OFFICIAL JOURNAL OF THE SENATE STATE OF LOUISIANA SEVENTEENTH DAY'S PROCEEDINGS ROLL CALL. Privilege Report of the Legislative Bureau.

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1 OFFICIAL JOURNAL OF THE SENATE OF THE STATE OF LOUISIANA SEVENTEENTH DAY'S PROCEEDINGS Thirty-Second Regular Session of the Legislature Under the Adoption of the Constitution of 1974 Senate Chamber State Capitol Baton Rouge, Louisiana Wednesday, The Senate was called to order at 1:30 o'clock P.M., by Hon. Donald E. Hines, President of the Senate. The roll being called, the following members answered to their names: PRESENT Amedee Fields Mount Bajoie Fontenot Murray Barham Gautreaux B Nevers Boasso Gautreaux N Quinn Broome Heitmeier Romero Cain Hollis Schedler Chaisson Jackson Shepherd Cheek Jones Smith Cravins Kostelka Theunissen Dardenne Lentini Ullo Malone Total - 38 Total - 1 The President of the Senate announced there were 38 Senators present and a quorum. Prayer The prayer was offered by Bishop Muench, following which the Senate joined in pledging allegiance to the flag of the United States of America. Reading of the Journal On motion of Senator Nevers, the reading of the Journal was dispensed with and the Journal of yesterday was adopted. Morning Hour Messages from the House The following Messages from the House were received and read as follows: Message from the House CONCURRING IN SENATE CONCURRENT RESOLUTIONS April 25, 2006 To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of Representatives has finally concurred in the following Senate Concurrent Resolutions: SENATE CONCURRENT RESOLUTION NO. 42 BY SENATORS HINES AND THEUNISSEN AND REPRESENTATIVE FRITH To direct the Department of Health and Hospitals, office of public health to allow a waiver of certain requirements of the sanitary code, LAC 51:XII.101 et seq., regarding sewerage treatment for properties within the boundaries of Holly Beach Sewerage Board District Ten of Cameron Parish, under certain conditions. Reported without amendments. SENATE CONCURRENT RESOLUTION NO. 45 BY SENATOR DUPRE To designate, as "Obesity Awareness Day" at the legislature. Reported without amendments. Respectfully submitted, ALFRED W. SPEER Clerk of the House of Representatives Privilege Report of the Legislative Bureau To the President and Members of the Senate: I am directed by your Legislative Bureau to submit the following report: The following bills are approved as to construction and duplication. We advise and suggest the following amendments to the engrossed bills. HOUSE BILL NO. 52 BY REPRESENTATIVES HAMMETT, STRAIN, THOMPSON, BAUDOIN, DANIEL, DOVE, FRITH, GEYMANN, HILL, LAMBERT, ROBIDEAUX, JACK SMITH, AND ST. GERMAIN To enact R.S. 56:116.5, relative to hunting; to prohibit computerassisted remote hunting; to provide for definitions; to provide for penalties; and to provide for related Reported without amendments. HOUSE BILL NO. 392 BY REPRESENTATIVE HAMMETT To amend and reenact R.S. 49:191(3) and to repeal R.S. 49:191(1)(m), relative to the Department of Revenue; to provide for the re-creation of the Department of Revenue and the statutory entities made a part of the department by law; to provide for the effective termination date for all statutory authority for the existence of such statutory entities; and to provide for related Reported without amendments. HOUSE BILL NO. 395 BY REPRESENTATIVE HAMMETT To amend and reenact R.S. 47:118(I)(introductory paragraph), relative to the state income tax; to change the deadline for the application for waiver of penalty for underpayment of estimated tax; to provide for an effective date; and to provide for related Reported without amendments. 427

2 Page 2 SENATE HOUSE BILL NO. 396 BY REPRESENTATIVE HAMMETT To amend and reenact R.S. 47:1562(A), 1563, and 1564, relative to assessment of tax, penalty, and interest; to provide the time period from the date of the notice of tax due to protest proposed assessment; to provide for assessment of tax, interest, and penalties; to provide for an effective date; and to provide for related Reported without amendments. HOUSE BILL NO. 418 BY REPRESENTATIVES ALARIO AND SALTER To amend and reenact R.S. 17:3361(A)(2), relative to public facilities; to require certain oversight of the construction of improvements on college or university property which is leased to a nonprofit organization; to provide for the adoption of standards; to provide for an effective date; and to provide for related Reported without amendments. HOUSE BILL NO. 569 BY REPRESENTATIVE MONTGOMERY To amend and reenact R.S. 47:633(7)(b) and (c)(i)(aa), relative to the severance tax on oil; to extend the time allowed for the reduced rate certifications on incapable and stripper wells; to provide for an effective date; and to provide for related Reported without amendments. HOUSE BILL NO. 837 BY REPRESENTATIVES JACK SMITH, ALARIO, K. CARTER, DANIEL, DEWITT, DORSEY, HAMMETT, JEFFERSON, PIERRE, RITCHIE, RICHMOND, AND SALTER AND SENATORS HEITMEIER, HINES, MALONE, MCPHERSON, MOUNT, AND NEVERS To amend and reenact R.S. 56:2(D), relative to the Wildlife and Fisheries Commission; to authorize the chairman of the commission to cancel meetings under certain circumstances; to provide for actions by the secretary; and to provide for related Reported with amendments. LEGISLATIVE BUREAU AMENDMENTS Amendments proposed by Legislative Bureau to Engrossed House Bill No. 837 by Representative Jack Smith In Senate Floor Conforming Amendment No. 1 proposed by Senator Dupre and adopted by the Senate on April 25, 2006, on line 2, after "page 2," insert "line 1," In Senate Floor Conforming Amendment No. 2 proposed by Senator Dupre and adopted by the Senate on April 25, 2006, on line 4, after "page 2," insert "line 2," Respectfully submitted, ARTHUR J. "ART" LENTINI Chairman Adoption of Legislative Bureau Report On motion of Senator Lentini, the Legislative Bureau amendments were adopted and the Bills and Joint Resolutions were read by title 17th DAY'S PROCEEDINGS Introduction of Senate Concurrent Resolutions Senator Bajoie asked for and obtained a suspension of the rules for the purpose of introducing and reading the following Senate Concurrent Resolution a first and second time and acting upon them as follows: SENATE CONCURRENT RESOLUTION NO. 46 BY SENATOR THEUNISSEN