OFFICIAL JOURNAL OF THE SENATE OF THE

Transcription

1 OFFICIAL JOURNAL OF THE SENATE OF THE STATE OF LOUISIANA FIRST DAY'S PROCEEDINGS Twenty-Sixth Extraordinary Session of the Legislature Under the Adoption of the Constitution of 1974 Senate Chamber State Capitol Baton Rouge, Louisiana Monday, March 23, 1998 The Senate was called to order at 3:00 o'clock P.M., by Hon. Randy Ewing, President of the Senate. ROLL CALL The roll being called, the following members answered to their names: PRESENT Mr. President Bagneris Ellington Fields C Lentini Malone Bajoie Barham Fields W Greene Robichaux Romero Bean Branch Hainkel Heitmeier Schedler Short Cain Campbell Hines Hollis Siracusa Smith Cox Cravins Irons Johnson Tarver Theunissen Dardenne Dean Jones Lambert Ullo Dyess Total 37 Landry ABSENT Casanova Total 2 Jordan The President of the Senate announced there were 37 Senators present and a quorum. Prayer The prayer was offered by Dr. Rodney Wood, following which the Senate joined in pledging allegiance to the flag of the United States of America. Morning Hour Petitions, Memorials and Communications The following petitions, memorials and communications were received and read: Secretary of State State of Louisiana W. FOX McKEITHEN P. O. BOX Secretary of State B. R., LA March 18, 1998 To the Honorable President of the Senate and Members of the Louisiana State Senate Ladies and Gentlemen: I have the honor to hand you certified copy of the Proclamation by his Excellency, M. J. "Mike" Foster, Jr., Governor of the State of Louisiana, dated March 17, 1998, designating certain objects to be considered at the Extraordinary Session of the Legislature of Louisiana, to be convened at 3:00 p.m. on the 23rd day of March, 1998, and to adjourn, sine die, not later than 5:00 p.m. on the 17th day of April, Enclosures United States of America State of Louisiana Fox McKeithen Secretary of State Sincerely, W. FOX McKEITHEN As Secretary of State, of the State of Louisiana, I do hereby Certify that the attached pages contain a true and correct copy of the Proclamation by His Excellency, M. J. "Mike" Foster, Jr., Governor of the State of Louisiana, dated March 17, 1998, designating certain objects to be considered at the Extraordinary Session of the Legislature of Louisiana, to be convened at 3:00 p.m. on the 23rd day of March, 1998, and to adjourn, sine die, not later than 5:00 p.m. on the 17th day of April, In testimony whereof, I have hereunto set my hand and caused the Seal of my Office to be affixed at the City of Baton Rouge on, this, the 18th day of March, 1998 FOX McKEITHEN Secretary of State STATE OF LOUISIANA EXECUTIVE DEPARTMENT BATON ROUGE, LOUISIANA P R O C L A M A T I O N No. 8MJF98 By virtue of the authority vested in me by Paragraph B of Section 2 of Article III of the Constitution of Louisiana, I, M. J. Mike Foster, Jr., Governor of the State of Louisiana, HEREBY CALL AND CONVENE THE LEGISLATURE OF LOUISIANA INTO EXTRAORDINARY SESSION to convene at the State Capitol, in the City of Baton Rouge, Louisiana, during 26 calendar days, beginning at 3:00 o'clock p.m. on the 23rd day of March, 1998, and ending no later than 5:00 o'clock p.m. on the 17th day of April, The power to legislate at such session shall be limited, under penalty of nullity, to the following specified enumerated objects: Item No. 1: Item No. 2: To amend the Constitution of Louisiana relative to the creation of a new system and board for the management of community colleges, technical colleges, vocationaltechnical schools, and related postsecondary programs; to provide relative to the powers, board service, authority, and responsibilities of the proposed new board, the Board of Elementary and Secondary Education, the Board of Regents, and all higher education management boards as they relate to the establishment of the new system; to provide relative to funds and funding issues related to the establishment of the new system, and otherwise to provide with respect To legislate relative to the establishment of a new system and board for the management of community colleges, technical colleges, vocational-technical schools, and related postsecondary programs; to provide relative to the powers, board service, authority, and

2 Page 2 SENATE 1st DAY'S PROCEEDINGS responsibilities of the proposed new board, the Board of Elementary and Secondary Education, the Board of Item No. 16: To provide for the reorganization and transfer of weight police in the Department of Transportation and Regents, and all higher education management boards as they relate to the establishment of the new system; to Development to the Department of Public Safety and Corrections, and otherwise to provide with respect provide relative to funds and funding issues related to the establishment of the new system, and otherwise to Item No. 17: To provide for reorganization in the Department of Transportation and Development by transferring the Item No. 3: To repeal Act 1497 of the 1997 Regular Session of the Louisiana Legislature relative to community colleges. gasoline fuel inspector personnel of the department s materials laboratory to the Department of Agriculture and Forestry and otherwise to provide with respect Item No. 4: To amend the Constitution of Louisiana relative to at- large and congressional district appointments to the Board of Regents and the management boards of higher Item No. 18: To repeal Chapter 35 of Title 51 of the Louisiana education. Revised Statutes of 1950 relative to the Red River Valley Area Council. Item No. 5: To authorize certain bank board service by members of boards of higher education and otherwise to provide Item No. 19: To legislate relative to multiyear contracts for with respect professional, personal, consulting and social services; to provide that certain contracts for educational testing Item No. 6: To amend the Louisiana Revised Statutes of 1950, relative to the termination, reorganization, and reservices may be entered into for a period of up to twelve years; to provide that modifications may be made to creation of the Department of Transportation and Development and otherwise to provide with respect such contracts; and to provide for Item No. 20: To legislate relative to a program for setting up a character education clearinghouse to focus on character Item No. 7: To repeal certain legislation that prohibited structured training programs in the Department of Transportation education, information programs, and funding opportunities and otherwise to provide with respect and Development and otherwise to provide with respect Item No. 8: To legislate relative to the Secretary s Emergency Fund Item No. 21: To amend R.S. 17:1941 and related statutes to comply with the federal 1997 Special Education Amendments in the office of the Department of Transportation and Development and otherwise to provide with respect and Item No. 22: To legislate relative to the authority, role, and responsibility of school boards, superintendents, Item No. 9: To legislate relative to design/build programs in the Department of Transportation and Development and principals, and teachers in the hiring and placement of certificated personnel and otherwise