OFFICIAL JOURNAL OF THE SENATE OF THE

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1 OFFICIAL JOURNAL OF THE SENATE OF THE STATE OF LOUISIANA FIRST DAY'S PROCEEDINGS Twenty-Seventh Extraordinary Session of the Legislature Under the Adoption of the Constitution of 1974 Senate Chamber State Capitol Baton Rouge, Louisiana Monday, The Senate was called to order at 5:00 o'clock P.M., by Hon. John Hainkel, President of the Senate. The roll being called, the following members answered to their names: PRESENT Total 31 Total 8 The President of the Senate announced there were 31 Senators present and a quorum. Prayer The prayer was offered by Reverend Richard Rayborn, following which the Senate joined in pledging allegiance to the flag of the United States of America. Morning Hour Messages from the Governor The following messages from the Governor were received and read as follows: W. Fox McKeithen SECRETARY OF STATE State of Louisiana June 14, 2000 To the Honorable President of the Senate and Members of the Louisiana State Senate Ladies and Gentlemen: I have the honor to hand you herewith certified copy of the Proclamation by his Excellency, M. J. "Mike" Foster, Jr., Governor of the State of Louisiana, dated June 13, 2000, designating certain objects to be considered at the Extraordinary Session of the Legislature of Louisiana, to be convened at 5:00 o'clock p.m. on the 19th day of June, 2000, and to adjourn, sine die, not later than 6:00 o'clock p.m. on the 28th day of June, United States of America State of Louisiana Fox McKeithen SECRETAY 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 June 13, 2000, designating certain objects to be considered at the Extraordinary Session of the Legislature of Louisiana, to be convened at 5:00 o'clock p.m. on the 19th day of June, 2000, and to adjourn, sine die, not later than 6:00 o'clock p.m. on the 28th day of June, 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 14th day of June, STATE OF LOUISIANA OFFICE OF THE GOVERNOR BATON ROUGE, LOUISIANA PROCLAMATION NO. 30 MJF 2000 FOX MCKEITHEN Secretay of State 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 ten calendar days, beginning at 5:00 o clock p.m. on the 19th day of June, 2000, and ending no later than 6:00 o clock p.m. on the 28th day of June, The power to legislate at such session shall be limited, under penalty of nullity, to the following specified enumerated objects: ITEM NO. 1: To make appropriations for the ordinary expenses of the executive branch of state government, pensions, public schools, public roads, public charities, and state institutions and providing with respect to the expenditure of said appropriations and otherwise to provide ITEM NO. 2: To make appropriations for the expenses of the Louisiana Judiciary, including the Supreme Court, Courts of Appeal, District Courts, Criminal District Court of Orleans Parish, and other courts and otherwise to provide ITEM NO. 3: To make appropriations for the establishment and reestablishment of agency ancillary funds, to be specifically known as internal service funds, auxiliary funds, or enterprise funds for certain state institutions, officials, and agencies; to provide for appropriation of funds; and to regulate the administration of said funds and otherwise to provide

2 Page 2 SENATE ITEM NO. 4: To authorize the management boards of higher education and vocational and technical colleges to increase existing tuition, fees, charges, co-payments, or assessments, or to impose new tuition, fees, charges, copayments, or assessments, but only in the event Louisiana State University at Alexandria is authorized by law to issue baccalaureate degrees and otherwise to provide ITEM NO. 5: To amend and reenact provisions of Titles 17 and 36 of the Louisiana Revised Statutes of 1950 relative to the authorization of Louisiana State University at Alexandria to issue baccalaureate degrees and otherwise to provide ITEM NO. 6: To legislate relative to requiring composite returns and composite tax payments to the state of Louisiana by certain non-corporate entities and otherwise to provide ITEM NO. 7: To amend and reenact R.S. 47:481 relative to the crediting of certain fees and taxes to the Transportation Trust Fund and to other funds and otherwise to provide ITEM NO. 8: To legislate relative to the imposition or increase of fees assessed by the Office of Mineral