AND REPRESENTATIVES FRITH AND MORRISH To commend Tanya Sturman on her efforts in obtaining authority for a manufacturing company to proceed with plans to build and operate a facility to create alligator watchbands in India. The resolution was read by title. Senator Theunissen moved to adopt the Senate Concurrent Resolution. Mr. President Ellington Mount Adley Fontenot Murray Amedee Gautreaux B Nevers Barham Hollis Quinn Broome Jackson Romero Cain Jones Smith Chaisson Kostelka Theunissen Cheek Lentini Ullo Dardenne Malone Michot Total - 28 Bajoie Fields McPherson Boasso Gautreaux N Schedler Cravins Heitmeier Shepherd Dupre Total - 11 The Chair declared the Senate had adopted the Senate Concurrent Resolution and ordered it sent to the House. SENATE CONCURRENT RESOLUTION NO. 47 BY SENATOR MICHOT To commend the Acadiana Chapter of the American Red Cross for the services and assistance rendered to the people of Acadiana and to express support for the first annual "Cajun Bar B Q State Championship" competition. The resolution was read by title. Senator Michot moved to adopt the Senate Concurrent Resolution. Mr. President Ellington Mount Adley Fontenot Murray Amedee Gautreaux B Nevers Barham Hollis Quinn Broome Jackson Romero Cain Jones Smith Chaisson Kostelka Theunissen 428

3 17th DAY'S PROCEEDINGS Cheek Lentini Ullo Dardenne Malone Michot Total - 28 Bajoie Fields McPherson Boasso Gautreaux N Schedler Cravins Heitmeier Shepherd Dupre Total - 11 The Chair declared the Senate had adopted the Senate Concurrent Resolution and ordered it sent to the House. Senate Concurrent Resolutions on Second Reading The following Senate Concurrent Resolutions were read and acted upon as follows: SENATE CONCURRENT RESOLUTION NO. 44 BY SENATOR FIELDS To authorize and direct the secretary of state to preserve all ballots cast on Saturday, April 22 nd that were not counted on that day. On motion of Senator Bajoie, the resolution was read by title and referred to the Committee on Senate and Governmental Affairs. Messages from the House The following Messages from the House were received and read as follows: Message from the House ASKING CONCURRENCE IN HOUSE BILLS AND JOINT RESOLUTIONS April 25, 2006 To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of Representatives has finally passed and asks your concurrence in the following House Bills and Joint Resolutions: HOUSE BILL NO. 220 BY REPRESENTATIVE M. GUILLORY To amend and reenact Code of Criminal Procedure Article 611, relative to venue; to provide venue for the crime of identity theft; and to provide for related HOUSE BILL NO. 303 BY REPRESENTATIVE FAUCHEUX To amend and reenact R.S. 40:981.3(A), relative to the Uniform Controlled Dangerous Substances Law; to provide for violations of the Uniform Controlled Dangerous Substances Law in drugfree zones; to provide for penalties; and to provide for related HOUSE BILL NO. 364 BY REPRESENTATIVE WALSWORTH To enact R.S. 14:67.21(B)(3), relative to crime of theft; to provide for the crime of theft against aged or disabled persons through a fraudulent or deceitful scheme; and to provide for related Page 3 SENATE HOUSE BILL NO. 410 BY REPRESENTATIVE M. GUILLORY To amend and reenact R.S. 14:67.16(B) and (C) and 67.21(B) and to enact R.S. 14:67.16(A)(1)(m) and (n), relative to theft; to provide for personal identifying information; to provide for identity theft; to provide for theft of the assets of aged or disabled persons; and to provide for related HOUSE BILL NO. 57 BY REPRESENTATIVE TOOMY To amend and reenact R.S. 13:841(A)(introductory paragraph) and (1) through (10) and (D) and to repeal R.S. 13:841(A)(11) through (77) and (E), relative to fees the clerks of the district courts are entitled to receive in civil matters for services provided; to streamline the fees and services; to provide for a fee for marriage licenses and copies; to delete provisions authorizing a clerk to demand and receive additional fees in an amount not to exceed ten percent; to repeal certain fees of offices and services; to repeal provisions relating to service on the same person in the same proceeding but in more than one capacity; and to provide for related HOUSE BILL NO. 88 BY REPRESENTATIVE PITRE To enact R.S. 14:99.1, relative to driving offenses; to create the crime of hit and run damaging of a potable waterline by operation of a watercraft or vessel; to provide for definitions; to provide for penalties; and to provide for related HOUSE BILL NO. 215 BY REPRESENTATIVE DOERGE To amend and reenact Children's Code Article 603(14) and to enact Children's Code Articles 603(16.1) and 610(G), relative to a child in need of care; to provide with respect to the definitions of neglect and prenatal neglect; to provide for the duty of a physician to order a toxicology test; and to provide for related HOUSE BILL NO. 281 BY REPRESENTATIVE FAUCHEUX To amend and reenact R.S. 15:144(B) and 145(B)(3), relative to indigent defender boards; to provide for the hiring of attorneys; to provide residential requirements; to provide for membership of the indigent defender board in Orleans Parish; and to provide for related Respectfully submitted, ALFRED W. SPEER Clerk of the House of Representatives House Bills and Joint Resolutions on First Reading The following House Bills and Joint Resolutions were read a first time by their titles and placed on the Calendar for their second reading: HOUSE BILL NO. 57 BY REPRESENTATIVE TOOMY To amend and reenact R.S. 13:841(A)(introductory paragraph) and (1) through (10) and (D) and to repeal R.S. 13:841(A)(11) through (77) and (E), relative to fees the clerks of the district courts are entitled to receive in civil matters for services provided; to streamline the fees and services; to provide for a fee for marriage licenses and copies; to delete provisions authorizing a clerk to demand and receive additional fees in an amount not to exceed ten percent; to repeal certain fees of offices and services; to repeal provisions relating to service on 429