to provide with respect Item No. 10: To legislate relative to contracts issued by the Department of Transportation and Development Item No. 23: To legislate relative to the grades at which normreferenced testing is required and otherwise to provide including receipt of bids, delays, plan modification, transmission, bid guarantees, bid bonds, approval and with respect certification of contracts, and otherwise to provide with respect Item No. 24: To legislate relative to pre-school programs, to provide relative to funds and funding and otherwise to provide with respect Item No. 11: To legislate relative to the operation of joint enforcement scales at ports of entry and exit with other states, and Item No. 25: To provide relative to alternative schools or programs including the establishment of funds and funding and Item No. 12: To amend R.S. 48:275 relative to placing certain property on the National Register of Historic Places, and Item No. 26: To legislate relative to the Teacher Supplies Fund and Item No. 13: To amend R.S. 48:251 relative to the constructions of or Item No. 27: To legislate relative to the employment of retired improvements to highways by the Department of Transportation and Development and otherwise to teachers who meet specified years of employment and wait time requirements and otherwise to provide with respect Item No. 14: To legislate relative to employment of consultants by the Department of Transportation and Development and to Item No. 28: To legislate relative to the Tuition Opportunity Program for Students (TOPS) and otherwise to provide with provide for contracts with such consultants and respect Item No. 15: To amend the Louisiana Revised Statutes of 1950 Item No. 29: To legislate relative to increasing the minimum per day or per year amount for instructional time required for relative to the extension of tolls on the Crescent City Connection and the Sunshine Bridge, and otherwise to Louisiana students in public elementary and secondary schools, and to legislate relative to the statutorily required teacher staff development days and otherwise to

3 1st DAY'S PROCEEDINGS Page 3 SENATE Item No. 30: To increase the age to play the lottery and video poker from 18 years of age to 21 years of age and to provide duties of the board; to provide for the establishment of a special fund, and to provide for for sanctions relative to underage participation. Item No. 44: To amend certain sections of Acts 1487, 1488, 1490, Item No. 31: To legislate relative to the imposition of civil fines and assessments by the Louisiana Gaming Control Board 1491, 1493 and 1498 of the 1997 Regular Session of the Louisiana Legislature, to provide for the date each and to provide specifically proposed constitutional amendment shall appear on the ballot for consideration by the electors of the state, and Item No. 32: To legislate relative to littering and litter abatement, to provide for civil and criminal enforcement, to provide to provide for for recycling of certain items and products and to provide relative Item No. 45: To amend and reenact R.S. 18:481, 511, 512, and 551, to provide that if a candidate running for federal office receives a majority of the votes cast in a primary election Item No. 33: To legislate relative to prohibiting certain persons under or is unopposed, the candidate s name shall appear on the age of twenty-one years being present in certain establishments that serve alcoholic beverages, and the ballot for the general election after which the candidate shall be considered elected. Item No. 46: To legislate solely for the purpose of creating an open Item No. 34: To legislate relative to the blood alcohol level of adults operating motor vehicles and to make such changes primary for the election of members of Congress and the United States Senate to be held on the first Tuesday contingent upon Congress passing legislation mandating a.08 percent blood alcohol level to be presumed after the first Monday in November and the first Saturday after the first Monday in December and intoxicated. specifically to Item No. 35: To legislate with respect to the treatment of profits and losses from sales or exchanges of property not made in Item No. 47: To legislate relative to electronic report filing for certain statewide elections, and to require for all elections the the regular course of business, under Act 690 of the 1993 Regular Session of the Legislature and otherwise reporting of contributions based on a contributor classification system and to otherwise provide with to provide respect Item No. 36: To create the Louisiana Tax Delinquency Amnesty Act, to require the Department of Revenue to establish a tax Item No. 48: To legislate relative to the definition of controlling interest as provided for in the Code of Governmental amnesty program, to provide for terms and conditions of the program, and to provide for Ethics. Item No. 37: To establish the Taxpayers Bill of Rights by recodifying Item No. 49: To provide relative to the restructuring and transfer of the Louisiana State Employees Group Benefits those tax laws that safeguard and protect the rights, privacy, and property of Louisiana taxpayers during the Program, and tax assessment, collection, and enforcement process, and to Item No. 50: To legislate relative to the creation and duties of a Louisiana governor s mansion commission and to Item No. 38: To authorize the secretary of the Department of Revenue to contract with debt collection agencies for the collection of certain in-state tax liabilities deemed Item No. 51: To legislate relative to the collection and use of social uncollectible, and otherwise to provide with respect security numbers on professional, occupational, recreational, drivers, and marriage licenses, divorce decrees, support orders, paternity determinations, Item No. 39: To amend and reenact certain provisions of Title 47 of acknowledgments of paternity, and death certificates the Louisiana Revised Statutes of 1950, relative to the Office of Legal Affairs of the Department of Revenue, and and Item No. 52: To legislate relative to income assignment, to provide for non-liability of employers and payors of income, and Item No. 40: To amend R.S. 26:901, relative to the regulation of tobacco products, to provide for the definition of to provide for notice of income assignment, as it relates to child support enforcement and otherwise to provide tobacconist and authority to purchase products and with respect Item No. 41: To authorize the secretary of the Department of Item No. 53: To legislate relative to paternity, to provide as to information which must be provided to the parties Revenue to use new sampling and projection methods in auditing for the purposes of projecting assessment or before an acknowledgment of paternity can be obtained and to require that paternity tests be ordered upon overpayments of taxes, and to provide for related receipt of a sworn affidavit alleging or denying paternity and Item No. 42: To amend Act 878 of the 1997 Regular Session of the Item No. 54: To legislate relative to paternity and child support Legislature relative to inspections of amusement attractions or rides, and otherwise to provide with proceedings by requiring the filing of information on location and identity of the parties, and subsequent use respect of such information. Item No. 43: To legislate relative to local sales and use taxes, to create a board of appeals for local sales and use taxes, to Item No. 55: To create the Children s Cabinet and to legislate relative to its composition, powers, duties, authority and an provide for membership, jurisdiction and powers and advisory board and to provide relative