Resources in the Department of Natural Resources, to provide for the disposition of said fees, to provide for the right of access by the department to certain related information and otherwise to provide ITEM NO. 9: To legislate relative to R.S. 49:308.4 to provide for the applicability of the requirements relative to inter-fund borrowing and repayment and otherwise to provide ITEM NO. 10: ITEM NO. 11: ITEM NO. 12: ITEM NO. 13: ITEM NO. 14: ITEM NO. 15: To amend the Constitution of Louisiana relative to the exemptions or exclusions from the sales and use taxes of local governmental subdivisions, school boards, and other political subdivisions and otherwise to provide To legislate relative to refunds for taxes paid on the sale or rental of certain tangible personal property covered by Medicare and otherwise to provide To amend R.S. 27:25(B)(1) to provide that matters regulated by the Gaming Control Law contested or disputed by a party against whom the board or division proposes action required by law to be determined after notice and an opportunity for a hearing shall be heard by a hearing officer or the board in a public hearing conducted in accordance with the Louisiana Administrative Procedure Act and otherwise to provide To amend R.S. 17:2053(D) to correct the name of Our Lady of the Lake College and to add Saint Joseph Seminary College to the list of eligible institutions and otherwise to provide relative thereto. To legislate relative to the reemployment of retired faculty members by institutions of higher education and otherwise to provide To legislate relative to the Office of State Parks in the Department of Culture, Recreation, and ITEM NO. 16: ITEM NO. 17: ITEM NO. 18: ITEM NO. 19: ITEM NO. 20: ITEM NO. 21: ITEM NO. 22: ITEM NO. 23: 1st DAY'S PROCEEDINGS Tourism to authorize the office to lease certain lands under its jurisdiction in the parish of St. Tammany, the parish of Calcasieu, or the parish of Sabine for the purpose of providing additional recreation opportunities, and otherwise to provide To legislate relative to the Act of the 2000 Regular Session of the Legislature introduced and enacted as House Bill 295 of the said Regular Session by amending R.S. 47:295(H)(3)(a), (b), and (c) as enacted therein, to increase the average pay of Louisiana elementary and secondary public classroom teachers employed by the city and parish public systems and special schools and the faculty and professional staff employed in postsecondary education under the jurisdiction of the Board of Regents and otherwise to provide To provide with respect to the method used to calculate retirement benefits of certain district court judges who retire due to the creation of subdistricts or a district; to provide for retroactive application and otherwise to provide relative thereto. To amend and reenact Section 6 of the Act of the 2000 Regular Session of the Legislature introduced and enacted as House Bill 140 of the said Regular Session, to provide for the effective dates of the Act, to provide for the suspension or repeal of the Act and otherwise to provide relative thereto. To amend Title 40 of the Louisiana Revised Statutes of 1950 to provide for the authority of the State Fire Marshal to suspend, restrict, or otherwise prohibit open outdoor burning, to provide for penalties for violations, and otherwise to provide To legislate relative to the imposition of additional fees or civil penalties, or the increase of existing fees or civil penalties by the Department of Wildlife and Fisheries and otherwise to provide To amend Title 56 of the Louisiana Revised Statutes of 1950 to authorize a one-time crab trap gear fee increase, the proceeds of which are to be used to secure the imposition of federal tariffs and/or quotas on imported crabmeat and otherwise to provide To amend Title 56 of the Louisiana Revised Statutes of 1950 and the Louisiana Code of Criminal Procedure relative to the creation of the Wildlife Enforcement Enhancement Fund, to provide for fines and penalties, to provide for the uses of the fund for enforcement of department laws and regulations and otherwise to provide To amend Title 30 and Title 56 of the Louisiana Revised Statutes of 1950 relative to servitudes and/or access for commercial purposes to property under the jurisdiction and control of the Department of Wildlife and Fisheries or the Wildlife and Fisheries Commission; to provide for the authorization thereof by the secretary of the Department of Wildlife and Fisheries; to provide