4 Page 4 SENATE the same person in the same proceeding but in more than one capacity; and to provide for related The bill was read by title; lies over under the rules. HOUSE BILL NO. 88 BY REPRESENTATIVE PITRE To enact R.S. 14:99.1, relative to driving offenses; to create the crime of hit and run damaging of a potable waterline by operation of a watercraft or vessel; to provide for definitions; to provide for penalties; and to provide for related The bill was read by title; lies over under the rules. HOUSE BILL NO. 215 BY REPRESENTATIVE DOERGE To amend and reenact Children's Code Article 603(14) and to enact Children's Code Articles 603(16.1) and 610(G), relative to a child in need of care; to provide with respect to the definitions of neglect and prenatal neglect; to provide for the duty of a physician to order a toxicology test; and to provide for related The bill was read by title; lies over under the rules. HOUSE BILL NO. 220 BY REPRESENTATIVE M. GUILLORY To amend and reenact Code of Criminal Procedure Article 611, relative to venue; to provide venue for the crime of identity theft; and to provide for related The bill was read by title; lies over under the rules. HOUSE BILL NO. 281 BY REPRESENTATIVE FAUCHEUX To amend and reenact R.S. 15:144(B) and 145(B)(3), relative to indigent defender boards; to provide for the hiring of attorneys; to provide residential requirements; to provide for membership of the indigent defender board in Orleans Parish; and to provide for related The bill was read by title; lies over under the rules. HOUSE BILL NO. 303 BY REPRESENTATIVE FAUCHEUX To amend and reenact R.S. 40:981.3(A), relative to the Uniform Controlled Dangerous Substances Law; to provide for violations of the Uniform Controlled Dangerous Substances Law in drugfree zones; to provide for penalties; and to provide for related The bill was read by title; lies over under the rules. HOUSE BILL NO. 364 BY REPRESENTATIVE WALSWORTH To enact R.S. 14:67.21(B)(3), relative to crime of theft; to provide for the crime of theft against aged or disabled persons through a fraudulent or deceitful scheme; and to provide for related The bill was read by title; lies over under the rules. HOUSE BILL NO. 410 BY REPRESENTATIVE M. GUILLORY To amend and reenact R.S. 14:67.16(B) and (C) and 67.21(B) and to enact R.S. 14:67.16(A)(1)(m) and (n), relative to theft; to provide for personal identifying information; to provide for identity theft; to provide for theft of the assets of aged or disabled persons; and to provide for related 17th DAY'S PROCEEDINGS The bill was read by title; lies over under the rules. Messages from the House The following Messages from the House were received and read as follows: Message from the House ASKING CONCURRENCE IN HOUSE CONCURRENT RESOLUTIONS April 25, 2006 To the Honorable President and Members of the Senate: I am directed to inform your honorable body that the House of Representatives has finally passed and asks your concurrence in the following House Concurrent Resolutions: HOUSE CONCURRENT RESOLUTION NO. 135 BY REPRESENTATIVE MARTINY AND SENATOR LENTINI To commend Diane Martinsen upon her selection as the recipient of the 2006 Regina Matrum Award from the Archdiocese of New Orleans. HOUSE CONCURRENT RESOLUTION NO. 136 BY REPRESENTATIVE LAFONTA To urge and request the LSU School of the Coast and Environment to develop a plan to mitigate the damage caused by dredging oil and gas canals in Louisiana's coastal wetlands. Respectfully submitted, ALFRED W. SPEER Clerk of the House of Representatives House Concurrent Resolutions Senator Bajoie asked for and obtained a suspension of the rules to take up at this time the following House Concurrent Resolutions just received from the House which were taken up, read a first and second time by their titles and acted upon as follows: HOUSE CONCURRENT RESOLUTION NO. 135 BY REPRESENTATIVE MARTINY AND SENATOR LENTINI To commend Diane Martinsen upon her selection as the recipient of the 2006 Regina Matrum Award from the Archdiocese of New Orleans. The resolution was read by title. Senator Lentini moved to concur in the House Concurrent Resolution. Mr. President Dupre Michot Adley Ellington Mount Amedee Fontenot Murray Barham Gautreaux B Nevers Broome Hollis Quinn Cain Jackson Romero Chaisson Jones Smith Cheek Kostelka Theunissen Dardenne Lentini Ullo Malone Total

5 17th DAY'S PROCEEDINGS Bajoie Gautreaux N Schedler Boasso Heitmeier Shepherd Cravins Fields McPherson Total - 10 The resolution was read by title. Senator Lentini moved to concur in the House Concurrent Resolution. HOUSE CONCURRENT RESOLUTION NO. 136 BY REPRESENTATIVE LAFONTA To urge and request the LSU School of the Coast and Environment to develop a plan to mitigate the damage caused by dredging oil and gas canals in Louisiana's coastal wetlands. On motion of Senator Bajoie, the resolution was read by title and referred to the Committee on Natural Resources. House Bills and Joint Resolutions on Second Reading to be Referred The following House Bills and Joint Resolutions were read by title and referred to committees as follows: HOUSE BILL NO. 12 BY REPRESENTATIVE GREENE To amend and reenact R.S. 14:220.1(B), relative to leased movables; to increase the penalty for failure to return a leased movable in certain circumstances; and to provide for related On motion of Senator Bajoie, the bill was read by title and referred to the Committee on Judiciary C. HOUSE BILL NO. 27 BY REPRESENTATIVE FARRAR AND SENATOR MCPHERSON To amend and reenact Code of Civil Procedure Article 4843(I), (K), (L), and (M), relative to city court jurisdiction; to increase the jurisdictional amount in dispute for the City Court of Alexandria and the City Court of Pineville; and to provide for related On motion of Senator Bajoie, the bill was read by title and referred to the Committee on Judiciary A. HOUSE BILL NO. 51 BY REPRESENTATIVE SCHNEIDER To amend and reenact R.S. 40:971.2(C), relative to controlled dangerous substances; to increase penalties for the crime of unlawfully prescribing, distributing, dispensing, or assisting in illegally obtaining controlled dangerous substances; and to provide for related On motion of Senator Bajoie, the bill was read by title and referred to the Committee on Judiciary C. HOUSE BILL NO. 74 BY REPRESENTATIVE JOHNS To amend and reenact Code of Criminal Procedure Article 344(B)(1), relative to the right to notice for a defendant's required appearance; to provide that the defendant may designate an agent to be served with the notice to appear; and to provide for related On motion of Senator Bajoie, the bill was read by title and