4 Page 4 SENATE 1st DAY'S PROCEEDINGS Item No. 56: To legislate relative to funding construction projects in the Capitol Complex including the use of funds in the Item No. 70: To authorize and provide for the transfer, lease or other cooperative endeavors involving certain state lands in Office of Risk Management Self Insurance Fund and other funds and to provide for Ouachita Parish through the Department of Wildlife and Fisheries and to provide for Item No. 57: To legislate relative to the creation of the Louisiana Item No. 71: To authorize the Department of Public Safety and Asbestos Detection and Abatement Fund, to provide a funding mechanism for payment to the fund and uses of Corrections to impose or increase certain fees and to the monies in the fund, and to provide for related Item No. 72: To legislative relative to the acquisition, transfer, or exchange of certain lands in Livingston Parish and East Item No. 58: To authorize the Department of Insurance to issue Baton Rouge Parish by the Department of Public Safety revenue bonds and to impose certain assessments for the construction of a new insurance building, and to provide and Corrections, and otherwise to provide with respect with respect Item No. 73: To legislate relative to the Office of Motor Vehicles of Item No. 59: To legislate relative to medical malpractice, to provide for the patient s compensation fund, and the oversight the Department of Public Safety and Corrections and the computerized imaging of documents and board, to provide for the authority to intervene in judicial proceedings and the duty of care owed by the preservation of original documents, and otherwise to insurer of the health care provider and self-insured health care provider to evaluate a patient s claim and Item No. 74: To amend R.S. 40:1643 relative to required fire consider and act on settlements. protection sprinkler systems, to provide for the extension of time to meet requirements for high rise Item No. 60: To amend Act 28 of the 1997 Regular Session of the Legislature to provide for commitment of certain funds buildings in certain cases, and to provide for related for construction of certain roads in St. Mary Parish. Item No. 75: To authorize the Department of Public Safety and Item No. 61: To legislate relative to the selection of architects and engineers for construction projects on the campuses of Corrections to issue revenue bonds for construction projects within the Department of Public Safety and state colleges and universities and otherwise to provide with respect Corrections Complex at Independence Park and to provide relative Item No. 62: To authorize the Department of Environmental Quality Item No. 76: To authorize the Department of Public Safety and to implement an enhanced motor vehicle inspection program necessary to meet federal requirements and to Corrections to accept credit cards as an additional method of payment and to provide for the fee charged on such cards to be charged to the cardholder and Item No. 63: To amend the Louisiana Emergency Assistance and Disaster Act relative to the definition of emergency, and Item No. 77: To amend and reenact R.S. 23:1472 and R.S. 23:1601 to provide for the definitions of wages under state unemployment compensation benefit law relative to Item No. 64: To legislate relative to vendors compensation and the Louisiana Economic Development Corporation, to Worker Adjustment Retraining and Notification Act (WARN) payments, to provide for disqualification of provide for certain dedications and otherwise to provide with respect benefits relative to Worker Adjustment Retraining and Notification (WARN) Act payments, and to provide for Item No. 65: To legislate relative to providing for the education of children confined to certain correctional centers, and Item No. 78: To change the occupational forecasting projection date to the federally mandated date relative to the Department of Labor, and otherwise to provide with Item No. 66: To legislate relative to the implementation of the State respect Children s Health Insurance Program and otherwise to Item No. 79: To create the technical and community colleges investment fund within the state treasury; to provide for Item No. 67: To legislate relative to the authority of the Department deposit of monies into the fund; to provide for uses and of Wildlife and Fisheries to conduct various wildlife and environmental education programs, and otherwise to investment of monies in the fund, and otherwise to Item No. 80: To create the Atchafalaya Basin Program in the Item No. 68: To provide for an automated license program within the Department of Wildlife and Fisheries for hunting and Department of Natural Resources and provide for duties and powers thereof, to create the Atchafalaya Basin recreational fishing licenses and otherwise to provide with respect Promotion and Research Board within the Atchafalaya Basin Program and provide for membership and powers thereof, to create the Atchafalaya Basin Advisory Item No. 69: To authorize Louisiana State University Medical Center Committee within the Atchafalaya Basin Program and to expend self-generated funds for the construction of capital improvements at Earl K. Long Hospital in the provide for membership thereof, and to provide for amount of $2,000,000 and otherwise to provide with respect

5 1st DAY'S PROCEEDINGS Page 5 SENATE Item No. 81: To legislate relative to crime prevention in the area known as Old Metairie in Jefferson Parish and to Item No. 97: To legislate relative to the legal status, administration, management, staff, operations, and activities of New provide relative Orleans City Park, the City Park properties, and associated friends groups and support organizations, and Item No. 82: To authorize the Jefferson Parish Communication District to enter into contracts to fund fire dispatching services for Jefferson Parish, and to provide relative Item No. 98: To legislate relative to the Vidalia Port Commission and to provide for Item No. 83: To legislate relative to the civil service laws for city of Item No. 99: To authorize the creation of a development district in Kaplan, and to provide relative Lafayette Parish and to Item No. 84: To create a special taxing district for the purpose of constructing and operating a courthouse in Plaquemines Item No. 100: To enlarge the area of the Vidalia Riverfront Development District by providing for additional Parish, and to property to be included in the district and to provide for Item No. 85: To legislate relative to the authority of the governing authority in Acadia Parish to provide for the Item No. 101: To amend Act 799 of the 1997 Regular