ALARIO, ALEXANDER, ANDERS,BADON, BALDONE, BAUDOIN, BAYLOR, BEARD, BOWLER, BRUCE,BURRELL, CAZAYOUX, CHANDLER, DAMICO, DANIEL, DARTEZ,DOERGE, DORSEY, DOVE, DOWNS, ERDEY, FANNIN, FARRAR,FAUCHEUX, FRITH, GREENE, ELCIE GUILLORY, JACKSON, KATZ,KENNARD, KENNEY, LABRUZZO, LAFLEUR, MARTINY, MCDONALD,MORRELL, MORRIS, ODINET, PIERRE, PITRE, T. POWELL, QUEZAIRE,SCALISE, GARY SMITH, JANE SMITH, STRAIN, THOMPSON, TUCKER,WADDELL, WALSWORTH, WILLIAMS, AND WOOTON

AN ACTTo enact R.S. 47:305.56 and 337.9(D)(28), relative to sales and use

tax exemptions; to provide for a state and local sales and use taxexemption for certain water conservation equipment in the

Sparta Groundwater Conservation District; to provide for aneffective date; and to provide for related matters.


Respectfully submitted,WILLIE L. MOUNT

Chairman

House Bills and Joint Resolutionson Second Reading

Reported by CommitteesSenator Mount asked for and obtained a suspension of the rules

to take up at this time the following House Bills and JointResolutions just reported by Committees.



tax exemptions; to provide for a state and local sales and use taxexemption for certain water conservation equipment in theSparta Groundwater Conservation District; to provide for aneffective date; and to provide for related matters.

Reported with amendments by the Committee on Revenue andFiscal Affairs.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Revenue and FiscalAffairs to Reengrossed House Bill No. 944 by Representative Gallot

AMENDMENT NO. 1On page 1, line 10, change "The" to "(1) Within the limits providedfor in Paragraph (2) of this Subsection, the"

AMENDMENT NO. 2On page 1, line 12, after "District" insert "from July 1, 2007 throughJune 30, 2009"

AMENDMENT NO. 3On page 1, line 13, after "38:3087.133(7)" insert "and peoplepurchasing for use in their residences and businesses with grossreceipts not in excess of five-hundred thousand dollars"


"(2)(a) The secretary of the Department of Revenue shall issueexemption certificates for the purchase of a certain dollar amount ofwater conservation equipment as requested by the person and shallkeep a record of the exemption certificates issued. However, thesecretary shall not issue exemption certificates which will grant usersaggregate total exemptions in excess of one million dollars of statesales tax. Once such limit is reached, no exemptions shall be grantedagainst the sales tax of political subdivisions of the state. In addition,the board and the secretary shall ensure that ten percent of the usersgranted exemption are owners purchasing water conservationequipment for residences or for businesses with gross receipts not inexcess of five-hundred thousand dollars for the calendar year prior tothe grant of the exemption.

(b) The secretary of the Department of Revenue shallpromulgate rules and regulations for the implementation of thisSection in accordance with the Administrative Procedure Act."

AMENDMENT NO. 5


1139

On page 1, line 15, after "Revenue" insert "which shall be granted ona first-come, first-served basis"

AMENDMENT NO. 6On page 2, line 6, after "provided that" insert "the board is able todetermine through adequate documentation which shall be retainedby the board that"

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

Privilege Report of theLegislative Bureau

June 25, 2007


I am directed by your Legislative Bureau to submit thefollowing report:

The following bills are approved as to construction andduplication.



tax exemptions; to provide for a state and local sales and use taxexemption for certain water conservation equipment in theSparta Groundwater Conservation District; to provide for aneffective date; and to provide for related matters.


Respectfully submitted,ARTHUR J. "ART" LENTINI

Chairman

Adoption of Legislative Bureau ReportOn motion of Senator Lentini, the Bills and Joint Resolutions

were read by title and passed to a third reading.

Regular Order of the Day

Senate Bills and Joint ResolutionsReturned from the House

of Representatives with AmendmentsThe following Senate Bills and Joint Resolutions returned from

the House of Representatives with amendments were taken up andacted upon as follows:

SENATE BILL NO. 41—BY SENATOR ADLEY

AN ACTTo enact R.S. 33:381(C)(28), relative to the village of Bienville; to

provide for abolishing, subject to election, the office of chief ofpolice; to provide for an effective date; and to provide forrelated matters.

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

HOUSE COMMITTEE AMENDMENTS

Amendments proposed by House Committee on Municipal, Parochialand Cultural Affairs to Engrossed Senate Bill No. 41 by SenatorAdley

AMENDMENT NO. 1On page 1, line 13, change "may" to "shall"

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


YEAS

Mr President Dupre McPhersonAdley Ellington MountAmedee Fields MurrayBajoie Fontenot NeversBarham Gautreaux B QuinnBoasso Gautreaux N RomeroBroome Heitmeier SchedlerCain Hollis ShepherdCassidy Jackson SmithChaisson Jones TheunissenCheek Lentini UlloCravins MaloneDuplessis Marionneaux Total - 37

NAYS

Total - 0ABSENT


The Chair declared the amendments proposed by the Housewere concurred in. Senator Adley moved to reconsider the vote bywhich the amendments were concurred in and laid the motion on thetable.

SENATE BILL NO. 42—BY SENATOR MURRAY

AN ACTTo repeal R.S. 35:325 through 328 and R.S. 35:330 through 335,

relative to notaries public in Orleans Parish; to repeal theprovisions requiring the custodian of notarial records to keep analphabetical list of all notaries in the parish, requiring eachnotary to furnish certain information to the custodian, requiringthe payment of an annual fee by each notary, requiring testingof sureties on bonds by the custodian, requiring certainproceedings against absent notaries, requiring the revocation ofcertain notaries commissions, requiring certain notices by thecustodian to notaries, and providing for penalties for certainconduct by non-attorney notaries public in the parish; to providefor an effective date; and to provide for related matters.


HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative K. Carter to EngrossedSenate Bill No. 42 by Senator Murray

AMENDMENT NO. 1On page 1, line 2, after "through 335," and before "relative to" insert"and R.S. 44:182.2 through 182.10, as enacted by Act No. 621 of the2006 Regular Session of the Legislature,"


1140

AMENDMENT NO. 2On page 1, line 13, after "through 335" and before "are hereby" insert"and R.S. 44:182.2 through 182.10, as enacted by Act No. 621 of the2006 Regular Session of the Legislature,"

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


YEAS

Mr President Dupre McPhersonAdley Ellington MountAmedee Fields MurrayBajoie Fontenot NeversBarham Gautreaux B QuinnBoasso Gautreaux N RomeroBroome Heitmeier SchedlerCain Hollis ShepherdCassidy Jackson SmithChaisson Jones TheunissenCheek Lentini UlloCravins MaloneDuplessis Marionneaux Total - 37

NAYS

Total - 0ABSENT


The Chair declared the amendments proposed by the Housewere concurred in. Senator Murray moved to reconsider the vote bywhich the amendments were concurred in and laid the motion on thetable.

SENATE BILL NO. 60—BY SENATORS CAIN, CHEEK, ELLINGTON, FIELDS, B. GAUTREAUXAND JONES AND REPRESENTATIVE JOHN SMITH AND SENATORSBROOME, CHAISSON, CRAVINS, DUPLESSIS, DUPRE, N. GAUTREAUX,HINES, HOLLIS, MARIONNEAUX, MICHOT, MURRAY, NEVERS,QUINN, ROMERO, SCHEDLER, SHEPHERD, SMITH AND THEUNISSENAND REPRESENTATIVES ALARIO, ANDERS, ARNOLD, BALDONE,BARROW, BAUDOIN, BAYLOR, BRUCE, BURRELL, R. CARTER,CAZAYOUX, DANIEL, DARTEZ, DEWITT, DOERGE, DOVE, DOWNS,DURAND, ERDEY, FANNIN, FARRAR, FAUCHEUX, FRITH, ELCIEGUILLORY, HARRIS, HEBERT, HILL, HONEY, HUTTER, JEFFERSON,KATZ, KENNEY, MARCHAND, MCDONALD, MORRELL, ODINET,PIERRE, PINAC, PITRE, M. POWELL, T. POWELL, QUEZAIRE,RICHMOND, RITCHIE, ROBIDEAUX, ROMERO, SALTER, GARY SMITH,JACK SMITH, STRAIN, THOMPSON, TOWNSEND, TRAHAN,WALSWORTH, WILLIAMS AND WOOTON

AN ACTTo enact R.S. 11:1006(D) and 1007, relative to the Louisiana School

Employees' Retirement System; to provide with respect toreemployment of retired bus drivers; to provide for full-timeemployment of such bus drivers and the benefits payablethereto; to provide for suspension of benefits; to provide forcontributions and employer reporting requirements; to providefor an effective date; and to provide for related matters.



Amendments proposed by House Committee on Retirement toEngrossed Senate Bill No. 60 by Senator Cain

AMENDMENT NO. 1On page line 14, after "driver " and before "who" replace "and " witha comma ","

AMENDMENT NO. 2On page 1, line 16, after "Chapter " delete the period "." and inserta comma "," and "and whose em ployer chooses to reem ploy himpursuant to R.S. 11:1007. "

AMENDMENT NO. 3On page 1, line 16, after "of" and before "retired " insert "such"

AMENDMENT NO. 4On page 1, line 17, change "R.S. 11:1007." to "that Section. "

AMENDMENT NO. 5On page 2, line 2, delete "Any" and insert in lieu thereof "Subject tothe provisions of Subsection F of this Section, any "

AMENDMENT NO. 6On page 2, line 2, after "who" and before "retired " insert "was"

AMENDMENT NO. 7On page 2, at the end of line 2, insert "on June 1, 2007, "


"F. Any employer w ho elects to reemploy a bus driverpursuant to this Section shall pay to the system all of theactuarial costs to the system of reemployment of such bus driver.Such payments shall be made in such manner and at such time asthe board of trustees shall require, but such payment shall bemade before the bus driver again retires.

G. This Section shall cease to be effective on June 1, 2010. "

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


YEAS


NAYS

Total - 0ABSENT

Michot Total - 1

The Chair declared the amendments proposed by the Housewere concurred in. Senator Cain moved to reconsider the vote bywhich the amendments were concurred in and laid the motion on thetable.