referred to the Committee on Judiciary C. Page 5 SENATE HOUSE BILL NO. 93 BY REPRESENTATIVE MCVEA To amend and reenact R.S. 37:756(A), 760(A)(1), and 766 and to enact R.S. 37:753(C)(4), 760(A)(15), 761(C), 764(D), 795(B)(2)(a)(iii) and (iv) and (3)(a)(iii) and (iv), and (C), relative to the Dental Practice Act; to provide for the suspension of nominating procedures; to provide for receipts and disbursements of the board; to provide relative to the powers and duties of the board; to provide relative to the requirements of applicants for a dental license and a dental hygiene license; to provide for the supervision of dental hygienists; to increase costs and fees; and to provide for related On motion of Senator Bajoie, the bill was read by title and referred to the Committee on Health and Welfare. HOUSE BILL NO. 100 BY REPRESENTATIVES MARTINY AND ANSARDI To amend and reenact R.S. 40:981.3(A)(3)(a) and (b) and (D) and to enact R.S. 40:981.3(C)(6), relative to drug-free zones; to add child day care center property within drug-free zones; to provide for definitions; and to provide for related On motion of Senator Bajoie, the bill was read by title and referred to the Committee on Judiciary C. HOUSE BILL NO. 108 BY REPRESENTATIVE BRUNEAU AND SENATOR MURRAY To amend and reenact R.S. 49:72(7) and to enact R.S. 49:78.1, relative to lobbying of the executive branch; to provide for the regulation of lobbying of the executive branch; to provide for the definition of lobbyist; to provide for certain prohibited conduct; to provide for penalties and remedies, including the defeat or voidability of certain contracts; to provide for enforcement; and to provide for related On motion of Senator Bajoie, the bill was read by title and referred to the Committee on Senate and Governmental Affairs. HOUSE BILL NO. 109 BY REPRESENTATIVE BRUNEAU AND SENATOR MURRAY To amend and reenact R.S. 24:51(5) and to enact R.S. 24:56(G) and 58.1, relative to lobbying of the legislature; to provide for the regulation of lobbying of the legislature; to provide for the definition of lobbyist; to provide for certain prohibited conduct; to provide for penalties and remedies, including the defeat or voidability of certain contracts; to provide for enforcement; and to provide for related On motion of Senator Bajoie, the bill was read by title and referred to the Committee on Senate and Governmental Affairs. HOUSE BILL NO. 170 BY REPRESENTATIVES WHITE AND KATZ To amend and reenact R.S. 15:708(A)(1), (2), (3)(a), and (5), to enact R.S. 15:708(G) and (H), and to repeal R.S. 15:708(A)(3)(c), relative to labor by inmates at workday release programs; to provide an exception for the requirement that inmates remain under the custody and control of the sheriff in cases where the parish or municipal authorities assume the responsibility for the custody and control of participating prisoners for particular parish or municipal projects while the prisoners are outside of prison facilities; to provide for immunity for sheriffs and their employees for injuries or damages caused or suffered by prisoners participating in any work program during incarceration at parish jail facilities; to provide for applicability; and to provide for related On motion of Senator Bajoie, the bill was read by title and referred to the Committee on Judiciary B. 431

6 Page 6 SENATE HOUSE BILL NO. 336 BY REPRESENTATIVES MONTGOMERY, GALLOT, AND TOWNSEND To enact R.S. 39:12(A)(4) and (C), relative to management of state lands; to require development of management plans by state agencies; to require management of state lands in a prudent manner; and to provide for related On motion of Senator Bajoie, the bill was read by title and referred to the Committee on Natural Resources. HOUSE BILL NO. 435 BY REPRESENTATIVES GEYMANN AND SCHNEIDER To amend and reenact R.S. 14:42(D)(2), relative to aggravated rape; to change the penalty provisions relative to the age of the victim to conform to the definition of the crime; to provide for penalties imposed when the victim is under the age of thirteen years; and to provide for related On motion of Senator Bajoie, the bill was read by title and referred to the Committee on Judiciary C. HOUSE BILL NO. 457 BY REPRESENTATIVE HEBERT To authorize the secretary of the Department of Wildlife and Fisheries and the commissioner of administration to sell, convey, transfer, assign, and deliver certain state property located in Iberia Parish. On motion of Senator Bajoie, the bill was read by title and referred to the Committee on Natural Resources. HOUSE BILL NO. 459 BY REPRESENTATIVE HEBERT To authorize the secretary of the Department of Wildlife and Fisheries and the commissioner of administration to sell, convey, transfer, assign, and deliver certain state property located in Iberia Parish. On motion of Senator Bajoie, the bill was read by title and referred to the Committee on Natural Resources. HOUSE BILL NO. 460 BY REPRESENTATIVE HEBERT To authorize the secretary of the Department of Wildlife and Fisheries and the commissioner of administration to sell, convey, transfer, assign, and deliver certain state property located in Iberia Parish. On motion of Senator Bajoie, the bill was read by title and referred to the Committee on Natural Resources. HOUSE BILL NO. 463 BY REPRESENTATIVE HEBERT To authorize the secretary of the Department of Wildlife and Fisheries and the commissioner of administration to sell, convey, transfer, assign, and deliver certain state property located in Iberia Parish. On motion of Senator Bajoie, the bill was read by title and referred to the Committee on Natural Resources. HOUSE BILL NO BY REPRESENTATIVE DANIEL To enact R.S. 49:214.4(B)(3), relative to coastal restoration; to provide for a coastal forest preservation, conservation, and restoration program; and to provide for related On motion of Senator Bajoie, the bill was read by title and referred to the Committee on Natural Resources. 