Session of the maintenance of safe and healthful conditions on private property in Acadia Parish, and to provide relative Louisiana Legislature relative to the distribution of certain funds in St. Tammany Parish, and to provide for Item No. 86: To legislate relative to the creation of the Natchitoches Historic District Development Commission and fund, to Item No. 102: To provide for the transfer of all funds held for or on behalf of the former St. Tammany Levee District to the provide for its purposes, powers, duties, and membership, to dedicate the avails of the state sales tax St. Tammany Police Jury, to provide for the use of such funds only within the area contained within the on hotel occupancy in Natchitoches Parish for use by the commission; to abolish the Natchitoches Parish boundaries of the former levee district, and otherwise to Enterprise Fund and the Natchitoches Convention Facility Fund and otherwise to provide with respect Item No. 103: To rename the Grambling State University Stadium to the Eddie G. Robinson Stadium and to provide with respect Item No. 87: To authorize a special election for the town of Oakridge, to legislate relative to the qualifications for the office of Item No. 104: To authorize the members of the Baton Rouge City chief of police for the town of Oakridge and to provide with respect Police Department to enter the Municipal Police Employees Retirement System, and to provide with respect Item No. 88: To amend Act 196 of the 1992 Regular Legislative Session relative to Lafourche Parish appointments to the Bayou Lafourche Freshwater District, and to provide Item No. 105: To authorize the transfer of certain excess property in Rapides Parish from the Department of Transportation with respect and Development to Water Works District No. 3, and to Item No. 89: To legislate relative to tree preservation in Jefferson Parish, and to Item No. 106: To expand the South Central Regional Transportation Authority to include Jefferson Parish, to expand the Item No. 90: To authorize the transfer and exchange of unused membership of the board, and add to the list of school board lands in Morehouse Parish and to provide with respect nominating agencies, and otherwise to provide relative Item No. 91: To increase the mileage allowance for certain officials of Item No. 107: To provide for the transfer of the Natchitoches Parish the city of Rayne and uses for said revenues, and to provide relative Old Courthouse Museum to the Office of the State Museum within the Department of Culture, Recreation, and Tourism, to provide for certain museum personnel, Item No. 92: To legislate relative to the Capitol Twin Parish Port and to provide for Commission for the parishes of Iberia and Vermilion. Item No. 108: To create a local judicial expense fund for the 30th Item No. 93: To provide relative to the membership of the Shreveport/Bossier Convention and Tourism Judicial District Court to be funded from local revenue, and to provide relative Commission, and to Item No. 109: To create two additional judgeships in the 15th Judicial Item No. 94: To legislate relative to educational requirements for local school board membership. District as approved by the Judicial Council, and to provide relative Item No. 95: To provide relative to the hotel occupancy tax in the city Item No. 110: To legislate relative to survivor benefits for spouses of of Kenner, and matters relative certain former Morgan City police officers, and to provide relative Item No. 96: To create the Garden District Security District as a taxing district for the purpose of crime prevention in the Item No. 111: To authorize the Department of Health and Hospitals to Parish of Orleans and to transfer certain property in East Feliciana Parish to the East Feliciana Parish Fire Protection District, and to

6 Page 6 SENATE Item No. 112: To amend Act 29 of the 1955 Regular Session of the Louisiana Legislature relative to the use and operation of the Bunkie Youth Center, and otherwise to provide with respect Item No. 113: To legislate relative to the District Attorney of Jefferson Parish funding the Jefferson Community School, and to Item No. 114: To legislate relative to the disposition and use of monies in the Vermilion Parish Visitor Enterprise Fund, and to Item No. 115: To provide relative to motor vehicle prestige license plates honoring police officers killed in the line of duty and to provide for Item No. 116: To rename Louisiana Highway 413 and certain portions of U.S. Highway 167. Item No. 117: To amend and reenact certain provisions of Title 11 of the Louisiana Revised Statutes of 1950 relative to the Harbor Police Retirement System of the Port of New Orleans and the Louisiana School Employees Retirement System, to provide for plan tax status, and Item No. 118: To amend and reenact certain provisions of Title 47 of the Louisiana Revised Statutes of 1950 relative to the sales tax on hotel occupancy in Madison and Richland Parishes and appropriate funds relative thereto, and to 1st DAY'S PROCEEDINGS Item No. 128: To provide for the re-creation of the Department of Insurance and its statutory entities, and otherwise to Item No. 129: To authorize designating of employees to represent members on the Louisiana Advisory Commission of Intergovernmental Relations, and otherwise to provide with respect Item No. 130: To amend R.S. 37:2153 relative to the Licensing Board of Contractors and its authority to sell or transfer certain immovable property and otherwise to provide with respect Item No. 131: To amend R.S. 37:1396 relative to licensing and regulation of locksmiths and otherwise to provide with respect Item No. 132 To legislate relative to Louisiana State Police Retirement System, worker s compensation benefits and the State Employees Group Benefits program to provide for the continuation of benefits to surviving spouses under certain circumstances, and otherwise to provide with respect Item No. 133: To amend R.S. 31:149.1 et seq. relative to the imprescriptibility of mineral rights reserved in transfers of land to nonprofit conservation organizations. Item No. 134: To authorize the creation of a motor vehicle prestige license plate for the Girl Scouts of America and Item No. 119: To amend and reenact certain provisions of Title 33 of Item No. 135: To legislate relative to the requirement of a recreational the Louisiana Revised Statutes of 1950, relative to the creation of a convention, tourism and visitor s gear license for the taking of crawfish for recreational purposes. commission in the Mississippi River parishes and Item No. 136: To legislate relative to the selection of jury venire in criminal cases and to Item No. 120: To legislate relative to the creation of the Lake Charles Civic Center Fund for the avails of the state sales tax on hotel occupancy in Calcasieu Parish, to authorize uses Item No. 137: To legislate relative to the criminal history checks on persons seeking licensing as private investigators. of said funds, and otherwise to provide with respect Item No. 138: To legislate relative to railroad crossing safety and Item No. 121: To authorize the creation of two additional judgeships in the 21st Judicial