OFFICIAL JOURNAL OF THE SENATE OF THE STATE OF LOUISIANA EIGHTH DAY'S PROCEEDINGS Twenty-Ninth Extraordinary 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 3:00 o'clock P.M., by Hon. John Hainkel, President of the Senate. The roll being called, the following members answered to their names: PRESENT 7 Irons Total 2 The President of the Senate announced there were 37 Senators Prayer The prayer was offered by Senator, 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, 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: PASSED SENATE BILLS AND JOINT RESOLUTIONS Representatives has finally passed the following Senate Bills and Joint Resolutions: SENATE BILL NO. 1 BY SENATORS HOLLIS, BOISSIERE, BEAN, CRAVINS, HOYT, MOUNT AND THEUNISSEN AND REPRESENTATIVE MURRAY To amend and reenact R.S. 27:243(C) and 270(A)(3)(a) and to enact R.S. 17:421.7 and R.S. 27:241.1 and R.S. 27:244(A)(11) and (12), relative to the land-based casino; to reduce the annual minimum compensation payments; to authorize the casino gaming operator to offer certain seated restaurant facilities and food services; to authorize the casino gaming operator to lease or operate certain businesses in the official gaming establishment; to provide for restrictions on advertising; to prohibit the offering of onsite lodging in the official gaming establishment; to authorize the casino gaming operator to offer certain offsite lodging; to provide for complimentary offerings and discounts and restrictions thereof; to delete restrictions on the sale of products; to provide for the authority of the Gaming Control Board to set aside or renegotiate, amend, approve, execute, and implement an amendment of the casino operating contract and issue or modify regulatory approvals related thereto; to provide for the dedication of certain revenues; to establish a special fund in the state treasury and to provide for the deposit of certain monies into the fund; to provide for the use of monies in the fund; to provide for the allocation of appropriations from the state general fund in the event that the monies in the special fund are not available for appropriation for the dedications in this Act; and to provide for related matters. SENATE BILL NO. 2 BY SENATORS MCPHERSON, ELLINGTON AND SMITH AND REPRESENTATIVES FARRAR AND DONELON To amend and reenact the heading of Subpart B-27 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes of 1950, to enact R.S. 29:33.2 and R.S. 33:130.541.1, and to repeal R.S. 33:130.541 and 130.542 through 130.547, relative to the Esler Industrial Development District; to transfer ownership by cooperative endeavor of the immovable and movable property and assets of the Esler Industrial Development District to the military department of the state for use by the Louisiana National Guard; to authorize the Rapides Parish Police Jury to transfer certain property including Esler Field in Rapides Parish to the military department of the state; to repeal provisions creating the Esler Industrial Development District; to provide for the Esler Industrial Development Area Advisory Board and the powers and duties thereof; to provide for effective dates; and to provide for related matters. Reported with amendments. Messages from the House The following Messages from the House were received and read as follows:
Page 2 SENATE 8th DAY'S PROCEEDINGS CONCURRING IN SENATE CONCURRENT RESOLUTIONS Representatives has finally concurred in the following Senate Concurrent Resolutions: SENATE CONCURRENT RESOLUTION NO. 4 DISAGREEMENT TO HOUSE BILL Louisiana upon the death of Charles M. Lanie. SENATE CONCURRENT RESOLUTION NO. 5 Louisiana upon the death of Daniel L. Regard. SENATE CONCURRENT RESOLUTION NO. 6 Louisiana upon the death of Landis "Noon" Ortemond. SENATE CONCURRENT RESOLUTION NO. 7 Louisiana upon the death of Sidney J. Guidry, Sr. SENATE CONCURRENT RESOLUTION NO. 8 BY SENATOR B. JONES Louisiana on the death of John Smoker Hunt II. SENATE CONCURRENT RESOLUTION NO. 9 BY SENATORS BAJOIE, HAINKEL, BOISSIERE, HEITMEIER, AND JOHNSON To express the condolences of the members of the legislature to the family of Florida "Flo" Riley Wilson, mother of Senator Paulette R. Irons. SENATE CONCURRENT RESOLUTION NO. 10 BY SENATORS SMITH, MALONE, AND CAMPBELL To commend the Northwestern State University Demons basketball team on its outstanding performance and showing in the NCAA basketball tournament. SENATE CONCURRENT RESOLUTION NO. 2 BY SENATOR HINES Louisiana on the death of Mervin Lee Trail, MD. Representatives has refused to concur in the proposed Senate Amendment(s) to House Bill No. 2 by Representative DeWitt, and ask the President to appoint on the part of the Senate a committee to confer with a like committee from the House on the disagreement. HOUSE CONFEREES APPOINTED I am directed to inform your honorable body that the Speaker of the House of Representatives has appointed the following members, on the part of the House of Representatives, to confer, with a like committee from the Senate, on the disagreement to House Bill No. 2 by Representative DeWitt: Representatives DeWitt, Murray and Martiny. Messages from the House The following Messages from the House were received and read as follows: ASKING CONCURRENCE IN HOUSE CONCURRENT RESOLUTIONS Representatives has finally passed and asks your concurrence in the following House Concurrent Resolutions:
8th DAY'S PROCEEDINGS HOUSE CONCURRENT RESOLUTION NO. 12 ODINET, AND POWELL To commend and congratulate the LSU men's track and field team and its coaches, managers, and trainers upon winning the 2001 National Collegiate Athletic Association Indoor Track and Field Championship. HOUSE CONCURRENT RESOLUTION NO. 13 MONTGOMERY, ODINET, POWELL, AND SALTER To commend and congratulate LSU head basketball coach John Brady for his achievements in leading the Tigers through the 2000-2001 season. HOUSE CONCURRENT RESOLUTION NO. 14 BY REPRESENTATIVES KENNARD, ALARIO, DANIEL, GLOVER, HOLDEN, MCVEA, MONTGOMERY, ODINET, POWELL, AND SALTER To commend and congratulate LSU head football coach Nick Saban for his outstanding achievements in leading the Tigers to a remarkable 2000 season. 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. 12 ODINET, AND POWELL To commend and congratulate the LSU men's track and field team and its coaches, managers, and trainers upon winning the 2001 National Collegiate Athletic Association Indoor Track and Field Championship. The resolution was read by title. Senator moved to concur in the House Concurrent Resolution. 4 Irons Total 5 Page 3 SENATE The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. Senator in the Chair HOUSE CONCURRENT RESOLUTION NO. 13 MONTGOMERY, ODINET, POWELL, AND SALTER To commend and congratulate LSU head basketball coach John Brady for his achievements in leading the Tigers through the 2000-2001 season. The resolution was read by title. Senator moved to concur in the House Concurrent Resolution. 6 Irons The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. HOUSE CONCURRENT RESOLUTION NO. 14 BY REPRESENTATIVES KENNARD, ALARIO, DANIEL, GLOVER, HOLDEN, MCVEA, MONTGOMERY, ODINET, POWELL, AND SALTER To commend and congratulate LSU head football coach Nick Saban for his outstanding achievements in leading the Tigers to a remarkable 2000 season. The resolution was read by title. Senator moved to concur in the House Concurrent Resolution.
Page 4 SENATE 6 Irons The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. Senate Bills and Joint Resolutions Returned from the House of Representatives with Amendments Senator asked for and obtained a suspension of the rules to take up at this time the following Senate Bills and Joint Resolutions just returned from the House of Representatives with amendments. SENATE BILL NO. 2 BY SENATORS MCPHERSON, ELLINGTON AND SMITH AND REPRESENTATIVES FARRAR AND DONELON To amend and reenact the heading of Subpart B-27 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes of 1950, to enact R.S. 29:33.2 and R.S. 33:130.541.1, and to repeal R.S. 33:130.541 and 130.542 through 130.547, relative to the Esler Industrial Development District; to transfer ownership by cooperative endeavor of the immovable and movable property and assets of the Esler Industrial Development District to the military department of the state for use by the Louisiana National Guard; to authorize the Rapides Parish Police Jury to transfer certain property including Esler Field in Rapides Parish to the military department of the state; to repeal provisions creating the Esler Industrial Development District; to provide for the Esler Industrial Development Area Advisory Board and the powers and duties thereof; to provide for effective dates; and to provide for related matters. The bill was read by title. Returned from the House of Representatives with the following amendments: HOUSE COMMITTEE AMENDMENTS Amendments proposed by House Committee on Municipal, Parochial and Cultural Affairs to Reengrossed Senate Bill No. 2 by Senator AMENDMENT NO. 1 On page 5, line 27, after "Sections" and before "of this" delete "1 and 2" and insert in lieu thereof "1, 2, 4, and 5" AMENDMENT NO. 2 On page 6, line 6, after "all" and before "movable" delete "property" AMENDMENT NO. 3 On page 6, line 6, after "as" and before "in" insert "provided for" Senator moved to concur in the amendments proposed by the House. 8th DAY'S PROCEEDINGS 6 Irons The Chair declared the amendments proposed by the House were concurred in. Senator moved to reconsider the vote by which the amendments were concurred in and laid the motion on the table. in the Chair Recess On motion of Senator, the Senate took a recess until 6:00 o'clock P.M. After Recess The Senate was called to order at 6:00 o'clock P.M. by the President of the Senate. The roll being called, the following members answered to their names: 6 Irons