17th DAY'S PROCEEDINGS House Concurrent Resolutions on Second Reading The following House Concurrent Resolutions were read and acted upon as follows: HOUSE CONCURRENT RESOLUTION NO. 126 BY REPRESENTATIVES QUEZAIRE, ALARIO, ALEXANDER, ANSARDI, ARNOLD, BADON, BALDONE, BARROW, BAUDOIN, BAYLOR, BEARD, BOWLER, BRUCE, BRUNEAU, BURNS, BURRELL, K. CARTER, R. CARTER, CAZAYOUX, CRANE, CRAVINS, CROWE, CURTIS, DAMICO, DANIEL, DARTEZ, DEWITT, DOERGE, DORSEY, DOVE, DOWNS, DURAND, ERDEY, FANNIN, FARRAR, FAUCHEUX, FRITH, GALLOT, GEYMANN, GLOVER, GRAY, GREENE, E. GUILLORY, M. GUILLORY, HAMMETT, HARRIS, HEATON, HEBERT, HILL, HONEY, HOPKINS, HUNTER, HUTTER, JACKSON, JEFFERSON, JOHNS, KATZ, KENNARD, KENNEY, KLECKLEY, LABRUZZO, LAFLEUR, LAFONTA, LAMBERT, LANCASTER, MARCHAND, MARTINY, MCDONALD, MCVEA, MONTGOMERY, MORRELL, MORRISH, ODINET, PIERRE, PINAC, PITRE, M. POWELL, T. POWELL, RICHMOND, RITCHIE, ROBIDEAUX, ROMERO, SALTER, SCALISE, SCHNEIDER, SMILEY, GARY SMITH, JACK SMITH, JANE SMITH, JOHN SMITH, ST. GERMAIN, STRAIN, THOMPSON, TOOMY, TOWNSEND, TRAHAN, TRICHE, TUCKER, WADDELL, WALKER, WALSWORTH, WHITE, WINSTON, AND WOOTON AND SENATORS ADLEY, AMEDEE, BAJOIE, BARHAM, BOASSO, BROOME, CAIN, CHAISSON, CHEEK, CRAVINS, DARDENNE, 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, SCHEDLER, SHEPHERD, SMITH, THEUNISSEN, AND ULLO To urge and request the Department of Transportation and Development to install lighting along the Sunshine Bridge in Ascension Parish. The resolution was read by title. Senator Amedee moved to concur in the House Concurrent Resolution. Mr. President Dupre Malone Adley Ellington Murray Amedee Fields Nevers Barham Fontenot Quinn Broome Gautreaux B Romero Cain Hollis Smith Chaisson Jackson Theunissen Cheek Jones Ullo Dardenne Kostelka Lentini Total - 28 Bajoie Heitmeier Mount Boasso Schedler Cravins McPherson Shepherd Gautreaux N Michot Total - 11 The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. HOUSE CONCURRENT RESOLUTION NO. 130 BY REPRESENTATIVE MORRISH To memorialize the United States Congress to take such actions as are necessary to expedite the Federal Emergency Management Agency's (FEMA) reimbursement process and to make the reimbursement of accrued interest on loans part of its public assistance grants. 432

7 17th DAY'S PROCEEDINGS The resolution was read by title. Senator Theunissen moved to concur in the House Concurrent Resolution. Mr. President Ellington McPherson Adley Fields Mount Amedee Fontenot Murray Barham Gautreaux B Nevers Broome Heitmeier Quinn Cain Hollis Romero Chaisson Jackson Smith Cheek Jones Theunissen Dardenne Kostelka Ullo Lentini Dupre Malone Total - 31 Bajoie Gautreaux N Schedler Boasso Shepherd Cravins Michot Total - 8 The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. HOUSE CONCURRENT RESOLUTION NO. 131 BY REPRESENTATIVE KATZ To urge and request the Department of Revenue to design an electronic tax return that is simpler and more easily understood and interpreted. The resolution was read by title. Senator Ellington moved to concur in the House Concurrent Resolution. Mr. President Ellington McPherson Adley Fields Mount Amedee Fontenot Murray Barham Gautreaux B Nevers Broome Heitmeier Quinn Cain Hollis Romero Chaisson Jackson Smith Cheek Jones Theunissen Dardenne Kostelka Ullo Lentini Dupre Malone Total - 31 Bajoie Gautreaux N Schedler Boasso Shepherd Cravins Michot Total - 8 The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. Page 7 SENATE Reports of Committees The following reports of committees were received and read: REPORT OF COMMITTEE ON NATURAL RESOURCES Senator Malone, Chairman on behalf of the Committee on Natural Resources, submitted the following report: To the President and Members of the Senate: I am directed by your Committee on Natural Resources to submit the following report: SENATE BILL NO. 26 BY SENATOR DUPRE To enact R.S. 49:213.1(E) and 213.4(A)(7), relative to the Coastal Protection and Restoration Authority; to provide relative to its powers, duties, and functions; to authorize the authority to serve as the single entity responsible to act as local sponsor for certain projects relative to hurricane protection and flood control; to authorize the authority to enter into certain contracts relative to hurricane protection and flood control projects, and to provide for related Reported with amendments. SENATE BILL NO. 237 BY SENATOR MALONE To amend and reenact R.S. 30:136(A)(1)(a) and (b), relative to state mineral leases; to require certain payments to the office of mineral resources to be paid by check or electronic wire transfer; and to provide for related Reported favorably. SENATE BILL NO. 238 BY SENATOR MALONE To amend and reenact R.S. 30:209.1(B) and 213(A), relative to the State Mineral Board; to allow for the use of certain confidential geological information and data; to provide for certain conditions, procedures and penalties; and to provide for related Reported favorably. SENATE BILL NO. 635 BY SENATOR DUPRE To amend and reenact R.S. 49:214.32(B), and (A)(6), and to enact R.S. 49:214.22(8), (C)(8), and (A)(7), relative to coastal resources; to provide relative to coastal resources management; to provide relative to the coastal zone; to provide relative to coastal zone management; to provide certain terms, conditions, definitions, requirements, functions, and procedures; and to provide for related Reported with amendments. REPORT OF COMMITTEE ON Respectfully submitted, MAX T. MALONE Chairman COMMERCE, CONSUMER PROTECTION AND INTERNATIONAL AFFAIRS 433

8 Page 8 SENATE Senator Hollis, Chairman on behalf of the Committee on Commerce, Consumer Protection, and International Affairs, submitted the following report: To the President and Members of the Senate: I am directed by your Committee on Commerce, Consumer Protection, and International Affairs to submit the following report: SENATE BILL NO. 239 BY SENATORS MALONE, ULLO AND HOLLIS To amend and reenact R.S. 49:191 and to repeal R.S. 49:191(1)(d), relative to the Department of Culture, Recreation and Tourism; to provide for the re-creation of the Department of Culture, Recreation and Tourism and the statutory entities made a part of the department by law; to provide for the effective termination date for all statutory authority for the existence of such statutory entities; and to provide for related Reported favorably. SENATE BILL NO. 600 BY SENATOR MURRAY To enact Chapter 10-C of Title 6 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 6: through , relative to loans; to provide for the Louisiana Motor Vehicle Title Loan Act; to provide for definitions; to provide requirements for title loan agreements; to require the lender to maintain certain records; to provide