District as approved by the Judicial Council, and Item No. 139: To legislate relative to the percentage of tickets allocated for purchase by private non-profit corporations associated with public universities and otherwise to Item No. 122: To legislate relative to the Kinship Foster Care Program and to provide for Item No. 140: To legislate with respect to inclusion of state employees Item No. 123: To legislate relative to the sentence for second offense DWI, and in the provisions of R.S. 42:1102(22)(d) which defines reasonable transportation for educational or informational purposes relative to the definition of thing Item No. 124: To legislate relative to motor vehicle fleet mandatory of value, and to insurance coverage, and otherwise to provide with respect Item No. 141: To legislate relative to the operation, management and preservation of the Capitol Complex, and otherwise to Item No. 125: To legislate relative to the limitation for survivor benefits for deputy sheriffs killed in the line of duty, and Item No. 142: To legislate relative to increasing the membership of the Louisiana Board of Cosmetology by one member. Item No. 126: To amend and reenact R.S. 12:1335 relative to the dissolution of limited liability companies, and otherwise to Item No. 143: To legislate relative to the school system for Wards 9, 10, and 11 of Rapides Parish including but not limited Item No. 127 To change the election dates and end of terms for to board membership, powers, duties, and responsibilities, and to provide for certain judgeships of the courts of appeal, and otherwise to

7 1st DAY'S PROCEEDINGS Item No. 144: To allow a chief of police of a town or village with a population of less than two thousand five hundred to also hold the office of deputy sheriff. Item No. 145: To authorize the creation of education programs for elected public officials and to provide for related Item No. 146: To provide relative to a constitutional amendment to change the name of the Board of Trustees for State Colleges and Universities to the Board of Supervisors for State Colleges and Universities. Item No. 147: To legislate relative to optional retirement plans of the Teacher s Retirement System and to make such available to employees and members of certain higher educational boards and to provide for Item No. 148: To legislative relative to the powers, duties, and authority of the Joint Legislative Budgetary Control Council and to Item No. 149: To legislate for the purposes of prohibiting certain practices in the delivery of clinical perfusion services and Item No. 150: To legislate with respect to the planning and budget process for post secondary education and to provide relative Item No. 151: To legislate relative to farmers purchasing licenses for all terrain vehicles to operate in limited areas on public highways and to provide relative Item No. 152: To legislate relative to training requirements for peace officers and reserve peace officers, to provide for the powers, duties and authority of the council on peace officers standards and training, to provide for funding and otherwise to provide relative Item No. 153: To authorize the Board of Trustees for State Colleges and Universities to establish tuition, fees and charges relative to the South Louisiana Community College, and to provide for Item No. 154: To amend Act 1489 of the 1997 Regular Session of the Louisiana Legislature to authorize a multi-year budget process, to change the date of the proposition election and Item No. 155: To amend and reenact Act 1501 of the 1997 Regular Session of the Louisiana Legislature relative to funds and the use of nonrecurring revenue, change the date of the proposition election and otherwise to provide with respect Item No. 156: To create two offices of commissioner or magistrate for the 22nd Judicial District Court subject to the approval of the Louisiana Judicial Council, to provide for qualifications, restrictions on employment, powers and duties, and emoluments of office, and to provide for Item No. 157: To legislate relative to listing the drug Ketamine Hydrocholoride, or Special K as a controlled dangerous substance and to provide Item No. 158: To legislate relative to members of the legislature submitting competitive sealed bids for the sale of products or services to the state of Louisiana and to Page 7 SENATE Item No. 159: To provide for a preference for local vendors in the awarding of bids of local political subdivisions and to Item No. 160: To authorize contractors to prepay certain taxes and to obtain proof thereof when applying for construction permits and to provide relative Item No. 161: To authorize municipalities to elect trials by jury under certain circumstances and to provide with respect Item No. 162: To require any motor vehicle, traveling a multilane highway to drive in the right lane except when passing or turning left, and otherwise to provide with respect Item No.163: To legislate with regard to the implementation of Act 721 of the 1997 Regular Legislative Session relative to the conduct of slot machine gaming at live horse race tracks specified in Act 721 for the purpose of defining terms, providing for the dedication of a certain percentage of net slot machine proceeds, supplementing certain purses, providing for awards for certain breeders or accredited Louisiana-bred horses, authorizing certain local governing authorities to impose certain taxes, and providing for collection and distribution, but not for the imposition, of certain fees and taxes. Item No. 164: To authorize the governing boards of certain colleges and universities to increase fees for certain laboratory schools to be used solely for the purpose of renovation and construction of laboratory school facilities. Item No. 165: To provide for the re-creation of the Ouachita Parish Port Authority, to provide for its powers, duties and responsibilities, and to provide for Item No. 166: To add an additional judge to the 3rd Judicial District Court subject to approval of the Louisiana Judicial Council, to provide for election and term of office, to provide for emoluments of office, and to provide for Item No. 167: To legislate relative to court reporter fees and salaries for court reporters in the 13th and 21st Judicial District Court, and to provide for Item No. 168: To amend Act 28 of the 1997 Regular Session of the Legislature of Louisiana to provide relative to the expenditures of funds appropriated for the Bayou Segnette Golf Course and to legislate with respect to other matters related to construction and operation thereof. Item No. 169: To designate Bayou Liberty in St. Tammany Parish as being a natural and scenic river. Item No. 170: To redesignate the Greenwood Overpass located on U.S. Highway 90 near Morgan City in St. Mary Parish as the Sam Siracusa Overpass. Item No. 171: To legislate relative to R.S. 56:303.8 providing that the penalty for conviction of a fishery-related class three or greater violation for the first, second, or subsequent violations is the loss of eligibility for a rod and reel gear license for two, five, or ten years, respectively, rather than loss of eligibility for a commercial fisherman s license.