SENATE BILL NO. 150—BY SENATOR BARHAM

AN ACTTo amend and reenact R.S. 24:31.6(D), relative to furniture and

equipment provided to legislators; to authorize legislators topurchase certain furniture and equipment upon their terminationof office; and to provide for related matters.


1141



Amendments proposed by Representatives Lancaster and Gallot toEngrossed Senate Bill No. 150 by Senator Barham

AMENDMENT NO. 1On page 1, line 15, change "his personal " to "nonpublic "

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


YEAS

Mr President Dupre McPhersonAdley Ellington MountAmedee Fields MurrayBajoie Fontenot NeversBarham Gautreaux B QuinnBoasso Heitmeier RomeroBroome Hollis SchedlerCain Jackson ShepherdCassidy Jones SmithChaisson Kostelka TheunissenCheek Lentini UlloCravins MaloneDuplessis Marionneaux Total - 37

NAYS

Gautreaux N Total - 1

ABSENT

Michot Total - 1

The Chair declared the amendments proposed by the Housewere concurred in. Senator Barham moved to reconsider the vote bywhich the amendments were concurred in and laid the motion on thetable.

SENATE BILL NO. 153—BY SENATORS DUPRE AND NEVERS

AN ACTTo enact R.S. 22:1430.23, relative to Louisiana Citizens Property

Insurance Corporation; to authorize certain activities by thecorporation; to provide certain terms, conditions, and proceduresof the corporation; to provide for policies issued by thecorporation; to require the creation of a policy take-out programfor the depopulation of Louisiana Citizens Property InsuranceCorporation; and to provide for related matters.



Amendments proposed by House Committee on Insurance toReengrossed Senate Bill No. 153 by Senator Dupre

AMENDMENT NO. 1On page 2, line 2, after "than " change "500" to "five hundred "

AMENDMENT NO. 2On page 3, line 3, after "his" delete "or her "

AMENDMENT NO. 3

On page 3, line 5, after "Plans " insert a comma ","

AMENDMENT NO. 4On page 3, delete lines 9 through 12 in their entirety and insert thefollowing:


Senator Dupre moved to reject the amendments proposed by theHouse.


YEAS

Mr President Dupre McPhersonAdley Ellington MountAmedee Fields MurrayBajoie Fontenot NeversBarham Gautreaux B QuinnBoasso Gautreaux N RomeroBroome Heitmeier SchedlerCain Hollis ShepherdCassidy Jackson SmithChaisson Jones TheunissenCheek Kostelka UlloCravins LentiniDuplessis Malone Total - 37

NAYS

Total - 0ABSENT

Marionneaux Michot Total - 2

The Chair declared the amendments proposed by the Housewere rejected. Senator Dupre moved to reconsider the vote by whichthe amendments were rejected and laid the motion on the table.

SENATE BILL NO. 179—BY SENATOR MCPHERSON

AN ACTTo amend and reenact R.S. 17:1519.1(2), (3), (4), (5), (6), (7), (8),

(9), (10), (11), (12), and (13), 1519.2(B)(1) and 3215(7), toenact R.S. 17:1518.1, 1518.2 and 1519.2(B)(3)(c), and to repealR.S. 17:1519.10, relative to Huey P. Long Medical Center; tomerge the Huey P. Long Medical Center, its funds, property,records, obligations, functions, and employees with theLouisiana State University Health Sciences Center atShreveport; to provide for the administration of Huey P. LongMedical Center; to provide for an advisory council; to providefor a memorandum of understanding; and to provide for relatedmatters.



Amendments proposed by House Committee on Health and Welfareto Reengrossed Senate Bill No. 179 by Senator McPherson

AMENDMENT NO. 1On page 1, line 2, after "(2)" delete the comma "," and change "(3),(4), (5), (6), (7), (8), (9), (10), (11), (12), and" to "through"


1142

AMENDMENT NO. 2On page 1, line 3, after "(B)(1)" insert "(c) through (h)"

AMENDMENT NO. 3On page 1, line 4, change "R.S. 17:1519.10" to "R.S.17:1519.2(B)(1)(i) and 1519.10"

AMENDMENT NO. 4On page 1, line 11, after "(2)" delete the comma "," and change "(3),(4), (5), (6), (7), (8), (9), (10), (11), (12), and" to "through"

AMENDMENT NO. 5On page 1, line 12, after "(B)(1)" insert "(c) through (h)" and between"and" and "1518.1" insert "R.S. 17:"

AMENDMENT NO. 6On page 2, line 1, between "to" and "as" insert "in this Section "

AMENDMENT NO. 7On page 2, line 6, between "and " and "uninsured " insert "who is"

AMENDMENT NO. 8On page 4, line 2, delete "twenty-one " and insert "fifteen"

AMENDMENT NO. 9On page 4, line 3, after "compensation. " delete the remainder of theline and insert the following: "One member shall be the chancellorof the health sciences center, or his designee. One m ember shallbe the m edical director of the Huey P. Long Medical Center, orhis designee. One member shall be the hospital adm inistrator ofthe Huey P. Long Medical Center, or his designee. One membershall be the dean of the Tulane University School of Medicine, orhis designee. One member shal l be appointed by the hospitalemployee union. The chancellor of the health sciences centershall appoint ten m embers to the advisory council as follow s:

(i) One member shall be appointed from a list of nominees,who are dom iciled in Avoyelles Parish, subm itted by the statelegislators w ho represent such parish.

(ii) One member shall be appointed from a list of nominees,who are domiciled in Catahoula Parish, submitted by the statelegislators w ho represent such parish.

(iii) One member shall be appointed from a list of nominees,who are dom iciled in Concordia Parish, subm itted by the statelegislators w ho represent such parish.

(iv) One member shall be appointed from a list of nominees,who are domiciled in Grant Parish, submitted by the statelegislators w ho represent such parish.

(v) One member shall be appointed from a list of nominees,who are domiciled in LaSalle Parish, submitt ed by the statelegislators w ho represent such parish.

(vi) Three m embers shall be appointed from a list ofnominees, who are domiciled in Rapides Parish, submitted by thestate legislators w ho represent such parish.

(vii) One member shall be appointed from a list of nominees,who are domiciled in Vernon Parish, subm itted by the statelegislators w ho represent such parish.

(viii) One member shall be appointed from a list ofnominees, w ho are dom iciled in Winn Parish, subm itted by thestate legislators w ho represent such parish. "

AMENDMENT NO. 10On page 4, delete lines 4 through 8 in their entirety

AMENDMENT NO. 11On page 4, line 13, delete "Eleven" and insert "Eight "

AMENDMENT NO. 12On page 4, line 14, between "chairman, " and "vice" delete "a"

AMENDMENT NO. 13On page 5, line 10, change "medical center " to "Huey P. LongMedical Center "

AMENDMENT NO. 14

On page 5, line 11, change "Health " to "HCSD"

AMENDMENT NO. 15On page 5, line 12, delete "Care Services Division "

AMENDMENT NO. 16On page 5, line 22, change "should " to "shall"

AMENDMENT NO. 17On page 5, line 28, delete "of Representatives "

AMENDMENT NO. 18On page 6, line 17, between "of" and "Subsection " change "the" to"this"

AMENDMENT NO. 19On page 8, delete lines 18 and 19 and insert a set of asterisks

"* * *"

AMENDMENT NO. 20On page 9, delete line 14 in its entirety and insert in lieu thereof:

"Section 2. R.S. 17:1519.2(B)(1)(i) and 1519.10 are herebyrepealed in their entirety."

Senator McPherson moved to concur in the amendmentsproposed by the House.


YEAS

Mr President Dupre McPhersonAdley Ellington MountAmedee Fields MurrayBajoie Fontenot NeversBarham Gautreaux B QuinnBoasso Gautreaux N RomeroBroome Heitmeier SchedlerCain Hollis ShepherdCassidy Jackson SmithChaisson Jones TheunissenCheek Kostelka UlloCravins LentiniDuplessis Malone Total - 37

NAYS

Total - 0ABSENT

Marionneaux Michot Total - 2

The Chair declared the amendments proposed by the Housewere concurred in. Senator McPherson moved to reconsider the voteby which the amendments were concurred in and laid the motion onthe table.

SENATE BILL NO. 195—BY SENATORS CAIN, BARHAM, BROOME, CRAVINS, ELLINGTON,FIELDS, FONTENOT, HOLLIS, KOSTELKA, LENTINI, MALONE,MICHOT, MURRAY, NEVERS, QUINN, ROMERO, SCHEDLER,SHEPHERD, SMITH, CASSIDY, DUPLESSIS, DUPRE, HINES, JONES,MARIONNEAUX, MCPHERSON AND ULLO

AN ACTTo amend and reenact R.S. 22:1430.11(A), (C), and (D), 1430.12(A),

1430.22 (A) and to enact R.S. 22:1430.23, 1474(B)(6) and R.S.49:332, and to repeal R.S. 22:1430.22(B) and (C), relative to theLouisiana Citizens Property Insurance Corporation; to providefor the state treasurer to execute a request for proposal; toauthorize private insurance carriers to submit a proposal forassuming the polices, and future risk associated with policies,sold by the Louisiana Citizens Property Insurance Corporation;


1143

to provide for an exception to agent's exclusive use of renewalinformation; to clarify rate making; to provide for agentcompensation; and to provide for related matters.



Amendments proposed by House Committee on Insurance toReengrossed Senate Bill No. 195 by Senator Cain

AMENDMENT NO. 1On page 3, line 9, after "(2)" delete "Rates " and insert "Except as isprovided in R.S. 49:332(7), the rates "

AMENDMENT NO. 2On page 5, line 1, change "Subsection B " to "Paragraph (2) "


"(6) No insurer shall be qualified to subm it a response to therequest for prop osal, or participate in a joint response to therequest for proposal, unless that insurer has at least a B+ ratingwith A.M. Best.

(7) The rates which are charged by the company orcompanies which subm it the w inning response to the proposalmust comply with R.S. 22:1430.12 in the first year that thecompany charges prem iums to the custom er. During the secondand subsequent years of coverage, the winning insurer orinsurers shall apply to the Department of Insurance for rateswhich are actuarially justified, and do not include the ten percentsurcharge authorized in R.S. 22:1430.12.