3 1st DAY'S PROCEEDINGS Page 3 SENATE for the assessment of consideration, compensation and/or fees for such servitude and/or access; and District Number 4 and otherwise to provide otherwise to provide ITEM NO. 37: To amend and reenact R.S. 13: relative to ITEM NO. 24: To amend R.S. 27:306(A) of the Video Draw Poker Devices Control Law solely to require the City Court of Hammond, to authorize the transfer of unclaimed filing fees and costs into the multiple licensed facilities such as restaurants, bars, taverns, cocktail lounges, and clubs owned by general fund account under certain circumstances, and otherwise to provide one person to be physically separate and noncontiguous places of business. ITEM NO. 38: Subject to voter approval, authorize any parish having a population of more than thirty-five ITEM NO. 25: To revise the qualifications for the Department of thousand but fewer than thirty-eight thousand Transportation and Development Assistant Secretary for the Office of Planning and persons, as of either of the two most recent federal decennial census, or any sales tax district created Programming. by the governing authority of such parish, to levy and collect an additional one percent sales and use ITEM NO. 26: To amend Title 33 of the Louisiana Revised tax, which sales tax shall not be subject to the rate Statutes of 1950 to create the Lake Oaks limitations provided for in Article VI, Section 29 of Subdivision Improvement District and otherwise to the Constitution of Louisiana. provide ITEM NO. 27: ITEM NO. 28: ITEM NO. 29: ITEM NO. 30: ITEM NO. 31: ITEM NO. 32: ITEM NO. 33: ITEM NO. 34: To amend and reenact or suspend provisions of Title 17 of the Louisiana Revised Statutes of 1950 relative to school day requirements under recognized emergencies and otherwise to provide To legislate relative to the procedure by which the position of police chief is filled in New Iberia and otherwise to provide To legislate relative to the clerical and expense allowance for the Iberia Parish Assessor s Office and otherwise to provide To legislate relative to the dedication of the proceeds of the state sales and use taxes levied on services defined by R.S. 47:301(14)(a) in the parish of Iberia and otherwise to provide relative thereto. To amend Title 33 of the Louisiana Revised Statutes of 1950, to provide for the appointment of the chief of police of the village of McNary and otherwise to provide To legislate relative to the fees for the clerk of court for St. John the Baptist Parish and otherwise to provide To legislate relative to the exemption from court reporting certification requirements for the official and deputy official court reporters in Evangeline and St. Landry parishes and otherwise to provide To amend Title 13 of the Louisiana Revised Statutes of 1950 relative to the Opelousas City Court to authorize the marshal to collect a fee for services and otherwise to provide IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the state of Louisiana, at the Capitol, in th the city of Baton Rouge, on this 13 day of June, Senator John J. Hainkel, Jr. ITEM NO. 35: To authorize Natchitoches Parish to levy an Senator Francis C. additional one percent sales and use tax dependant upon approval of the levy by the electors of the Senator Paulette R. Senator Arthur J. "Art" parish and otherwise to provide Senator Tom Senator Jerry A. ITEM NO. 36: To amend and reenact R.S. 40:1498 to provide for an increase in the per diem for commissioners of the governing board of the St. Tammany Fire M. J. "MIKE" FOSTER, JR. GOVERNOR OF LOUISIANA ATTEST BY THE GOVERNOR FOX MCKEITHEN SECRETARY OF STATE Messages from the President of the Senate The following messages from the President of the Senate were received and read as follows: Members of the Senate: John J. Hainkel, Jr. President of the Senate State of Louisiana The following senators have been appointed to Senate Select Committees during the interim and hereby entered into the record. Senate Select Committee on Tax Structures Senator Bill hairman Robert J. Foster L., Jr. Jay Cleo Fields Dudley A. "Butch" Louis J. Michael R. Jon D. Senate Select Committee for Oversight of the Greater New Orleans Expressway Commission Senator Ken, Chairman Sincerely, JOHN J. HAINKEL, JR.