8 Page 8 SENATE 1st DAY'S PROCEEDINGS Item No. 172: To prohibit the disposal by sale, donation, transfer, or other form of alienation of historically significant property owned by the state and to provide for related Item No. 173: To amend the Code of Criminal Procedure to increase special costs assessed upon conviction of a felony and Item No. 174: To amend certain provisions of Title 30 of the Louisiana Revised Statutes of 1950 to provide relative to fees imposed by the Office of Conservation, Department of W. FOX McKEITHEN Secretary of State City of Baton Rouge, on this 17th day of March, SENATE State of Louisiana Natural Resources, and otherwise to provide with P. O. Box respect Baton Rouge, Louisiana MURPHY J. FOSTER, JR. Governor of Louisiana Attest by the Governor Item No. 175: To legislate relative to membership, duties, powers, and October 22, 1997 authority of the Board of the New Orleans Business and Industrial District and otherwise to provide with respect The Honorable Randy L. Ewing President Louisiana State Senate Item No. 176: To amend R.S. 32:301 relative to the penalty for not using headlamps when wipers are in use and to provide P. O. Box Baton Rouge, Louisiana for Dear Senator Ewing: Item No. 177: To legislate relative to health insurance policies; to provide for benefits for the treatment of certain severe Anticipating my new position with excitement and enthusiasm, mental illnesses; and to provide for remembering my service in the Senate as worthy and fulfilling, and taking leave of my friends with fondness and the highest of respect, I Item No. 178: To allow credit in the State Police pension and Retirement System for certain military service and to hereby tender to you my resignation as State Senator of District #14 upon my taking oath as Judge, First Circuit Court of Appeal, on provide for November 19, Item No. 179: To amend R.S. 13:713 relative to the consequences of the failure of a party to file written objections to As I look forward to the challenge of serving as a judge on the First Circuit Court of Appeal and dedicating myself to fairly and impartially proposed actions of a commissioner of the 19th Judicial District Court and to interpreting our laws, I know I leave the Senate in good hands. Your consideration and support has been important to me. I am certain that your leadership and the efforts of the Senate will be important to all the Item No. 180 To amend Title 15 of the Louisiana Revised Statutes of people in our state relative to the Louisiana Prison Litigation Reform Act. I look forward to our new working relationship and the continuation of our personal friendship. Item No. 181: To legislate relative to the receipt, disposition, and expenditure of funds by the Liquified Petroleum Gas Commission and to provide for Sincerely, JOHN MICHAEL GUIDRY State Senator Item No. 182: To create a religious freedom restoration act and District #14 Secretary of State Item No. 183: To amend Act 931 of the 1997 Regular Session of the Legislature relative to certain property in the parish of W. FOX McKEITHEN State of Louisiana P. O. BOX Plaquemines known as Cheniere Ronquillo. Secretary of State B. R., LA Item No. 184: To create the Lake Willow Neighborhood as a taxing district in the parish of Orleans for the purpose of December 18, 1997 promoting and encouraging the beautification, security, and overall betterment of the area, and to provide for To the Honorable Members of the Louisiana State Senate Ladies and Gentlemen: Item No. 185: To amend Act 728 of the 1997 Regular Session of the Legislature relative to the shipment of alcoholic beverages to Louisiana consumers and to provide for Item No. 186: To legislate relative to the Office of Risk Management to authorize certain audits, to provide for credits and penalties and IN WITNESS HEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Louisiana, at the Capitol, in the I have the honor to submit to you the name of Cleo Fields, who has been duly elected to fill the vacancy occurring in your Honorable Body, caused by the resignation of John Michael Guidry. Cleo Fields has been officially proclaimed duly and legally elected as Senator from the 14th Senatorial District of the State of Louisiana. HAND DELIVERED With best wishes, FOX McKEITHEN Secretary of State

9 1st DAY'S PROCEEDINGS Senator Bagneris moved that the Senator-Elect should be administered the Oath of Office. Administering the Oath of Office The oath prescribed by Article X, Section 30, of the Constitution was administered by Hon. Michael S. Baer, III, Secretary of the Senate, to the following hereinafter named Senator-elect: Cleo Fields Petitions, Memorials and Communications The following petitions, memorials and communications were received and read: SENATE State of Louisiana Randy L. Ewing P. O. Box President of the Senate Baton Rouge, LA Honorable Cleo Fields State Senator P. O. Box Baton Rouge, Louisiana Dear Senator Fields: February 4, 1998 In accordance with Senate Rule 13.1, I hereby appoint you to serve as a member of the Senate Committee on Insurance. In accordance with Senate Rule 13.1, I hereby appoint you to serve as a member of the Senate Committee on Judiciary A. In accordance with R.S. 24:661, I hereby appoint you to serve as one of the Senate members on the Joint Legislative Committee on Capital Outlay. SENATE State of Louisiana Sincerely, RANDY L. EWING Randy L. Ewing P. O. Box President of the Senate Baton Rouge, LA November 4, 1997 Honorable Gerald J. "Jerry" Theunissen State Senator P. O. Box 287 Jennings, LA Dear Senator Theunissen: In accordance with Senate Rule 13.1, I hereby appoint you to serve as a member of the Senate Committee on Revenue and Fiscal Affairs. Rules Suspended Sincerely, RANDY L. EWING Senator Bagneris, asked for and obtained a suspension of the rules for the purpose of taking up at this time. Introduction of Senate Resolutions Page 9 SENATE Senator Bagneris asked for and obtained a suspension of the rules for the purpose of introducing and reading the following Senate Resolutions a first and second time and acting upon them as follows: SENATE RESOLUTION NO. 1 