(8) Policies which are assum ed or written by the winninginsurer or insurers shall be reissued in the name of the winninginsurer or insurers and shall clearly state on the face of the policythat this policy is being written for the Louisiana CitizensProperty Insurance Corporation as part of the residual m arket.

(9) The company or com panies w hich subm it the w inningresponse to the proposal must comply with R.S. 22:1430.11(A)and agree to accept any policy from any person who has aninsurable interest as is defined by R.S. 22:1430.11.

(10) The com pany or com panies which submit the winningresponse to the proposal must provide a performance bond in anamount acceptable to the state treasurer subject to the approvalof the Joint Legislative Committee on the Budget. If the JointLegislative Committee on the Budget approves the amount of thebond, the committee shall present the proposal and performancebond amount for approval of a m ajority of the elected m embersof the legislature. If the legislature is in session, approval m ay beobtai ned by legislative act or concurrent resolution. If thelegislature is not in session, approval m ust be obtained by usingthe same mail ballot pr ocedure used to obtain such approval ofthe Interim Emergency Board. "

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Reengrossed SenateBill No. 195 by Senator Cain

AMENDMENT NO. 1On page 5, line 5, following " Paragraph " change " A" to " (1)"

AMENDMENT NO. 2On page 5, line 6, before " ," change " Subsection " to " Section"

AMENDMENT NO. 3On page 5, line 29, following " majority " and before " the" change" by" to " of"

AMENDMENT NO. 4On page 6, line 14, following " this" and before " shall " change" Subsection " to " Paragraph "

AMENDMENT NO. 5On page 6, line 24, following " this" and before " ," change" Paragraph " to " Subparagraph "


Amendments proposed by Representative Hebert to ReengrossedSenate Bill No. 195 by Senator CainAMENDMENT NO. 1In Amendment No. 3 proposed by the House Committee onInsurance and adopted by the House of Representatives on June 7,2007, on page 1, delete lines 17 through 20 in their entirety and insertthe following:

"(8) Policies which are assum ed by the winning insurer orinsurers shall be reissued in the name of the winning insurer. Allnew policies written pursuant to Paragraph (9) of this Subsectionshall be wri tten in the nam e of the insurer or insurers w hosubmitted the winning pr oposal. The winning insurer shallagree, in writing, to assume all future risk of peril covered in thepolicies which are written or assumed pursuant to this Section. "

AMENDMENT NO. 2On page 4, line 16, after "owing" delete the remainder of the line andinsert "for any and all occurrences which occurred prior to whena winning bid is accepted pursuant to the authority granted inR.S. 49:332."

AMENDMENT NO. 3On page 4, delete lines 28 and 29 in their entirety

AMENDMENT NO. 4On page 5, delete lines 1 through 10 in their entirety and insert thefollowing:

"(1) Prepare a request for proposal to seek bids from "


"(2) The treasurer shall negotiate term s which accom plishthe purposes of this Section. "

AMENDMENT NO. 6On page 5, line 23, after "proposal " insert "including but notlimited to a proposal w hich w ould"




Amendments proposed by Representative Erdey to ReengrossedSenate Bill No. 195 by Senator Cain

AMENDMENT NO. 1In Amendment No. 3 proposed by the House Committee onInsurance and adopted by the House of Representatives on June 7,2007, on page 1, line 10, change "B+" to "A-"

AMENDMENT NO. 2In Amendment No. 3 proposed by the House Committee onInsurance and adopted by the House of Representative on June 7,2007, on page 1, at the end of line 23, after the period "." insert thefollowing:

"The company or companies which submit the winningresponse to the request for proposal m ust comply with allstatutory and regulatory requirem ents of Title 22 related tofinancial solvency. "


1144


Amendments proposed by Representative K. Carter to ReengrossedSenate Bill No. 195 by Senator Cain

AMENDMENT NO. 1On page 4, delete line 27 in its entirety and at the beginning of line28, change "(1)" to "A."

AMENDMENT NO. 2On page 4, line 28, after "2008," delete "he" and insert "the statetreasurer "

AMENDMENT NO. 3Delete House Committee Amendment No. 2 proposed by the HouseCommittee on Insurance and adopted by the House ofRepresentatives on June 7, 2007.

AMENDMENT NO. 4On page 5, line 5, change "(2)" to "B."

AMENDMENT NO. 5On page 5, line 5, after "pursuant to" delete "Paragraph " and insert"Subsection "

AMENDMENT NO. 6Delete Legislative Bureau Amendment No. 1 proposed by theLegislative Bureau and adopted by the House of Representatives onJune 7, 2007.

AMENDMENT NO. 7On page 5, line 13, after "request for" change "proposals. " to"proposal. "

AMENDMENT NO. 8On page 5, line 17, change "(3)" to "C."

AMENDMENT NO. 9On page 5, line 22, change "(4)" to "D."

AMENDMENT NO. 10On page 6, line 6, change "(5)" to "E."

AMENDMENT NO. 11In House Committee Amendment No. 3 proposed by the HouseCommittee on Insurance and adopted by the House ofRepresentatives on June 7, 2007, on page 1, line 8, change "(6)" to"F."

AMENDMENT NO. 12In House Committee Amendment No. 3 proposed by the HouseCommittee on Insurance and adopted by the House ofRepresentatives on June 7, 2007, on page 1, line 11, change "(7)" to"G."

AMENDMENT NO. 13In House Committee Amendment No. 3 proposed by the HouseCommittee on Insurance and adopted by the House ofRepresentatives on June 7, 2007, on page 1, line 17, change "(8)" to"H."

AMENDMENT NO. 14In House Committee Amendment No. 3 proposed by the HouseCommittee on Insurance and adopted by the House ofRepresentatives on June 7, 2007, on page 1, line 21, change "(9)" to"I."

AMENDMENT NO. 15In House Committee Amendment No. 3 proposed by the HouseCommittee on Insurance and adopted by the House ofRepresentatives on June 7, 2007, on page 1, line 24, change "(10)" to"J."

AMENDMENT NO. 16

On page 6, after line 27 insert the following: "Section 4. The provisions of this Act shall only become

effective after at least half of the monies appropriated, transferred, orotherwise made available to the Insure Louisiana Incentive Programfund have been allocated to qualified property insurers pursuant tothe authority granted in the Act which originated as House Bill 678of the 2007 Regular Session."


Amendments proposed by Representative Downs to ReengrossedSenate Bill No. 195 by Senator Cain

AMENDMENT NO. 1On page 5, line 21, after "Corporation " insert "In no event shall thesurplus req uirements of the successful bidder be less than thesurplus requirement of any other com pany in the state ofLouisiana assuming the same amount of business. "

Senator Cain moved to reject the amendments proposed by theHouse.


YEAS


NAYS

Total - 0ABSENT

Michot Total - 1

The Chair declared the amendments proposed by the Housewere rejected. Senator Cain moved to reconsider the vote by whichthe amendments were rejected and laid the motion on the table.

SENATE BILL NO. 204—BY SENATORS CRAVINS, BROOME, HOLLIS, MICHOT, MOUNT,NEVERS AND QUINN AND REPRESENTATIVES BAUDOIN, DOERGE,MICKEY GUILLORY, HEBERT, STRAIN AND TOOMY

AN ACTTo amend and reenact R.S. 22:635.3(C) and 636.2(D) and to enact

R.S. 22:635.3(D) and 636.2(E), relative to homeownersinsurance; to provide for nonrenewal or cancellation of certainhomeowners insurance policies; to provide for changes inhomeowners insurance policy deductibles; to provide forpremium quotes involving homeowners policies and policydeductibles; and to provide for related matters.



Amendments proposed by House Committee on Insurance toReengrossed Senate Bill No. 204 by Senator Cravins


1145

AMENDMENT NO. 1On page 1, line 2, after "R.S. 22:635.3(D)" insert "and (E)"

AMENDMENT NO. 2On page 1, line 3, after "R.S. 22:636.2(E)" insert "and (F)"

AMENDMENT NO. 3On page 1, line 9, after "R.S. 22:635.3(D)" insert "and (E)" and after"636.2(E)" insert "and (F)"

AMENDMENT NO. 4On page 2, line 11, delete "(1)"

AMENDMENT NO. 5On page 2, line 15, after "three " delete remainder of the line anddelete line 16 in its entirety

AMENDMENT NO. 6On page 2, line 17, delete "more than once every three "

AMENDMENT NO. 7On page 2, line 22, after "deductible. " delete the remainder of theline and delete lines 23 through 28 in their entirety


"E. For the purposes of this Section, a change in deductibleshall not constitute a new policy."

AMENDMENT NO. 9On page 4, line 2, after "deductible. " delete the remainder of the lineand delete lines 3 and 4 in their entirety


"F. For the purposes of this Section, a change in deductibleshall not constitute a new policy."


Amendments proposed by Representative LaFleur to ReengrossedSenate Bill No. 204 by Senator Cravins

AMENDMENT NO. 1On page 1, line 5, delete "deductibles;" and insert "deductibles fornamed storms or hurricanes;"

AMENDMENT NO. 2On page 2, line 14, after "deductible " insert "for named storms orhurricanes "

AMENDMENT NO. 3On page 2, line 22, delete "change " and insert "increase "

AMENDMENT NO. 4On page 2, line 22, after "deductible. " insert the following:

"However, no deviation permitted pursuant to thisSubsection shall be authorized which would increase a policydeductible for named storms or hurricanes above five percent ofthe insured value of the property or its dollar equivalent. "

AMENDMENT NO. 5On page 3, line 23, after "deductible " insert "for named storms orhurricanes "

AMENDMENT NO. 6On page 3, at the end of line 24 after "years " delete the comma ","and insert a period "."

AMENDMENT NO. 7On page 3, delete line 25 in its entirety and on line 26 delete "morethan once every three years. "

AMENDMENT NO. 8

On page 4, line 2, delete "change " and insert "increase "

AMENDMENT NO. 9On page 4, line 2, after "deductible. " insert the following:

"However, no deviation permitted pursuant to thisSubsection shall be authorized which would increase a policydeductible for named storms or hurricanes above five percent ofthe insured value of the property or its dollar equivalent. "

MotionSenator Cravins moved that the Senate concur in the

amendments proposed by the House.