for lender's rights and remedies upon default; to provide for certain charges; to provide for the length of title loans; to provide for the borrower's rights and remedies; to prohibit certain acts; to provide requirements for licensure; to provide exceptions from licensure; to provide procedures for licensure; to provide for fees; to provide for the denial, suspension, and revocation of a license; to provide for the powers and duties of the Louisiana Motor Vehicle Commission; to authorize the commission to issue fines; to authorize a private right of action; and to provide for related Reported by substitute. Respectfully submitted, KEN HOLLIS Chairman REPORT OF COMMITTEE ON HEALTH AND WELFARE Senator McPherson, Chairman on behalf of the Committee on Health and Welfare, submitted the following report: To the President and Members of the Senate: I am directed by your Committee on Health and Welfare to submit the following report: SENATE BILL NO. 417 BY SENATOR BAJOIE To enact Part VI of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 40:1191, relative to kidney disease; to require that clinical laboratories determine the estimate glomerular filtration rate of certain patients; and to provide for related Reported with amendments. 17th DAY'S PROCEEDINGS SENATE BILL NO. 605 BY SENATOR MCPHERSON To amend and reenact R.S. 40: (B)(2)(b), 2199(B)(2)(b) and (F)(1), to enact R.S. 40:2199.1, and to repeal R.S. 40: (B)(3) and 2199(B)(3), relative to nursing homes and health care facilities; to amend Class B violations for nursing homes and other health care facilities licensed or certified by the Department of Health and Hospitals; to delete monthly aggregate fines for nursing homes or other health care facilities; to provide that monies collected for violations by health care facilities, other than nursing homes, be placed into a special trust fund; to provide for use of those monies; to provide for additional remedies against health care facilities which have repeated violations; and to provide for related Reported with amendments. SENATE BILL NO. 614 BY SENATOR BAJOIE To amend and reenact R.S. 46:2116, (2), the introductory paragraph of (3) and (3)(e) and (5), (A) and (B)(1), (2), (3) and (4), the introductory paragraph of (C) and (C)(1), (2), and (3), and (D)(1) and (2), R.S (A), (A) and (D), relative to the personal care assistants program; to provide for flexibility by Department of Social Services, office of rehabilitation services for the standards of eligibility; to provide for definitions for individuals determined to be in need of personal care assistants; provides for members to the advisory panel to develop criteria for prioritization; and to provide for related Reported with amendments. Senate Bills and Joint Resolutions on Second Reading Reported by Committees Respectfully submitted, JOE MCPHERSON Chairman The following Senate Bills and Joint Resolutions reported by Committees were taken up and acted upon as follows: SENATE BILL NO. 25 BY SENATOR CAIN To enact R.S. 14:116.1, relative to flag burning; to create the crime of flag burning as it relates to the United States flag; to provide for exceptions; to provide for penalties; and to provide for related Reported with amendments by the Committee on Judiciary C. Amendments proposed by Senate Committee on Judiciary C to Original Senate Bill No. 25 by Senator Cain On page 1, after line 16, insert the following: "E. The provisions of this Section shall not take effect unless and until an amendment to the federal constitution regarding flag desecration is proposed by the Congress and approved by the requisite number of states and becomes law." On motion of Senator Chaisson, the committee amendment was 434

9 17th DAY'S PROCEEDINGS SENATE BILL NO. 51 BY SENATOR MARIONNEAUX To amend and reenact R.S. 9:374(C), relative to divorce; to provide relative to the possession and use of certain property by spouses; to provide relative to possession and use of movable property; and to provide for related Reported favorably by the Committee on Judiciary A. On motion of Senator Lentini, the bill was read by title, ordered engrossed, SENATE BILL NO. 79 BY SENATOR FONTENOT To amend and reenact R.S. 30:2195.2(A)(1)(c)(ii), (3), and (B)(2), (A), and and to enact R.S. 30:2195.9(6); relative to the Motor Fuels Underground Storage Tank Trust Fund; to provide relative to financial obligations of tank owners for environmental damage resulting from releases; authorizes the Department of Environmental Quality to file liens in lieu of tank owners paying deductibles on underground storage tanks; and to provide for related Reported with amendments by the Committee on Environmental Quality. Amendments proposed by Senate Committee on Environmental Quality to Original Senate Bill No. 79 by Senator Fontenot On page 1, line 2, after "2195.2(A)(1)(c)(ii)," and before "(3)" insert "and" On page 1, line 2, after "(3)," delete "and (B)(2)," AMENDMENT NO. 3 On page 1, line 9, after "2195.2(A)(1)(c)(ii)," and before "(3)" insert "and" AMENDMENT NO. 4 On page 1, line 9, after "(3)," delete "and (B)(2)," AMENDMENT NO. 5 On page 2, delete lines 21 though 29 AMENDMENT NO. 6 On page 3, delete lines 1 and 2 AMENDMENT NO. 7 On page 4, line 29, after "fund." insert: "Such regulations shall provide that the use of the funds in the Tank Trust Fund in any fiscal year on sites for which the lien authorized by this Section has been used to substitute for the financial responsibility amount shall not exceed twenty percent of the amounts collected in the previous fiscal year. The secretary is authorized to exceed the twenty percent limitation contained in this Paragraph upon recommendation of the Motor Fuels Underground Storage Tank Trust Fund Advisory Board. Upon recommendation of the board to exceed the twenty percent limitation as provided for in this Paragraph, the secretary shall send written notice to the Senate Committee on Environmental Quality and the House Committee on the Environment listing the project name, project location, and the amount of the project that exceeds the twenty percent limitation." On motion of Senator Fontenot, the committee amendment was Page 9 SENATE SENATE BILL NO. 85 BY SENATOR JONES To enact R.S. 15:833.1, relative to persons in the custody of the Department of Public Safety and