BY SENATOR BAGNERIS A RESOLUTION BE IT RESOLVED by the Senate of the State of Louisiana that a committee of five be appointed to notify the House of Representatives that the Senate is now duly convened and organized and prepared to transact such business as may be brought before it. On motion of Senator Bagneris, the resolution was read by title and adopted. In compliance with the resolution the President of the Senate appointed the following committee: Senators Theunissen, Irons, Dean, Ellington, and W. Fields. SENATE RESOLUTION NO. 2 BY SENATOR BAGNERIS A RESOLUTION BE IT RESOLVED by the Senate of the State of Louisiana that a committee of five be appointed to act with such a committee as the House of Representatives may appoint to notify the Governor that the Legislature is now duly convened and organized and prepared to receive such communication as he may desire to lay before it. On motion of Senator Bagneris, the resolution was read by title and adopted. In compliance with the resolution the President of the Senate appointed the following committee: Senators Malone, C. Fields, Cravins, Dardenne, Smith and Bagneris. Reports of Committees The committee appointed to notify the Governor that the Senate had convened and was prepared to transact business reported it had performed that duty. The President of the Senate thanked the Committee and discharged it. The committee appointed to notify the House of Representatives that the Senate had convened and was prepared to transact business reported it had performed that duty. The President of the Senate thanked the Committee and discharged it. Committee from the House of Representatives A committee from the House of Representatives appeared before the Bar of the Senate and informed the Senate that the House of Representatives was organized and ready to proceed with business. SENATE RESOLUTION NO. 3 BY SENATOR DARDENNE A RESOLUTION To commend Bill McMahon on his retirement for thirty years of service at the Baton Rouge Advocate. The resolution was read by title. Senator Dardenne moved to adopt the Senate Resolution.

10 Page 10 SENATE ROLL CALL The roll was called with the following result: YEAS Mr. President Bagneris Dyess Ellington Lentini Malone Bajoie Barham Fields C Fields W Robichaux Romero Bean Branch Greene Heitmeier Schedler Short Cain Campbell Hines Hollis Siracusa Smith Casanova Cox Irons Johnson Tarver Theunissen Cravins Dardenne Jones Lambert Ullo Dean Total 37 Landry NAYS Total 0 Hainkel Total 2 ABSENT Jordan The Chair declared the Senate had adopted the Senate Resolution. Introduction of Senate Concurrent Resolutions Senator Bagneris asked for and obtained a suspension of the rules for the purpose of introducing and reading the following Senate Concurrent Resolutions a first and second time and acting upon them as follows: SENATE CONCURRENT RESOLUTION NO. 1 BY SENATOR EWING AND REPRESENTATIVES DOWNER AND BRUNEAU A CONCURRENT RESOLUTION To invite the Honorable Murphy J. Foster, Governor of Louisiana to address a joint session of the legislature. The resolution was read by title. Senator Ewing moved to adopt the Senate Concurrent Resolution. ROLL CALL The roll was called with the following result: YEAS Mr. President Bagneris Dyess Ellington Landry Lentini Bajoie Barham Fields C Fields W Malone Robichaux Bean Branch Greene Heitmeier Romero Schedler Cain Campbell Hines Hollis Short Siracusa Cox Cravins Irons Johnson Smith Tarver Dardenne Dean Jones Lambert Theunissen Ullo Total 36 NAYS Total 0 ABSENT 1st DAY'S PROCEEDINGS Casanova Hainkel Jordan Total 3 The Chair declared the Senate had adopted the Senate Concurrent Resolution and ordered it sent to the House. SENATE CONCURRENT RESOLUTION NO. 2 A CONCURRENT RESOLUTION To direct the Department of Transportation and Development to include the development of a separate railroad section in the reorganization of the department. On motion of Senator Bagneris, the resolution was read by title and SENATE CONCURRENT RESOLUTION NO. 3 BY SENATOR JONES A CONCURRENT RESOLUTION To suspend until sixty days after final adjournment of the 1998 Regular Session of the Legislature of Louisiana R.S. 17:3048.1(A)(1)(f)(xi), relative to the curriculum requirements for the Tuition Opportunity Program for Students (TOPS) for high school graduates as it relates to those in the graduating classes of 1997 and On motion of Senator Bagneris, the resolution was read by title and SENATE CONCURRENT RESOLUTION NO. 4 BY SENATOR EWING A CONCURRENT RESOLUTION To amend and readopt Joint Rule No. 8 of the Joint Rules of the Senate and House of Representatives to provide for the selection of officers of certain joint legislative bodies; to provide that the positions of the officers of certain joint legislative bodies rotate between the Senate and the House of Representatives; to provide relative to joint committees; and to provide for On motion of Senator Bagneris, the resolution was read by title and referred to the Committee on Senate and Governmental Affairs. SENATE CONCURRENT RESOLUTION NO. 5 BY SENATOR BARHAM A CONCURRENT RESOLUTION To express the sincere condolences of the Legislature of Louisiana upon the death of Houston L. Condrey, husband, father, grandfather, great grandfather, business owner, community leader, and friend. The resolution was read by title. Senator Barham moved to adopt the Senate Concurrent Resolution. ROLL CALL The roll was called with the following result: YEAS Mr. President Dyess Landry Bagneris Bajoie Ellington Fields C Lentini Malone Barham Bean Fields W Greene Robichaux Romero Branch Cain Heitmeier Hines Schedler Short Campbell Cox Hollis Irons Smith Tarver Cravins Dardenne Johnson Jones Theunissen Ullo Dean Total 35 Lambert