Senator Cain moved as a substitute motion that the Senate rejectthe amendments proposed by the House.

Senator Cravins objected.

ROLL CALLThe roll was called on the substitute motion with the following

result:

YEAS

Mr President Duplessis LentiniAdley Ellington MaloneAmedee Fields MarionneauxBajoie Fontenot McPhersonBarham Gautreaux B MountBoasso Gautreaux N MurrayBroome Heitmeier NeversCain Hollis RomeroCassidy Jackson SchedlerChaisson Jones TheunissenCheek Kostelka Ullo Total - 33

NAYS

Cravins ShepherdDupre Smith Total - 4

ABSENT


The Chair declared the amendments proposed by the Housewere rejected.

SENATE BILL NO. 205—BY SENATORS CRAVINS, CHAISSON, DUPRE, MOUNT, NEVERS,BROOME AND CAIN AND REPRESENTATIVES K. CARTER ANDTHOMPSON

AN ACTTo amend and reenact R.S. 36:681(C)(1) and to enact R.S. 36:696

and R.S. 22:1455, relative to the Department of Insurance; tocreate the office of consumer advocacy headed by a deputycommissioner of consumer advocacy; to provide the powers,duties, functions, and responsibilities of the office, includingenforcement of the policyholder bill of rights; and to provide forrelated matters.



Amendments proposed by House Committee on Insurance toEngrossed Senate Bill No. 205 by Senator Cravins

AMENDMENT NO. 1On page 3, before line 1 insert the following:


1146

"C. The deputy com missioner for consum er advocacy canonly be fired by a majority vote of both the Louisiana House ofRepresentatives and the Louisiana Senate, including by m ailballot. "

AMENDMENT NO. 2On page 3, at the beginning of line 1 change "C." to "D."

AMENDMENT NO. 3On page 3, delete lines 6 through 8 in their entirety and insert thefollowing: "The following items exist in Louisiana statute andshall serve as standards for a commercial and residentialproperty policyholder bill of rights and do not create additionalcauses of actions or further penalties not otherw ise providedunder Louisiana statute. "

AMENDMENT NO. 4On page 3, line 12, after "advertising " and before "and " insert "thatis not false "

AMENDMENT NO. 5On page 3, line 21, after "honest" delete "individuals andproducers, and to have" and insert "insurance producers that willanswer "

AMENDMENT NO. 6On page 3, line 21, after "questions " delete "addressed "

AMENDMENT NO. 7On page 4, line 16, after "of any" delete "claim due" and insert"property dam age claim , or a portion of the claim , due"

AMENDMENT NO. 8On page 4, line 21, after "are not " change "statutorily " to "legally"


Amendments proposed by Legislative Bureau to Engrossed SenateBill No. 205 by Senator Cravins

AMENDMENT NO. 1In House Committee Amendment No. 1 proposed by the HouseCommittee on Insurance, on line 3, following "can" change "only befired " to "be removed only "

AMENDMENT NO. 2In House Committee Amendment No. 3 proposed by the HouseCommittee on Insurance, on line 10, following "Louisiana " change"statute " to "statutes "

AMENDMENT NO. 3In House Committee Amendment No. 3 proposed by the HouseCommittee on Insurance, on line 13, following "Louisiana " change"statute " to "statutes"

AMENDMENT NO. 4On page 2, line 25, following "potential " and before "to" change"violation " to "violations "

AMENDMENT NO. 5On page 2, line 28, following "(5)" and before "compliance " change"Insure " to "Ensure "

AMENDMENT NO. 6On page 3, line 27, following "the" and before "Department " delete"Louisiana "

AMENDMENT NO. 7On page 4, line 26, following "the" and before "Department " delete"Louisiana "


Amendments proposed by Representative K. Carter to EngrossedSenate Bill No. 205 by Senator Cravins

AMENDMENT NO. 1On page 2, line 12, after "session." insert the following: "Thecommissioner of insurance shall appoint the deputycommissioner of consumer advocacy by October 1, 2007. Theoffice of consumer advocacy may be housed within the LouisianaDepartment of Insurance or in satellite offices as outlined in therules and regulations to be im plemented by the commissioner ofinsurance pursuant to this Section. "

AMENDMENT NO. 2In House Committee Amendment No. 1 proposed by the HouseCommittee on Insurance and adopted by the House ofRepresentatives on June 7, 2007, on page 1, line 3, after "can only"delete the remainder of the line and delete lines 4 and 5 in theirentirety and in lieu thereof insert the following: "be terminated forcause shown. A written report of term ination shall be com piledby the commissioner of insurance and delivered to the clerk ofthe House of Representatives and the secretary of the Senatewithin five days after the term ination and shall be disclosed tothe mem bers of the respective houses of the legislature uponrequest. "

AMENDMENT NO. 3In House Committee Amendment No. 3 proposed by the HouseCommittee on Insurance and adopted by the House ofRepresentatives on June 7, 2007, on page 1, line 11, delete“commercial and residential property ”

AMENDMENT NO. 4On page 3, line 29, after "insurance " delete "company orproducer. " and insert "company, producer, or adjuster. "

AMENDMENT NO. 5On page 4, line 18, after "22:1220." insert the following: "If a claimis denied, policyholders shall have the right to receive a writtenexplanation as to the reason for denial, in whole or in part, of anyclaim made under their policy of insurance. "

AMENDMENT NO. 6On page 4, line 26, after "insurance " delete "company or insuranceproducer " and insert "company, producer, or adjuster "


"(16) Policyholders shall have the right to a readable policy,to receive a complete property insurance policy, and to requesta duplicate or replacem ent policy as needed.



Amendments proposed by Representative Hebert to EngrossedSenate Bill No. 205 by Senator Cravins

AMENDMENT NO. 1On page 1, line 2, after "R.S. 22:1455" delete the comma "," andinsert "and 1476,"

AMENDMENT NO. 2In House Committee Amendment No. 1 proposed by the HouseCommittee on Insurance and adopted by the House ofRepresentatives on June 7, 2007, on page 1, line 3, after "can only"delete the remainder of the line and delete lines 4 and 5 in theirentirety and in lieu thereof insert the following: "be terminated forcause shown. A written report of term ination shall be compiled


1147

by the commissioner of insurance and delivered to the clerk of theHouse of Representatives and the secretary of the Senate at leastten days before the term ination and shall be disclosed to themembers of the respective houses of the legislature upon request. "

AMENDMENT NO. 3On page 3, line 4, after "22:1455" delete "is" and insert "and 1476are"

AMENDMENT NO. 4On page 4, line 19, after "(14)" delete "Policyholders " and insert"Relative to first party property dam age claim s, policyholders "

AMENDMENT NO. 5On page 4, line 20, delete "adjuster reports, "and insert "estimates,bids, plans, m easurem ents, draw ings,"

AMENDMENT NO. 6On page 4, line 21, after "documents " delete "which" and insert"that "

AMENDMENT NO. 7On page 4, line 23, after "confidential " and before "any" insert"adjuster notes, logs, and "

AMENDMENT NO. 8On page 4, line 23, after "documents " delete the remainder of theline and at the beginning of line 24 delete "prepare " and insert"prepared "


"(16) Policyholders shall have the right to the rem ediesprovided for in R.S. 22:658 if an insurer violates that Section inthe handling of the claim ."


"* * *

§1476. Right to transparency and integrity in adjustm ent ofproperty claim s

A. An insurer of a residential or com mercial property shallrespond to all inquiries or requests from the insured withinfourteen days of the inquiry or request, unless such time periodto respond has been extended by the commissioner of insurancebecause of a disaster or emerge ncy declared in accordance withR.S. 29:271 et seq.

B. An insurer of a residential or commercial property shallprovide prompt adjustm ent by a qualified adjuster pursuant tothe provisions of R.S. 22:1210.71 et seq., the Louisiana Claim sAdjuster Act.

C. Any violations of this Section that are com mitted orperform ed with such frequency as to indicate a general businesspractice such as those enumerated in R.S. 22:1214(14) shall besubject to the provisions of R.S. 22:1214 et seq., the Unfair TradePractices Act. "

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


YEAS

Mr President Dupre MarionneauxAdley Ellington McPhersonAmedee Fields MountBajoie Fontenot MurrayBarham Gautreaux B NeversBoasso Gautreaux N QuinnBroome Heitmeier Romero

Cain Hollis SchedlerCassidy Jackson ShepherdChaisson Jones SmithCheek Kostelka TheunissenCravins Lentini UlloDuplessis Malone Total - 38

NAYS

Total - 0ABSENT

Michot Total - 1

The Chair declared the amendments proposed by the Housewere concurred in. Senator Cravins moved to reconsider the vote bywhich the amendments were concurred in and laid the motion on thetable.

Senator Amedee in the ChairSENATE BILL NO. 221—

BY SENATORS LENTINI, ELLINGTON, HOLLIS AND QUINN ANDREPRESENTATIVES M. POWELL, SCALISE, JANE SMITH ANDTHOMPSON

AN ACTTo enact R.S. 14:90.6, relative to offenses affecting general morality;

to prohibit gambling and wagering at cockfights; to provide forpenalties; and to provide for related matters.


Amendments proposed by House Committee on Administration ofCriminal Justice to Engrossed Senate Bill No. 221 by Senator Lentini

AMENDMENT NO. 1On page 1, line 17, after "directs, " and before "or" insert "leases,"

AMENDMENT NO. 2On page 2, line 2, change "waging" to "wagering "

MotionSenator Lentini moved that the Senate concur in the

amendments proposed by the House.

Senator Hines moved as a substitute motion that the Senatereject the amendments proposed by the House.

Senator Lentini objected.

ROLL CALLThe roll was called on the substitute motion with the following

result:

YEAS

Mr President Marionneaux ShepherdCravins Romero Total - 5

NAYS

Adley Duplessis LentiniAmedee Dupre MaloneBajoie Ellington McPhersonBarham Fontenot MurrayBoasso Gautreaux B NeversBroome Heitmeier QuinnCain Hollis SchedlerCassidy Jackson SmithChaisson Jones TheunissenCheek Kostelka Ullo


1148

Total - 30ABSENT

Fields MichotGautreaux N Mount Total - 4

The Chair declared the amendments proposed by the Housewere not rejected.