4 Page 4 SENATE Rules Suspended Senator asked for and obtained a suspension of the rules for the purpose of taking up at this time. Introduction of Senate Resolutions Senator 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: 1st DAY'S PROCEEDINGS On motion of Senator, the resolution was read by title and adopted. Introduction of Senate Concurrent Resolutions Senator 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 RESOLUTION NO. 1 SENATE CONCURRENT RESOLUTION NO. 1 BY SENATOR LAMBERT BY SENATOR LAMBERT 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 To invite the Honorable M. J. "Mike" Foster, Governor of Louisiana to address a joint session of the legislature. Representatives that the Senate is now duly convened and organized and prepared to transact such business as may be The resolution was read by title. Senator moved to adopt brought before it. the Senate Concurrent Resolution. On motion of Senator, the resolution was read by title and adopted. In compliance with the resolution the President of the Senate appointed the following committee: Senators,,,, and SENATE RESOLUTION NO. 2 BY SENATOR LAMBERT 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, the resolution was read by title and adopted. In compliance with the resolution the President of the Senate appointed the following committee: Senators,,,, and 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 ELLINGTON A RESOLUTION To commend Brandon Rogers of the Caldwell High School Spartans on being selected as first baseman on the Class 3A All State baseball team. Total 30 Total 9 Introduction of Senate Bills and Joint Resolutions Senator asked for and obtained a suspension of the rules for the purpose of introducing and reading the following Senate Bills and Joint Resolutions a first and second time and referring them to committee. SENATE BILL NO. 1 BY SENATOR ROMERO To amend and reenact R.S. 47:1908(A)(23), , and (A)(1) relative to expenses of the Iberia Parish Tax Assessor's Office; to provide for the establishment of a tax assessment district in Iberia Parish; and to provide for related matters. On motion of Senator, the bill was read by title and

5 1st DAY'S PROCEEDINGS SENATE BILL NO. 2 BY SENATOR ROMERO To amend and reenact R.S. 47:302.13(A), relative to sales tax; to provide for the dedication of an additional one percent of the state sales tax collected on certain rooms in Iberia Parish to the Iberia Parish Tourist Commission; and to provide for related matters. On motion of Senator, the bill was read by title and SENATE BILL NO. 3 BY SENATOR ROMERO To enact R.S. 33:2481.2, relative to the chief of police of the city of New Iberia; to provide relative to the procedure by which the position of chief of police is filled in New Iberia; to provide for the applicability of certain civil service provisions to the position of chief of police; and to provide for related matters. On motion of Senator, the bill was read by title and SENATE BILL NO. 4 BY SENATOR JOHNSON A JOINT RESOLUTION Proposing to amend Article VI, Section 29(D) of the Constitution of Louisiana, relative to revenue and finance; to provide for certain voting requirements for enacting certain tax exemptions or exclusions from sales and use taxes levied by local governmental subdivisions, school boards, and other political subdivisions whose boundaries are not coterminous with those of the state; and to specify an election for submission of the proposition to electors and provide a ballot proposition; and to provide for related matters. On motion of Senator, the bill was read by title and SENATE BILL NO. 5 BY SENATOR CRAVINS To enact R.S. 13:2105.1, relative to the Opelousas City Court; to authorize the marshal to collect a fee of six dollars and fifty cents for subpoena services; and to provide for related matters. On motion of Senator, the bill was read by title and SENATE BILL NO. 6 BY SENATOR THOMAS To amend and reenact the introductory paragraph of R.S. 17:2053(D), relative to payments to independent institutions of higher education; to correct the name of Our Lady of the Lake College in law; to add St. Joseph Seminary College as an independent institution of higher education eligible for certain reimbursements from the state for educating Louisiana residents; and to provide for related matters. On motion of Senator, the bill was read by title and referred to the Committee on Education. SENATE BILL NO. 7 BY SENATOR HAINKEL To enact R.S. 40:1498(F), relative to fire protection districts; to provide for an increase in per diem for governing board members of a fire protection district with a population of more than 100,000 persons; and to provide for related matters. On motion of Senator, the bill was read by title and Page 5 SENATE Motion Senator moved that the Senate proceed to the House of Representatives to meet in Joint Session. Joint Session of the Legislature The joint session of the legislature was called to order at 5:30 P.M. by the Honorable John J. Hainkel, Jr., President of the Senate. On motion of Sen., the calling of the roll on the part of the Senate was dispensed with. On motion of Rep. Bruneau, the calling of the roll on the part of the House was dispensed with. The President of the Senate appointed the following special committee to escort the Honorable M. J. "Mike" Foster, Jr., Governor of the State of Louisiana, to the joint session. On the part of the Senate: Senators, Bill. D. Jones,,, and. On the part of the House: Representatives E. Alexander, Bruneau, Futrell, Pratt, Baudoin, and Scalise. The President of the Senate introduced the Honorable M. J. "Mike" Foster, Jr., who addresed the joint session of the legislature. On motion of Sen., the Senate retired to its own chamber. After Joint Session The Senate was called to order by the President of the Senate with the following Senators present: PRESENT Total 31 Total 8 The President of the Senate announced there were 31 Senators present and a quorum. Senate Business Resumed After Joint Session Messages from the House The following Messages from the House were received and read as follows:

6 Page 6 SENATE Message from the House CONCURRING IN SENATE CONCURRENT RESOLUTIONS 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. 1 BY SENATOR LAMBERT To invite the Honorable M. J. "Mike" Foster, Governor of Louisiana to address a joint session of the legislature. Reported without amendments. Respectfully submitted, ALFRED W. SPEER Clerk of the House of Representatives Rules Suspended Senator asked for and obtained a suspension of the rules for the purpose of taking up at this time. Introduction of Resolutions, Senate and Concurrent Senator asked for and obtained a suspension of the rules for the purpose of introducing and reading the following Resolutions, Senate and Concurrent, a first and second time and acting upon them as follows: SENATE CONCURRENT RESOLUTION NO. 2 BY SENATOR HAINKEL To express the sincere condolences of the Legislature of Louisiana on the death of John, husband, father, son, brother, mason, community/civic leader, business owner, and friend. The resolution was read by title. Senator Hainkel moved to adopt the Senate Concurrent Resolution. Total 29 1st DAY'S PROCEEDINGS Total 10 SENATE CONCURRENT RESOLUTION NO. 3 BY SENATOR DARDENNE To memorialize Congress to support an amendment to Title X of the Elementary and Secondary Education Act of 1965 establishing the Physical Education for Progress Act. The resolution was read by title. Senator moved to adopt the Senate Concurrent Resolution. Total 28 Total 11 SENATE CONCURRENT RESOLUTION NO. 4 BY SENATOR MARIONNEAUX To express the sincere condolences of the members of the Legislature of Louisiana upon the death of volunteer firefighter Michael "Scotty" Brown, a resident of Gonzales and native of St. Gabriel, Louisiana. The resolution was read by title. Senator moved to adopt the Senate Concurrent Resolution.

7 1st DAY'S PROCEEDINGS Total 26 Total 13 SENATE CONCURRENT RESOLUTION NO. 5 BY SENATOR SMITH To urge and request the Department of Transportation and Development to donate used asphalt to local governments to the maximum extent authorized by law. The resolution was read by title. Senator moved to adopt the Senate Concurrent Resolution. Total 30 Total 9 Messages from the House The following Messages from the House were received and read as follows: Page 7 SENATE Message from the House ASKING CONCURRENCE IN HOUSE CONCURRENT RESOLUTIONS 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. 2 BY REPRESENTATIVE DANIEL To commend Louisiana's Old State Capitol for student fund-raising efforts on behalf of the National World War II Memorial and to encourage statewide support of the memorial project. HOUSE CONCURRENT RESOLUTION NO. 3 BY REPRESENTATIVES CLARKSON, BAUDOIN, BROOME, BRUCE, DARTEZ, DEVILLIER, DOERGE, DURAND, ILES, L. JACKSON, KATZ, PRATT, SCHWEGMANN, WELCH, WILKERSON, WILLARD, AND WINSTON AND SENATORS BAJOIE, IRONS, AND MOUNT To urge and request the Louisiana congressional delegation to support pending legislation which prohibits health insurers and self-insured health plans from discriminating against individuals and their family members on the basis of predictive genetic information or genetic services. Respectfully submitted, ALFRED W. SPEER Clerk of the House of Representatives House Concurrent Resolutions Senator 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. 2 BY REPRESENTATIVE DANIEL To commend Louisiana's Old State Capitol for student fund-raising efforts on behalf of the National World War II Memorial and to encourage statewide support of the memorial project. The resolution was read by title. Senator moved to concur in the House Concurrent Resolution. Total 30

8 Page 8 SENATE 1st DAY'S PROCEEDINGS The President of the Senate declared the Senate adjourned until 5:00 o'clock P.M. on Tuesday,. MICHAEL S. BAER, III Secretary of the Senate Total 9 GAYE F. HAMILTON The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. HOUSE CONCURRENT RESOLUTION NO. 3 BY REPRESENTATIVES CLARKSON, BAUDOIN, BROOME, BRUCE, DARTEZ, DEVILLIER, DOERGE, DURAND, ILES, L. JACKSON, KATZ, PRATT, SCHWEGMANN, WELCH, WILKERSON, WILLARD, AND WINSTON AND SENATORS BAJOIE, IRONS, AND MOUNT To urge and request the Louisiana congressional delegation to support pending legislation which prohibits health insurers and self-insured health plans from discriminating against individuals and their family members on the basis of predictive genetic information or genetic services. The resolution was read by title. Senator moved to concur in the House Concurrent Resolution. Total 30 Journal Clerk Total 9 The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. Leaves of Absence The following leaves of absence were asked for and granted: Adjournment Senator moved that the Senate adjourn until Tuesday, at 5:00 o'clock P.M.