Corrections; to require the implementation of a work furlough program for certain inmates to participate in disaster and emergency relief; to require the secretary to establish rules, regulations and procedures for such program; to provide for eligibility; to provide an opportunity to be heard by the appropriate trial judge, district attorney, and victim; and to provide for related Reported with amendments by the Committee on Judiciary B. Amendments proposed by Senate Committee on Judiciary B to Original Senate Bill No. 85 by Senator Jones On page 1, line 3, change "require" to "authorize" and delete "a work furlough program" and insert in lieu thereof "community resource centers" On page 1, line 5, change "program" to "centers" AMENDMENT NO. 3 On page 1, line 6, after "eligibility;" delete the remainder of the line and on line 7 delete "district attorney, and victim;" AMENDMENT NO. 4 On page 1, line 10, change "Work furlough program" to "Community resource centers" and delete "legislative findings;" AMENDMENT NO. 5 On page 1, delete lines 11 through 17 and insert in lieu thereof the following: "A. The secretary of the Department of Public Safety and Corrections is hereby authorized to establish community resource centers to provide housing for inmates to remediate the damage done following a natural disaster or emergency. In implementing disaster remediation activities by inmates the secretary shall maximize the use of inmate labor to augment governmental personnel and community volunteers conducting remediation activities during the period immediately after such disaster and assure that inmate labor does not replace an existing employee, work on a project or job involved in a labor dispute, or supplant post disaster remediation activities that may otherwise be performed under contract by private sector firms employed by an affected individual or governmental entity." AMENDMENT NO. 6 On page 2, delete lines 1 through 29 and insert in lieu thereof the following: "B. Notwithstanding any other provisions of law to the contrary, every eligible inmate in the custody of the Department of Public Safety and Corrections who has been convicted of a felony, except an inmate prohibited from participation as provided for in Subsection D of this section, may be assigned to perform labor related to cleanup and rebuilding following a natural disaster, emergency or other catastrophe if all of the following conditions are met: (1) The governor has declared a disaster or emergency in the parish where the work will be conducted pursuant to executive order or proclamation pursuant to the provisions of the Louisiana Homeland Security and Emergency Assistance and Disaster Act. (2) The inmate is not excluded from eligibility for participation pursuant to the provisions of Subsection D and pursuant to rules and regulations promulgated by the secretary. (3) The secretary has approved the participation of the inmate in implementing disaster remediation activities." 435

10 Page 10 SENATE AMENDMENT NO. 7 On page 3, delete lines 1 through 12 AMENDMENT NO. 8 On page 3, line 13, change "Such work furloughs" to "Participation in a community resource center" and on line 15 after "Corrections." insert "The rules shall be adopted pursuant to the provisions of the Administrative Procedure Act." AMENDMENT NO. 9 On page 3, delete lines 16 through 29 and insert in lieu thereof the following: "D. An inmate in the custody of the Department of Public Safety and Corrections shall not be eligible to participate in the community resource centers if the inmate has been convicted of a crime defined or enumerated as a crime of violence in R.S. 14:2(13) or the inmate has been convicted of a sex offense as defined in R.S. 15:541(14.1). E. Inmates participating in the community resource center shall be eligible to earn thirty days of good time in addition to that otherwise authorized by law for every thirty days of service in this program. F. The provisions of this Section shall be subject to appropriation by the legislature or the availability of any appropriate federal funds." 0 On page 4, delete lines 1 through 29 and on page 5, delete lines 1 through 7 On motion of Senator Dardenne, the committee amendment was SENATE BILL NO. 129 BY SENATOR JONES To amend and reenact R.S. 15:571.3(B), relative to execution of sentence; to provide for diminution and commutation of sentence for good behavior; to provide for an increase in the rate of good time earned every thirty days; and to provide for related Reported with amendments by the Committee on Judiciary B. Amendments proposed by Senate Committee on Judiciary B to Original Senate Bill No. 129 by Senator Jones On page 2, line 4, change "The" to "The Beginning with the diminution of sentence earned beginning January 1, 1992, the" On page 2, after line 10, insert the following: "Section 2. The provisions of this Act shall provide no basis for any action by any inmate in the custody of the Department of Public Safety and Corrections to seek release or to seek any type of legal redress." On motion of Senator Dardenne, the committee amendment was SENATE BILL NO. 154 BY SENATOR N. GAUTREAUX To enact R.S. 9:348, relative to children; to provide relative to visitation orders; to provide for missed visitation due to certain military active duty; to require compensatory days of visitation in such instances; to require negotiation between parents; to provide for court intervention in certain circumstances; to authorize court-ordered mediation; to provide relative to court 17th DAY'S PROCEEDINGS costs; to provide for definitions; and to provide for related Reported favorably by the Committee on Judiciary A. On motion of Senator Lentini, the bill was read by title, ordered engrossed, SENATE BILL NO. 161 BY SENATOR MOUNT To enact R.S. 13:3881(A)(7), relative to general exemptions from seizure; to provide that certain property insurance proceeds shall be exempt from seizure; to provide relative to property insurance proceeds received as a result of natural disasters or fires; and to provide for related Reported with amendments by the Committee on Judiciary A. Amendments proposed by Senate Committee on Judiciary A to Original Senate Bill No. 161 by Senator Mount On page 1, after line 16, add the following: "Section 2. The provisions of this Act