ROLL CALLThe roll was called on the original motion to concur in the

amendments proposed by the House with the following result:

YEAS

Adley Ellington McPhersonAmedee Fontenot MountBajoie Gautreaux B MurrayBarham Heitmeier NeversBroome Hollis QuinnCain Jackson SchedlerCassidy Jones ShepherdChaisson Kostelka SmithCheek Lentini TheunissenDuplessis Malone UlloDupre Marionneaux Total - 32

NAYS

Mr President Gautreaux NCravins Romero Total - 4

ABSENT

Boasso Fields Michot Total - 3

The Chair declared the amendments proposed by the Housewere concurred in. Senator Lentini moved to reconsider the vote bywhich the amendments were concurred in and laid the motion on thetable.

SENATE BILL NO. 230—BY SENATORS HINES, BARHAM, BROOME, CAIN, CHAISSON,CRAVINS, DUPRE, ELLINGTON, B. GAUTREAUX, HOLLIS, JACKSON,JONES, MURRAY, NEVERS, SCHEDLER, SMITH AND ULLO

AN ACTTo enact R.S. 40:1300.143(5) and (6) and 1300.147, relative to the

Rural Hospital Preservation Act; to authorize and provide forcertain activities involving licensed health care providers andpublic rural hospitals; and to provide for related matters.



Amendments proposed by House Committee on Health and Welfareto Engrossed Senate Bill No. 230 by Senator Hines

AMENDMENT NO. 1On page 1, line 11, between "means " and "person " delete "a" andinsert "an individual, "


Amendments proposed by Legislative Bureau to Engrossed SenateBill No. 230 by Senator Hines

AMENDMENT NO. 1On page 2, line 5, following "or" and before "hours " change "less"to "fewer"

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


YEAS

Mr President Dupre McPhersonAdley Ellington MountAmedee Fields MurrayBajoie Fontenot NeversBarham Gautreaux B QuinnBoasso Gautreaux N RomeroBroome Heitmeier SchedlerCain Hollis ShepherdCassidy Jones SmithChaisson Kostelka TheunissenCheek Lentini UlloCravins MaloneDuplessis Marionneaux Total - 37

NAYS

Total - 0ABSENT

Jackson Michot Total - 2

The Chair declared the amendments proposed by the Housewere concurred in. Senator Hines moved to reconsider the vote bywhich the amendments were concurred in and laid the motion on thetable.

SENATE BILL NO. 291—BY SENATOR QUINN

AN ACTTo amend and reenact R.S. 14:40.2(B)(3) and (6)(a), relative to the

crime of stalking; to enhance the penalties in certaincircumstances; and to provide for related matters.



Amendments proposed by Legislative Bureau to Engrossed SenateBill No. 291 by Senator Quinn

AMENDMENT NO. 1On page 1, line 5, following "amended" and before "to read" insert"and reenacted"


Amendments proposed by Representative White to Engrossed SenateBill No. 291 by Senator Quinn

AMENDMENT NO. 1On page 2, after line 9, add the following:

"Section 2. The provisions of this Act shall not be construed tobe inconsistent with the provisions of the Act that originated as HBNo. 21 of the 2007 Regular Session and the Louisiana State LawInstitute is directed to merge these two Acts accordingly."

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


1149


YEAS


NAYS

Total - 0ABSENT

Michot Total - 1

The Chair declared the amendments proposed by the Housewere concurred in. Senator Quinn moved to reconsider the vote bywhich the amendments were concurred in and laid the motion on thetable.



as follows:

Message from the HouseRELATIVE TO CONSIDERATION

AFTER 57 TH CALENDAR DAY

June 25, 2007


I am directed to inform your honorable body that the House, bya record vote of two-thirds of its elected members, has adopted amotion to allow the Senate to consider House Bill No. 758 on ThirdReading and Final Passage after the 57th calendar day.




June 25, 2007


I am directed to inform your honorable body that the House ofRepresentatives has refused to concur in the proposed SenateAmendment(s) to House Bill No. 294 by Representative Chandler,and ask the President to appoint on the part of the Senate a committeeto confer with a like committee from the House on the disagreement.




June 25, 2007


I am directed to inform your honorable body that the House ofRepresentatives has refused to concur in the proposed SenateAmendment(s) to House Bill No. 315 by Representative LaFleur,and ask the President to appoint on the part of the Senate a committeeto confer with a like committee from the House on the disagreement.




June 25, 2007


I am directed to inform your honorable body that the House ofRepresentatives has refused to concur in the proposed SenateAmendment(s) to House Bill No. 498 by Representative Anders, andask the President to appoint on the part of the Senate a committee toconfer with a like committee from the House on the disagreement.




June 25, 2007


I am directed to inform your honorable body that the House ofRepresentatives has refused to concur in the proposed SenateAmendment(s) to House Bill No. 499 by Representative K. Carter,and ask the President to appoint on the part of the Senate a committeeto confer with a like committee from the House on the disagreement.




June 25, 2007


I am directed to inform your honorable body that the House ofRepresentatives has refused to concur in the proposed SenateAmendment(s) to House Bill No. 535 by Representative Anders, andask the President to appoint on the part of the Senate a committee toconfer with a like committee from the House on the disagreement.


1150




June 25, 2007


I am directed to inform your honorable body that the House ofRepresentatives has refused to concur in the proposed SenateAmendment(s) to House Bill No. 552 by Representative Frith, andask the President to appoint on the part of the Senate a committee toconfer with a like committee from the House on the disagreement.




June 25, 2007


I am directed to inform your honorable body that the House ofRepresentatives has refused to concur in the proposed SenateAmendment(s) to House Bill No. 632 by Representative Strain, andask the President to appoint on the part of the Senate a committee toconfer with a like committee from the House on the disagreement.




June 25, 2007


I am directed to inform your honorable body that the House ofRepresentatives has refused to concur in the proposed SenateAmendment(s) to House Bill No. 846 by Representative Bruce, andask the President to appoint on the part of the Senate a committee toconfer with a like committee from the House on the disagreement.




June 25, 2007


I am directed to inform your honorable body that the House ofRepresentatives has refused to concur in the proposed SenateAmendment(s) to House Bill No. 961 by Representative Damico,and ask the President to appoint on the part of the Senate a committeeto confer with a like committee from the House on the disagreement.




June 25, 2007


I am directed to inform your honorable body that the House ofRepresentatives has refused to concur in the proposed SenateAmendment(s) to House Bill No. 671 by Representative Salter, andask the President to appoint on the part of the Senate a committee toconfer with a like committee from the House on the disagreement.



Privilege Report of the Committee onSenate and Governmental Affairs

ENROLLMENTSSenator Jones, Chairman on behalf of the Committee on Senate

and Governmental Affairs, submitted the following report:

June 25, 2007


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

The following Senate Bills have been properly enrolled:

SENATE BILL NO. 2—BY SENATORS FONTENOT AND MARIONNEAUX ANDREPRESENTATIVES ALEXANDER, ANDERS, ARNOLD, BALDONE,BARROW, BAUDOIN, BAYLOR, BRUCE, BURRELL, K. CARTER, R.CARTER, CAZAYOUX, CURTIS, DAMICO, DANIEL, DOERGE, DOVE,DOWNS, DURAND, ERDEY, FANNIN, FARRAR, FAUCHEUX, FRITH,ELBERT GUILLORY, ELCIE GUILLORY, HARRIS, HILL, HONEY,HUTTER, JACKSON, JEFFERSON, JOHNS, KENNEY, LABRUZZO,LAFONTA, LAMBERT, MCDONALD, MORRELL, MORRIS, MORRISH,ODINET, PIERRE, PINAC, PITRE, M. POWELL, T. POWELL, QUEZAIRE,RICHMOND, RITCHIE, ROMERO, SCALISE, SCHNEIDER, SMILEY,GARY SMITH, JANE SMITH, JOHN SMITH, STRAIN, TOOMY,TOWNSEND, TUCKER, WADDELL, WALKER, WALSWORTH, WHITEAND WOOTON

A JOINT RESOLUTIONProposing to amend Article VII, Section 10(D)(3)(a) and (c) of the

Constitution of Louisiana, relative to the expenditure of statefunds; to prohibit the reduction of state salary supplements forfull-time law enforcement and fire protection officers; and tospecify an election for submission of the proposition to electorsand provide a ballot proposition.

SENATE BILL NO. 128—BY SENATORS HEITMEIER, BAJOIE, N. GAUTREAUX, MARIONNEAUXAND NEVERS

A JOINT RESOLUTIONProposing to amend Article X, Section 10(A)(1) of the Constitution

of Louisiana, relative to state and city civil service commissionrules; to authorize supplemental pay for certain sworn,commissioned, law enforcement officers and fire protectionofficers employed on a full-time basis by a police agency of thestate or its political subdivisions and a port authority from anyavailable funds; and to specify an election for submission of theproposition to electors and provide a ballot proposition.


1151

SENATE BILL NO. 5—BY SENATORS MOUNT AND N. GAUTREAUX ANDREPRESENTATIVES ALARIO, ANDERS, ANSARDI, ARNOLD,BALDONE, BARROW, BAUDOIN, BAYLOR, BOWLER, BRUCE, K.CARTER, R. CARTER, CAZAYOUX, CHANDLER, CRANE, CROWE,CURTIS, DAMICO, DEWITT, DOVE, DURAND, ERDEY, FANNIN,FARRAR, FAUCHEUX, FRITH, GRAY, GREENE, ELBERT GUILLORY,ELCIE GUILLORY, MICKEY GUILLORY, HEBERT, HILL, HONEY,HUNTER, HUTTER, JEFFERSON, JOHNS, KENNEY, KLECKLEY,LAFLEUR, LAFONTA, LAMBERT, LANCASTER, MARCHAND,MARTINY, MCDONALD, MCVEA, MONTGOMERY, MORRELL,ODINET, PIERRE, PINAC, PITRE, M. POWELL, T. POWELL, QUEZAIRE,RITCHIE, ROBIDEAUX, SALTER, SCALISE, SCHNEIDER, GARY SMITH,JANE SMITH, ST. GERMAIN, STRAIN, THOMPSON, TRAHAN, TUCKER,WADDELL, WALKER, WALSWORTH, WHITE, WILLIAMS, WINSTONAND WOOTON

AN ACTTo amend and reenact R.S. 47:293(6)(e) and to repeal R.S.