11 1st DAY'S PROCEEDINGS Page 11 SENATE NAYS , the introductory paragraph of , , 2050(C) and (D), 2054(A), 3022(A)(1), (A)(1)(e) and (i) and (B), Total 0 ABSENT 3130, (8), (9) and (11), (A), (B), the introductory paragraph of (D)(2), (D)(2)(b), and (F), (A) and (D)(2)(a), (A), (C), (D), (F)(1) and (2), and (G), (A) and (B), Casanova Jordan , the introductory paragraph of (A), (A)(11), (B), and Hainkel Total 4 Siracusa (C), (A) and (B), , (D), (A)(1), (B)(1)(a), and (C)(1), (A), (B)(7) and (8), (C)(1), (3)(e), (4), (5), (6), and (10), (E), and (F), , (A), (B), (C), The Chair declared the Senate had adopted the Senate Concurrent (D), and (E), 3201, 3217, 3218, 3219, 3220(A), 3222(B), Resolution and ordered it sent to the House. 3223(A), the introductory paragraph of (B), (B)(2), (C), and (D), 3224(C), 3225, 3226, 3301(A), 3302(A)(1) and (B), 3351(A), Prefiled Senate Bills and (A)(1), 3381(A), 3387(A) and (C), and R.S. Joint Resolutions to be Referred 49:1101(B)(2), and to enact Chapter 5B of Title 17 of the Louisiana Revised Statutes of 1950, comprised of R.S. 17:1871 The following prefiled Senate Bills and Joint Resolutions were read through 1873, R.S. 17:2049.3(C), 3026(C), , , by title and referred to committees , and , and to repeal R.S. 17:7(10), (13), and (17), 1992, , 2006, 2007, 2010, 2011, 2012, 2013, (7), and 3301(D), to establish the Louisiana Technical and Community College System; to create and provide for the Board of Supervisors of Technical and Community Colleges to manage the system SENATE BILL NO. 1 BY SENATORS DARDENNE, EWING, HAINKEL, BARHAM, AND ROMERO AND REPRESENTATIVES DOWNER, DEWITT, LEBLANC, MCMAINS, AND MACDONALD A JOINT RESOLUTION Proposing to amend Article VII, Section 10.1(C)(2) and (3), the introductory paragraph of (D)(1), (D)(1)(c), the introductory paragraph of (D)(2), and (D)(2)(a) and (c), and Article VIII, Section 3(A), 5(A), the introductory paragraph of (D), (D)(3), (4), and (5), and (E) and 8(B) and to add Article VIII, Section 7.1, all of the Constitution of Louisiana, relative to providing for the governance and management of education; to create and provide for the Louisiana Technical and Community College System; to create and provide for the Board of Supervisors of Technical and Community Colleges as a fifteen member management board for the system subject to the planning, coordinating, and budgeting responsibility of the Board of Regents; to provide for fifteen members to be appointed by the governor; to provide relative to the consent of the Senate and the terms of members; to authorize the selection of members of certain education boards as provided by law; to provide for student membership on the board; to empower the board with supervision and management of all public postsecondary vocational-technical education programs and institutions of higher education awarding certain types of degrees as assigned by law; to authorize divisions within the Louisiana Technical and Community College System; to revise the powers and duties of the Board of Regents to extend its authority over postsecondary education; to revise certain references; to provide with regard to the requirements to establish a new institution of postsecondary education or the conversion of any such institution; to eliminate certain requirements regarding the transfer of postsecondary education institutions and the establishment of management boards; to temporarily require certain minimum funding for postsecondary institutions; to provide relative to the authorization to allocate money appropriated out of the Louisiana Quality Education Support Fund for postsecondary educational purposes; to provide for the effectiveness of the proposal if approved by the electorate; and to specify an election for submission of the proposition to electors and provide a ballot proposition. SENATE BILL NO. 2 BY SENATORS DARDENNE, EWING, HAINKEL, BARHAM, AND ROMERO AND REPRESENTATIVES DOWNER, DEWITT, LEBLANC, MCMAINS, AND MACDONALD To amend and reenact R.S. 17:4, 6(A)(4), (5), (6) and (7), 7(7) and (9), 540(1) and (3), 541(A)(2), 1806(A) and (E), 1808(B)(1), 1821(B), 1822(B), 1825(A) and (B), 1835, 1991, 1994, , 1996(A) and (B), 2004(A) and (B)(2), 2005(A), 2009(B) and (D)(2), 2033, 2034, 2035, 2036, 2046(A) and (B), 2048(A), subject to the powers of the Board of Regents; to provide terms for the initial members of the board; to provide for the selection of a student member to serve on the board; to include representation from the board on all boards and commissions created in this Title which have representatives of other higher education management boards; to transfer all powers, duties, and responsibilities regarding postsecondary vocational-technical schools from the State Board of Elementary and Secondary Education to the Board of Supervisors of Technical and Community Colleges; to provide for the transfer of the obligations, records, property, liabilities, and employees of postsecondary vocational-technical schools to the Board of Supervisors of Technical and Community Colleges; to reorganize the assignment of certain institutions of higher education among the higher education management boards, including the Board of Supervisors of Technical and Community Colleges; to provide relative to the exercise of the power of program approval by the Board of Regents; to require the Board of Regents to adopt and implement a system of articulation; to transfer all powers, duties, and responsibilities of the state Department of Education, the State Board of Elementary and Secondary Education, and the state superintendent of education for the licensing of proprietary schools to the Board of Regents and the commissioner of higher education; to provide the same powers, duties, and responsibilities for the Board of Supervisors of Technical and Community Colleges as is provided for the other higher education management boards; and to provide for related SENATE BILL NO. 3 BY SENATOR EWING To amend and reenact R.S. 13:621.3, relative to district court judges; to provide for an additional judge for the Third Judicial District Court; to provide for compensation for the additional judge; to provide for his election and his term of office and those of his successors in office; and to provide for referred to the Committee on Judiciary A. SENATE BILL NO. 4 BY SENATOR SHORT To amend and reenact R.S. 17:52(D), relative to parish school boards; to provide relative to qualifications of school board members; to add certain requirements; to provide for applicability; and to provide for