shall be given retroactive application to August 24, 2005." On motion of Senator Lentini, the committee amendment was SENATE BILL NO. 165 BY SENATOR MOUNT To amend and reenact Children's Code Art. 603(14) and to enact Children's Code Art. 603(16.1) and 610(G), relative to children; to provide relative to pre-natal neglect; to provide for definitions; to require testing to determine pre-natal neglect in certain circumstances; to require reporting of such tests when results are positive; to provide relative to the retention of negative test results; to provide for the admissibility of such tests; and to provide for related Reported with amendments by the Committee on Judiciary A. Amendments proposed by Senate Committee on Judiciary A to Original Senate Bill No. 165 by Senator Mount On page 1, on the author line, after the words "SENATOR MOUNT" add "(On recommendation of the Louisiana State Law Institute)" On page 2, at the end of line 9, after "child" insert "when there is a substantial risk of harm to the child's health or welfare" AMENDMENT NO. 3 On page 2, line 18, after "use" insert "by a mother during pregnancy" AMENDMENT NO. 4 On page 2, at the end of line 19, delete "by a mother during" AMENDMENT NO. 5 On page 2, at the beginning of line 20, delete "pregnancy" AMENDMENT NO. 6 On page 3, line 4, after "used" insert "during pregnancy" AMENDMENT NO. 7 On page 3, at the beginning of line 8, change "immediately" to ", as soon as possible," 436

11 17th DAY'S PROCEEDINGS AMENDMENT NO. 8 On page 3, at the end of line 11, change "may be admissible only in a juvenile court" to "shall not be admissible in a criminal prosecution." AMENDMENT NO. 9 On page 3, delete lines 12 and 13 On motion of Senator Lentini, the committee amendment was SENATE BILL NO. 169 BY SENATOR CHAISSON To amend and reenact R.S. 13:969(G) and (I) and to enact R.S. 13:961(F)(1)(r), relative to court reporter fees in the Twenty- Ninth Judicial District Court; to authorize the judges en banc to set the fees for each page and for each copied page of transcribed testimony; and to provide for related Reported favorably by the Committee on Judiciary A. On motion of Senator Lentini, the bill was read by title, ordered engrossed, SENATE BILL NO. 173 BY SENATOR FONTENOT To amend and reenact R.S. 30:2179, relative to environmental quality, to require the secretary of the Department of Environmental Quality to evaluate hazardous waste capacity in order to safely and efficiently manage such waste; and to provide for related Reported with amendments by the Committee on Environmental Quality. Amendments proposed by Senate Committee on Environmental Quality to Original Senate Bill No. 173 by Senator Fontenot On page 1, line 13, delete ", but is not limited to" On page 2, line 6, after "capacity" insert a period "." and delete the remainder of the line AMENDMENT NO. 3 On page 2, delete line 7 AMENDMENT NO. 4 On page 2, delete lines 25 through 29 and insert: "(1) The secretary shall consider the expansion or modification of existing hazardous waste facilities and construction of new hazardous waste facilities when evaluating available permitted capacity. (2) The secretary shall consider available permitted capacity as it relates to the management of hazardous waste resulting from emergency situations before issuing an additional hazardous waste permit. C. A fifteen percent limitation above the total permitted capacity shall be applied on an aggregate basis and shall not be applied individually to a certain facility. The fifteen percent limitation shall not be applicable during a response to a natural disaster impacting the parishes of the state or where such limitation will prohibit the environmentally sound management of in-state hazardous waste associated with a disaster response or where such limitation could significantly impede or prevent the protection of human health and the environment. Upon completing an evaluation and determination of the permitted hazardous waste capacity, the fifteen percent limitation may be revised or rescinded. The secretary shall provide public notice of Page 11 SENATE any revision or rescission of the fifteen percent limitation provision." On motion of Senator Fontenot, the committee amendment was SENATE BILL NO. 202 BY SENATOR JONES To amend and reenact R.S. 15:828(B), relative to prisons and correctional institutions; to provide for classification and treatment programs; to increase the number of programs in which an inmate is to be encouraged to participate and for which an inmate may receive good time credits; and to provide for related Reported with amendments by the Committee on Judiciary B. Amendments proposed by Senate Committee on Judiciary B to Original Senate Bill No. 202 by Senator Jones On page 1, line 11, change "prescribe" to "prescribe adopt" On motion of Senator Dardenne, the committee amendment was SENATE BILL NO. 250 BY SENATOR FONTENOT To amend and reenact R.S. 30:2022(B)(1) and (2), relative to the Department of Environmental Quality; to provide for the processing and review of permit applications for new facilities and applications for substantial permit modifications; to provide that completeness review on permit application is to be made within sixty days after the application is submitted; to provide that a final decision on a permit is to be made within two hundred and ten days after the application is submitted; and to provide for related Reported with amendments by the Committee on Environmental Quality. Amendments proposed by Senate Committee on Environmental Quality to Original Senate Bill No. 250 by Senator Fontenot On page 1, line 5, after "provide that" insert "certain administrative" On page 1, line 7, change "two hundred and ten" to "three hundred" AMENDMENT NO. 3 On page 2, line 2, after "Procedures for" insert "administrative" AMENDMENT NO. 4 On page 2, at the beginning of line 4, before "completeness"insert "administrative" AMENDMENT NO. 5 On page 2, at the end of line 5, after "submitted" and before the period "." insert ", except where additional time is required to correct information or deficiencies in the application" AMENDMENT NO. 6 On page 2, line 6, after "beyond" delete "two hundred ten" and insert "three hundred" AMENDMENT NO. 7 On page 2, line 8, after "technical" insert "information or" 437