47:293(6)(f), relative to individual income tax; to remove theexpiration date for the state income tax exemption for certainmilitary personnel; and to provide for related matters.


AN ACTTo enact R.S. 25:213(F), relative to public libraries; to authorize the

governing authority of St. Tammany Parish to allow its libraryboard to expend a portion of the library maintenance tax forcertain purposes; and to provide for related matters.

SENATE BILL NO. 12—BY SENATOR THEUNISSEN

AN ACTTo amend and reenact R.S. 47:301(8)(c), relative to state sales tax

exemptions for political subdivisions; to require the issuance ofan exemption identification number upon request by a politicalsubdivision; to authorize the promulgation of rules andregulations; and to provide for related matters.

SENATE BILL NO. 37—BY SENATORS DUPRE, N. GAUTREAUX AND MURRAY ANDREPRESENTATIVES BALDONE AND SCALISE

AN ACTTo enact R.S. 47:301(10)(dd) and (18)(o) and 337.10(L), relative to

the sales and use tax of the state and political subdivisions of thestate; to exclude storm shutter devices from the state sales anduse tax; to authorize political subdivisions to provide for such anexclusion; to provide for the promulgation of rules andregulations; and to provide for related matters.

SENATE BILL NO. 49—BY SENATOR ROMERO

AN ACTTo enact R.S. 33:2495.2, relative to the civil service for the city of

New Iberia; to provide for continuance of the city's civil servicesystem under certain circumstances; to provide certainrequirements, terms, and conditions; and to provide for relatedmatters.

SENATE BILL NO. 50—BY SENATORS THEUNISSEN, HINES, ULLO, BROOME, CASSIDY,CHAISSON, MOUNT, QUINN, ADLEY, AMEDEE, BAJOIE, BARHAM,BOASSO, CAIN, CHEEK, CRAVINS, DUPLESSIS, DUPRE, ELLINGTON,FIELDS, FONTENOT, B. GAUTREAUX, N. GAUTREAUX, HEITMEIER,HOLLIS, JACKSON, JONES, KOSTELKA, LENTINI, MALONE,MARIONNEAUX, MCPHERSON, MICHOT, MURRAY, NEVERS,ROMERO, SCHEDLER, SHEPHERD AND SMITH ANDREPRESENTATIVES ALEXANDER, ANDERS, ARNOLD, BADON,BALDONE, BAUDOIN, BAYLOR, BOWLER, BRUCE, BURRELL,CHANDLER, CRANE, CROWE, CURTIS, DAMICO, DANIEL, DOERGE,DOVE, DOWNS, DURAND, ERDEY, FANNIN, FAUCHEUX, FRITH, ELCIEGUILLORY, HEBERT, HUTTER, JOHNS, KATZ, KENNEY, LAFLEUR,LAMBERT, LANCASTER, MONTGOMERY, MORRISH, ODINET, PIERRE,PINAC, PITRE, M. POWELL, T. POWELL, RITCHIE, SALTER, SCALISE,GARY SMITH, JACK SMITH, JANE SMITH, ST. GERMAIN, STRAIN,THOMPSON, TOWNSEND, TRAHAN, TUCKER, WADDELL, WALKER,WINSTON AND WOOTON

AN ACTTo enact Section 3.1 of Act No. 29 of the 1955 Regular Session of

the Legislature, as amended by Act No. 117 of the 1998 FirstExtraordinary Session of the Legislature and by Act No. 45 ofthe 2000 First Extraordinary Session of the Legislature, relativeto the educational and recreational center located in Bunkie,

Louisiana; to provide that the center shall be named the Cecil J.Picard Educational and Recreational Center; and to provide forrelated matters.

SENATE BILL NO. 55—BY SENATORS HINES AND CHEEK AND REPRESENTATIVES ARNOLD,BADON, BALDONE, CURTIS, FARRAR, FAUCHEUX, HILL, HONEY,KENNEY, MONTGOMERY, ODINET, RITCHIE, SCALISE, JANE SMITHAND THOMPSON

AN ACTTo amend and reenact R.S. 47:305(D)(1)(k), relative to the state sales

and use tax; to exempt eyeglasses and contact lenses from statesales and use tax; and to provide for related matters.

SENATE BILL NO. 74—BY SENATOR DUPRE AND REPRESENTATIVE BALDONE

AN ACTTo enact R.S. 40:2116(D)(4), relative to nursing facilities in

Lafourche Parish; to except the relocation of nursing facilitiesin the parish from the moratorium on any additional nursingfacilities or additional beds in nursing facilities under certaincircumstances; to provide for an effective date; and to providefor related matters.

SENATE BILL NO. 102—BY SENATOR JACKSON

AN ACTTo amend and reenact R.S. 36:474(A)(10) and 477(B)(1), relative to

functions of the state relating to licensing of child careinstitutions; to provide for the licensing of day care centers; toprovide for the functions of the office of family support; and toprovide for related matters.

SENATE BILL NO. 108—BY SENATOR CHEEK AND REPRESENTATIVES BRUCE, BURNS,MONTGOMERY, SCHNEIDER, WINSTON, ARNOLD, BADON,BALDONE, BURRELL, CURTIS, FARRAR, FAUCHEUX, HILL, HONEY,KENNEY, RITCHIE, JANE SMITH AND TOWNSEND

AN ACTTo amend and reenact R.S. 47:1003(5)(introductory paragraph) and

(11)(b) and to enact R.S. 47:1003(5)(e), relative to the publicutilities tax; to exempt household goods carriers from the tax;and to provide for related matters.


AN ACTTo amend and reenact R.S. 30:101.11 and R.S. 56:700.2(A)(4),

relative to the Underwater Obstruction Removal Fund; tochange the termination date of the Underwater ObstructionRemoval Fund; to change the termination date of certainfunding of the Underwater Obstruction Removal Fund; and toprovide for related matters.


AN ACTTo enact R.S. 40:1505.2, relative to the Springhill Fire Protection

District No. 11 in Webster Parish; to provide for an increase infire service charge fee, subject to a vote of the electors withinthe district; to provide for an effective date; and to provide forrelated matters.


AN ACTTo enact R.S. 32:1261(1)(w), relative to the distribution and sale of

motor vehicles; to prohibit coercion of retail motor vehicledealers by certain motor vehicle manufacturers or distributorsregarding the sale of certain items; to provide for certain actionsby manufacturers or distributors which will be consideredcoercive; to provide for exceptions; and to provide for relatedmatters.


1152

SENATE BILL NO. 199—BY SENATOR MOUNT

AN ACTTo amend and reenact the introductory paragraph of R.S. 27:93(A)(6)

and to enact R.S. 27:93(A)(10), relative to riverboats; toauthorize the governing authority of Calcasieu Parish to levy anadditional admission fee for each passenger boarding orembarking upon a riverboat; to provide for the allocation of suchfee; and to provide for related matters.

SENATE BILL NO. 238—BY SENATORS MCPHERSON AND HINES AND REPRESENTATIVESSALTER, TOWNSEND, DORSEY, DURAND, LAFLEUR, CAZAYOUX, ST.GERMAIN, ELCIE GUILLORY, HILL, PINAC AND GRAY

AN ACTTo enact Subpart N of Part II-A of Chapter 1 of Subtitle I of Title 39

of the Louisiana Revised Statutes of 1950, to be comprised ofR.S. 39:100.51, relative to state funds; to establish the HealthCare Redesign Fund as a special treasury fund; to provide forthe deposit, use, and investment of monies in the fund; toprovide for an effective date; and to provide for related matters.

SENATE BILL NO. 278—BY SENATOR N. GAUTREAUX

AN ACTTo amend and reenact R.S. 47:302.23, relative to the disposition of

certain sales tax collections on the sales of certain services inVermilion Parish; to provide for the allocation and use ofmonies in the Vermilion Parish Visitor Enterprise Fund; toprovide for an effective date; and to provide for related matters.

SENATE BILL NO. 308—BY SENATORS SCHEDLER, HOLLIS, BAJOIE, BARHAM, BROOME,CAIN, CASSIDY, CHEEK, CRAVINS, N. GAUTREAUX, JACKSON,KOSTELKA, LENTINI, MICHOT, MOUNT, MURRAY, NEVERS, QUINN,SHEPHERD, SMITH AND ULLO

AN ACTTo enact Part XVII of Chapter 7 of Title 15 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 15:1193, relative to aproject return post-release skills program for former offenders;to authorize the Department of Labor to contract with serviceproviders or community service organizations for theestablishment of the program; to provide for program goals,purposes, and services; to require the promulgation of rules andregulations; and to provide for related matters.

SENATE BILL NO. 321—BY SENATOR HEITMEIER

AN ACTTo authorize and provide for the transfer of certain state property in

Plaquemines Parish; to provide for the property description; toprovide for reservation of mineral rights; to provide terms andconditions; and to provide for related matters.


AN ACTTo amend and reenact R.S. 47:6018, relative to tax credits; to grant

a refundable credit against income and corporate franchise taxfor the purchase of certain items from certain contractorsemploying inmate labor; and to provide for related matters.

SENATE BILL NO. 187—BY SENATORS ULLO AND BROOME AND REPRESENTATIVE GALLOT

AN ACTTo amend and reenact Children's Code Arts. 791.1, the introductory

paragraph of 791.2, 791.4(A) and 791.5(A), relative to truancyand assessment and service centers; to clarify the role ofFamilies in Need of Services in relation to truancy andassessment and service centers; to remove certain serviceorganizations from required participation; to provide relative tothe termination of the program and reporting requirements; andto provide for related matters.

SENATE BILL NO. 272—BY SENATORS ROMERO AND N. GAUTREAUX

AN ACTTo amend and reenact R.S. 47:301(14)(g)(i) and to enact R.S.

47:301(14)(g)(iii) and 337.10(L), relative to sales tax of the stateand its political subdivisions; to provide for an exclusion fromsuch taxes for certain drilling rigs and their component parts andfor certain repairs to property delivered to another state; toauthorize certain political subdivisions of the state to enact thesame sales tax holidays legislation as may be provided by statelaw; and to provide for related matters.

SENATE BILL NO. 299—BY SENATORS BROOME AND JACKSON AND REPRESENTATIVESALARIO, ALEXANDER, ARNOLD, BADON, BALDONE, BARROW,BAUDOIN, BAYLOR, BURRELL, K. CARTER, R. CARTER, CHANDLER,CROWE, DANIEL, DARTEZ, DEWITT, DORSEY, DOWNS, DURAND,ERDEY, FANNIN, FAUCHEUX, FRITH, GRAY, ELBERT GUILLORY,ELCIE GUILLORY, HARRIS, HONEY, HUNTER, HUTTER, JACKSON,JEFFERSON, KATZ, KENNEY, LABRUZZO, LAFONTA, LANCASTER,MARCHAND, MCDONALD, MORRELL, ODINET, PIERRE, PITRE, M.POWELL, T. POWELL, QUEZAIRE, RICHMOND, RITCHIE, ROMERO,GARY SMITH, JACK SMITH, JOHN SMITH, ST. GERMAIN, THOMPSON,TOWNSEND, TRAHAN, WALKER, WILLIAMS, WINSTON ANDWOOTON

AN ACTTo enact R.S. 17:7(26), relative to the duties, functions, and

responsibilities of the State Board of Elementary and SecondaryEducation; to require the State Board of Elementary andSecondary Education to develop, adopt, and provide for theimplementation of a visual arts curriculum and a performing artscurriculum in public schools; to provide implementationtimelines and requirements; to provide for the development ofcertain curriculum guides; to provide relative to professionaldevelopment and training; to require certain instruction in visualarts and performing arts; to provide for the adoption of rules andregulations; to provide relative to funding; and to provide forrelated matters.

SENATE BILL NO. 310—BY SENATORS DUPLESSIS AND MURRAY AND REPRESENTATIVESK. CARTER AND LORUSSO


336(A) and to enact R.S. 38:281(10), relative to the OrleansLevee District; to clarify and provide for the ownership andmanagement of certain property of the district; to provide for aneffective date; and to provide for related matters.


AN ACTTo enact R.S. 39:562(N), relative to the general obligation bonds

limit of indebtedness; to provide for the limit of indebtedness ofparishes and any parish wide hurricane flood protection anddrainage district for certain purposes; to provide certain termsand conditions; and to provide for related matters.


AN ACTTo amend and reenact Section 2.1(G)(1) and to enact Section 2.1(P)

of Act No. 180 of the 1984 Regular Session of the Legislature,as amended by Act No. 562 of the 2003 Regular Session of theLegislature, Act No. 1214 of the 2003 Regular Session of theLegislature, and Act No. 682 of the 2004 Regular Session of theLegislature, relative to St. Tammany Parish Hospital ServiceDistrict No. 2; to provide for term limits; to provide relative tocertain members of the board of commissioners; and to providefor related matters.

SENATE BILL NO. 362— (Substitute of Senate Bill No. 311 bySenator Cassidy)

BY SENATORS CASSIDY, BOASSO, BROOME, CHEEK, CRAVINS,DUPLESSIS, ELLINGTON, FONTENOT, HINES, MICHOT, MOUNT,QUINN, ROMERO, SHEPHERD, BARHAM, CHAISSON, DUPRE, FIELDS,B. GAUTREAUX, N. GAUTREAUX, HOLLIS, JACKSON, KOSTELKA,LENTINI, MALONE, MCPHERSON, MURRAY, NEVERS, SMITH,THEUNISSEN AND ULLO AND REPRESENTATIVES ALEXANDER,


1153

BADON, CHANDLER, CROWE, DOWNS, FANNIN, KENNEY, T.POWELL, TRAHAN AND WALKER

AN ACTTo enact R.S. 17:17.4, relative to health and physical education; to

provide for a health and physical education coordinator in theDepartment of Education; to provide relative to qualificationsand duties; to provide for monitoring and reportingrequirements; to provide relative to implementation; to providefor an effective date; and to provide for related matters.

Respectfully submitted,CHARLES D. JONES

Chairman

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

Message to the Governor

SIGNED SENATE BILLSJune 25, 2007

To the Honorable Governor of the State of Louisiana:

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

SENATE BILL NO. 5—BY SENATORS MOUNT AND N. GAUTREAUX ANDREPRESENTATIVES ALARIO, ANDERS, ANSARDI, ARNOLD,BALDONE, BARROW, BAUDOIN, BAYLOR, BOWLER, BRUCE, K.CARTER, R. CARTER, CAZAYOUX, CHANDLER, CRANE, CROWE,CURTIS, DAMICO, DEWITT, DOVE, DURAND, ERDEY, FANNIN,FARRAR, FAUCHEUX, FRITH, GRAY, GREENE, ELBERT GUILLORY,ELCIE GUILLORY, MICKEY GUILLORY, HEBERT, HILL, HONEY,HUNTER, HUTTER, JEFFERSON, JOHNS, KENNEY, KLECKLEY,LAFLEUR, LAFONTA, LAMBERT, LANCASTER, MARCHAND,MARTINY, MCDONALD, MCVEA, MONTGOMERY, MORRELL,ODINET, PIERRE, PINAC, PITRE, M. POWELL, T. POWELL, QUEZAIRE,RITCHIE, ROBIDEAUX, SALTER, SCALISE, SCHNEIDER, GARY SMITH,JANE SMITH, ST. GERMAIN, STRAIN, THOMPSON, TRAHAN, TUCKER,WADDELL, WALKER, WALSWORTH, WHITE, WILLIAMS, WINSTONAND WOOTON

AN ACTTo amend and reenact R.S. 47:293(6)(e) and to repeal R.S.

47:293(6)(f), relative to individual income tax; to remove theexpiration date for the state income tax exemption for certainmilitary personnel; and to provide for related matters.


AN ACTTo enact R.S. 25:213(F), relative to public libraries; to authorize the

governing authority of St. Tammany Parish to allow its libraryboard to expend a portion of the library maintenance tax forcertain purposes; and to provide for related matters.

SENATE BILL NO. 12—BY SENATOR THEUNISSEN

AN ACTTo amend and reenact R.S. 47:301(8)(c), relative to state sales tax

exemptions for political subdivisions; to require the issuance ofan exemption identification number upon request by a politicalsubdivision; to authorize the promulgation of rules andregulations; and to provide for related matters.

SENATE BILL NO. 37—BY SENATORS DUPRE, N. GAUTREAUX AND MURRAY ANDREPRESENTATIVES BALDONE AND SCALISE

AN ACTTo enact R.S. 47:301(10)(dd) and (18)(o) and 337.10(L), relative to

the sales and use tax of the state and political subdivisions of thestate; to exclude storm shutter devices from the state sales anduse tax; to authorize political subdivisions to provide for such anexclusion; to provide for the promulgation of rules andregulations; and to provide for related matters.


AN ACTTo enact R.S. 33:2495.2, relative to the civil service for the city of

New Iberia; to provide for continuance of the city's civil servicesystem under certain circumstances; to provide certainrequirements, terms, and conditions; and to provide for relatedmatters.

SENATE BILL NO. 50—BY SENATORS THEUNISSEN, HINES, ULLO, BROOME, CASSIDY,CHAISSON, MOUNT, QUINN, ADLEY, AMEDEE, BAJOIE, BARHAM,BOASSO, CAIN, CHEEK, CRAVINS, DUPLESSIS, DUPRE, ELLINGTON,FIELDS, FONTENOT, B. GAUTREAUX, N. GAUTREAUX, HEITMEIER,HOLLIS, JACKSON, JONES, KOSTELKA, LENTINI, MALONE,MARIONNEAUX, MCPHERSON, MICHOT, MURRAY, NEVERS,ROMERO, SCHEDLER, SHEPHERD AND SMITH ANDREPRESENTATIVES ALEXANDER, ANDERS, ARNOLD, BADON,BALDONE, BAUDOIN, BAYLOR, BOWLER, BRUCE, BURRELL,CHANDLER, CRANE, CROWE, CURTIS, DAMICO, DANIEL, DOERGE,DOVE, DOWNS, DURAND, ERDEY, FANNIN, FAUCHEUX, FRITH, ELCIEGUILLORY, HEBERT, HUTTER, JOHNS, KATZ, KENNEY, LAFLEUR,LAMBERT, LANCASTER, MONTGOMERY, MORRISH, ODINET, PIERRE,PINAC, PITRE, M. POWELL, T. POWELL, RITCHIE, SALTER, SCALISE,GARY SMITH, JACK SMITH, JANE SMITH, ST. GERMAIN, STRAIN,THOMPSON, TOWNSEND, TRAHAN, TUCKER, WADDELL, WALKER,WINSTON AND WOOTON

AN ACTTo enact Section 3.1 of Act No. 29 of the 1955 Regular Session of

the Legislature, as amended by Act No. 117 of the 1998 FirstExtraordinary Session of the Legislature and by Act No. 45 ofthe 2000 First Extraordinary Session of the Legislature, relativeto the educational and recreational center located in Bunkie,Louisiana; to provide that the center shall be named the Cecil J.Picard Educational and Recreational Center; and to provide forrelated matters.

SENATE BILL NO. 55—BY SENATORS HINES AND CHEEK AND REPRESENTATIVES ARNOLD,BADON, BALDONE, CURTIS, FARRAR, FAUCHEUX, HILL, HONEY,KENNEY, MONTGOMERY, ODINET, RITCHIE, SCALISE, JANE SMITHAND THOMPSON

AN ACTTo amend and reenact R.S. 47:305(D)(1)(k), relative to the state sales

and use tax; to exempt eyeglasses and contact lenses from statesales and use tax; and to provide for related matters.

SENATE BILL NO. 74—BY SENATOR DUPRE AND REPRESENTATIVE BALDONE

AN ACTTo enact R.S. 40:2116(D)(4), relative to nursing facilities in

Lafourche Parish; to except the relocation of nursing facilitiesin the parish from the moratorium on any additional nursingfacilities or additional beds in nursing facilities under certaincircumstances; to provide for an effective date; and to providefor related matters.

SENATE BILL NO. 102—BY SENATOR JACKSON

AN ACTTo amend and reenact R.S. 36:474(A)(10) and 477(B)(1), relative to

functions of the state relating to licensing of child careinstitutions; to provide for the licensing of day care centers; toprovide for the functions of the office of family support; and toprovide for related matters.

SENATE BILL NO. 108—BY SENATOR CHEEK AND REPRESENTATIVES BRUCE, BURNS,MONTGOMERY, SCHNEIDER, WINSTON, ARNOLD, BADON,BALDONE, BURRELL, CURTIS, FARRAR, FAUCHEUX, HILL, HONEY,KENNEY, RITCHIE, JANE SMITH AND TOWNSEND

AN ACTTo amend and reenact R.S. 47:1003(5)(introductory paragraph) and

(11)(b) and to enact R.S. 47:1003(5)(e), relative to the publicutilities tax; to exempt household goods carriers from the tax;and to provide for related matters.


1154


AN ACTTo amend and reenact R.S. 30:101.11 and R.S. 56:700.2(A)(4),

relative to the Underwater Obstruction Removal Fund; tochange the termination date of the Underwater ObstructionRemoval Fund; to change the termination date of certainfunding of the Underwater Obstruction Removal Fund; and toprovide for related matters.


AN ACTTo enact R.S. 40:1505.2, relative to the Springhill Fire Protection

District No. 11 in Webster Parish; to provide for an increase infire service charge fee, subject to a vote of the electors withinthe district; to provide for an effective date; and to provide forrelated matters.


AN ACTTo enact R.S. 32:1261(1)(w), relative to the distribution and sale of

motor vehicles; to prohibit coercion of retail motor vehicledealers by certain motor vehicle manufacturers or distributorsregarding the sale of certain items; to provide for certain actionsby manufacturers or distributors which will be consideredcoercive; to provide for exceptions; and to provide for relatedmatters.

SENATE BILL NO. 199—BY SENATOR MOUNT

AN ACTTo amend and reenact the introductory paragraph of R.S. 27:93(A)(6)

and to enact R.S. 27:93(A)(10), relative to riverboats; toauthorize the governing authority of Calcasieu Parish to levy anadditional admission fee for each passenger boarding orembarking upon a riverboat; to provide for the allocation of suchfee; and to provide for related matters.

SENATE BILL NO. 238—BY SENATORS MCPHERSON AND HINES AND REPRESENTATIVESSALTER, TOWNSEND, DORSEY, DURAND, LAFLEUR, CAZAYOUX, ST.GERMAIN, ELCIE GUILLORY, HILL, PINAC AND GRAY

AN ACTTo enact Subpart N of Part II-A of Chapter 1 of Subtitle I of Title 39

of the Louisiana Revised Statutes of 1950, to be comprised ofR.S. 39:100.51, relative to state funds; to establish the HealthCare Redesign Fund as a special treasury fund; to provide forthe deposit, use, and investment of monies in the fund; toprovide for an effective date; and to provide for related matters.

SENATE BILL NO. 278—BY SENATOR N. GAUTREAUX

AN ACTTo amend and reenact R.S. 47:302.23, relative to the disposition of

certain sales tax collections on the sales of certain services inVermilion Parish; to provide for the allocation and use ofmonies in the Vermilion Parish Visitor Enterprise Fund; toprovide for an effective date; and to provide for related matters.

SENATE BILL NO. 308—BY SENATORS SCHEDLER, HOLLIS, BAJOIE, BARHAM, BROOME,CAIN, CASSIDY, CHEEK, CRAVINS, N. GAUTREAUX, JACKSON,KOSTELKA, LENTINI, MICHOT, MOUNT, MURRAY, NEVERS, QUINN,SHEPHERD, SMITH AND ULLO

AN ACTTo enact Part XVII of Chapter 7 of Title 15 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 15:1193, relative to aproject return post-release skills program for former offenders;to authorize the Department of Labor to contract with serviceproviders or community service organizations for theestablishment of the program; to provide for program goals,purposes, and services; to require the promulgation of rules andregulations; and to provide for related matters.

SENATE BILL NO. 321—BY SENATOR HEITMEIER

AN ACTTo authorize and provide for the transfer of certain state property in

Plaquemines Parish; to provide for the property description; toprovide for reservation of mineral rights; to provide terms andconditions; and to provide for related matters.


AN ACTTo amend and reenact Section 2.1(G)(1) and to enact Section 2.1(P)

of Act No. 180 of the 1984 Regular Session of the Legislature,as amended by Act No. 562 of the 2003 Regular Session of theLegislature, Act No. 1214 of the 2003 Regular Session of theLegislature, and Act No. 682 of the 2004 Regular Session of theLegislature, relative to St. Tammany Parish Hospital ServiceDistrict No. 2; to provide for term limits; to provide relative tocertain members of the board of commissioners; and to providefor related matters.

SENATE BILL NO. 362— (Substitute of Senate Bill No. 311 bySenator Cassidy)

BY SENATORS CASSIDY, BOASSO, BROOME, CHEEK, CRAVINS,DUPLESSIS, ELLINGTON, FONTENOT, HINES, MICHOT, MOUNT,QUINN, ROMERO, SHEPHERD, BARHAM, CHAISSON, DUPRE, FIELDS,B. GAUTREAUX, N. GAUTREAUX, HOLLIS, JACKSON, KOSTELKA,LENTINI, MALONE, MCPHERSON, MURRAY, NEVERS, SMITH,THEUNISSEN AND ULLO AND REPRESENTATIVES ALEXANDER,BADON, CHANDLER, CROWE, DOWNS, FANNIN, KENNEY, T.POWELL, TRAHAN AND WALKER

AN ACTTo enact R.S. 17:17.4, relative to health and physical education; to

provide for a health and physical education coordinator in theDepartment of Education; to provide relative to qualificationsand duties; to provide for monitoring and reportingrequirements; to provide relative to implementation; to providefor an effective date; and to provide for related matters.


AN ACTTo amend and reenact R.S. 47:6018, relative to tax credits; to grant

a refundable credit against income and corporate franchise taxfor the purchase of certain items from certain contractorsemploying inmate labor; and to provide for related matters.

SENATE BILL NO. 187—BY SENATORS ULLO AND BROOME AND REPRESENTATIVE GALLOT

AN ACTTo amend and reenact Children's Code Arts. 791.1, the introductory

paragraph of 791.2, 791.4(A) and 791.5(A), relative to truancyand assessment and service centers; to clarify the role ofFamilies in Need of Services in relation to truancy andassessment and service centers; to remove certain serviceorganizations from required participation; to provide relative tothe termination of the program and reporting requirements; andto provide for related matters.

SENATE BILL NO. 272—BY SENATORS ROMERO AND N. GAUTREAUX

AN ACTTo amend and reenact R.S. 47:301(14)(g)(i) and to enact R.S.

47:301(14)(g)(iii) and 337.10(L), relative to sales tax of the stateand its political subdivisions; to provide for an exclusion fromsuch taxes for certain drilling rigs and their component parts andfor certain repairs to property delivered to another state; toauthorize certain political subdivisions of the state to enact thesame sales tax holidays legislation as may be provided by statelaw; and to provide for related matters.

SENATE BILL NO. 299—BY SENATORS BROOME AND JACKSON AND REPRESENTATIVESALARIO, ALEXANDER, ARNOLD, BADON, BALDONE, BARROW,BAUDOIN, BAYLOR, BURRELL, K. CARTER, R. CARTER, CHANDLER,CROWE, DANIEL, DARTEZ, DEWITT, DORSEY, DOWNS, DURAND,ERDEY, FANNIN, FAUCHEUX, FRITH, GRAY, ELBERT GUILLORY,ELCIE GUILLORY, HARRIS, HONEY, HUNTER, HUTTER, JACKSON,JEFFERSON, KATZ, KENNEY, LABRUZZO, LAFONTA, LANCASTER,MARCHAND, MCDONALD, MORRELL, ODINET, PIERRE, PITRE, M.


1155

POWELL, T. POWELL, QUEZAIRE, RICHMOND, RITCHIE, ROMERO,GARY SMITH, JACK SMITH, JOHN SMITH, ST. GERMAIN, THOMPSON,TOWNSEND, TRAHAN, WALKER, WILLIAMS, WINSTON ANDWOOTON

AN ACTTo enact R.S. 17:7(26), relative to the duties, functions, and

responsibilities of the State Board of Elementary and SecondaryEducation; to require the State Board of Elementary andSecondary Education to develop, adopt, and provide for theimplementation of a visual arts curriculum and a performing artscurriculum in public schools; to provide implementationtimelines and requirements; to provide for the development ofcertain curriculum guides; to provide relative to professionaldevelopment and training; to require certain instruction in visualarts and performing arts; to provide for the adoption of rules andregulations; to provide relative to funding; and to provide forrelated matters.

SENATE BILL NO. 310—BY SENATORS DUPLESSIS AND MURRAY AND REPRESENTATIVESK. CARTER AND LORUSSO


336(A) and to enact R.S. 38:281(10), relative to the OrleansLevee District; to clarify and provide for the ownership andmanagement of certain property of the district; to provide for aneffective date; and to provide for related matters.


AN ACTTo enact R.S. 39:562(N), relative to the general obligation bonds

limit of indebtedness; to provide for the limit of indebtedness ofparishes and any parish wide hurricane flood protection anddrainage district for certain purposes; to provide certain termsand conditions; and to provide for related matters.

and they are hereby presented for executive approval.

Respectfully submitted,GLENN A. KOEPP

Secretary of the Senate

Leaves of AbsenceThe following leaves of absence were asked for and granted:

Michot 1 Day

AdjournmentSenator Bajoie moved that the Senate adjourn until Tuesday,

June 26, 2007, at 10:00 o'clock A.M.

The President of the Senate declared the Senate adjourned until10:00 o'clock A.M. on Tuesday, June 26, 2007.

GLENN A. KOEPPSecretary of the Senate

LYNDA E. WHEELERJournal Clerk

1156

Documents

senate.legis.state.la.ussenate.legis.state.la.us/.../2007/RS/Journals/06-25-2007.pdf2007/06/25 · 1071 OFFICIAL JOURNAL OF THE SENATE OF THE STATE OF LOUISIANA _______ THIRTY-THIRD