8th DAY'S PROCEEDINGS The President of the Senate announced there were 36 Senators Senate Business Resumed Appointment of Conference Committee on House Bill No. 2 The President of the Senate appointed on the Conference Committee on House Bill No. 2 the following members of the Senate: Senators, and. Petitions, Memorials and Communications The following petitions, memorials and communications were received and read: Honorable Reggie P., Jr. State Senator P.O. Box 3893 Houma, LA 70361 Dear Senator : SENATE State of Louisiana March 20, 2001 In accordance with Senate Rule 13.1, I hereby appoint you to serve as a member of the Senate Committee on Environmental Quality. In accordance with Senate Rule 13.1, I hereby appoint you to serve as a member of the Senate Committee on Retirement. Recess Sincerely, JOHN J. HAINKEL, JR. On motion of Senator, the Senate took a recess until 7:30 o'clock P.M. After Recess The Senate was called to order at 7:30 o'clock P.M. by the President of the Senate. The roll being called, the following members answered to their names: 5 Irons Total 4 Page 5 SENATE The President of the Senate announced there were 35 Senators Senate Business Resumed Motion On motion of Senator the Senate went into Executive Session. After Executive Session The Senate was called to order by the President of the Senate with the following Senators present: PRESENT 8 Irons Total 1 The President of the Senate announced there were 38 Senators Senate Business Resumed Privilege Report of the Committee on Senate and Governmental Affairs ENROLLMENTS Senator, Chairman on behalf of the Committee on Senate and Governmental Affairs, submitted the following report: To the President and Members of the Senate: I am directed by your Committee on Senate and Governmental Affairs to submit the following report: The following Senate Concurrent Resolutions have been properly enrolled:
Page 6 SENATE SENATE CONCURRENT RESOLUTION NO. 2 BY SENATOR HINES Louisiana on the death of Mervin Lee Trail, MD. SENATE CONCURRENT RESOLUTION NO. 4 Louisiana upon the death of Charles M. Lanie. SENATE CONCURRENT RESOLUTION NO. 5 Louisiana upon the death of Daniel L. Regard. SENATE CONCURRENT RESOLUTION NO. 6 Louisiana upon the death of Landis "Noon" Ortemond. SENATE CONCURRENT RESOLUTION NO. 7 Louisiana upon the death of Sidney J. Guidry, Sr. SENATE CONCURRENT RESOLUTION NO. 8 BY SENATOR B. JONES Louisiana on the death of John Smoker Hunt II. SENATE CONCURRENT RESOLUTION NO. 9 BY SENATORS BAJOIE, HAINKEL, BOISSIERE, HEITMEIER, AND JOHNSON To express the condolences of the members of the legislature to the family of Florida "Flo" Riley Wilson, mother of Senator Paulette R. Irons. SENATE CONCURRENT RESOLUTION NO. 10 BY SENATORS SMITH, MALONE, AND CAMPBELL To commend the Northwestern State University Demons basketball team on its outstanding performance and showing in the NCAA basketball tournament. CHRIS ULLO Chairman The foregoing Senate Concurrent Resolutions were signed by the President of the Senate. Privilege Report of the Committee on Senate and Governmental Affairs ENROLLMENTS Senator, Chairman on behalf of the Committee on Senate and Governmental Affairs, submitted the following report: To the President and Members of the Senate: 8th DAY'S PROCEEDINGS The following Senate Bills have been properly enrolled: SENATE BILL NO. 1 BY SENATORS HOLLIS, BOISSIERE, BEAN, CRAVINS, HOYT, MOUNT AND THEUNISSEN AND REPRESENTATIVES MURRAY, PRATT AND WELCH To amend and reenact R.S. 27:243(C) and 270(A)(3)(a) and to enact R.S. 17:421.7 and R.S. 27:241.1 and R.S. 27:244(A)(11) and (12), relative to the land-based casino; to reduce the annual minimum compensation payments; to authorize the casino gaming operator to offer certain seated restaurant facilities and food services; to authorize the casino gaming operator to lease or operate certain businesses in the official gaming establishment; to provide for restrictions on advertising; to prohibit the offering of onsite lodging in the official gaming establishment; to authorize the casino gaming operator to offer certain offsite lodging; to provide for complimentary offerings and discounts and restrictions thereof; to delete restrictions on the sale of products; to provide for the authority of the Gaming Control Board to set aside or renegotiate, amend, approve, execute, and implement an amendment of the casino operating contract and issue or modify regulatory approvals related thereto; to provide for the dedication of certain revenues; to establish a special fund in the state treasury and to provide for the deposit of certain monies into the fund; to provide for the use of monies in the fund; to provide for the allocation of appropriations from the state general fund in the event that the monies in the special fund are not available for appropriation for the dedications in this Act; and to provide for related matters. SENATE BILL NO. 2 BY SENATORS MCPHERSON, ELLINGTON AND SMITH AND REPRESENTATIVES FARRAR, DONELON AND THOMPSON To amend and reenact the heading of Subpart B-27 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes of 1950, to enact R.S. 29:33.2 and R.S. 33:130.541.1, and to repeal R.S. 33:130.541 and 130.542 through 130.547, relative to the Esler Industrial Development District; to transfer ownership by cooperative endeavor of the immovable and movable property and assets of the Esler Industrial Development District to the military department of the state for use by the Louisiana National Guard; to authorize the Rapides Parish Police Jury to transfer certain property including Esler Field in Rapides Parish to the military department of the state; to repeal provisions creating the Esler Industrial Development District; to provide for the Esler Industrial Development Area Advisory Board and the powers and duties thereof; to provide for effective dates; and to provide for related matters. CHRIS ULLO Chairman The foregoing Senate Bills were signed by the President of the Senate. Message to the Governor SIGNED SENATE BILLS To the Honorable Governor of the State of Louisiana: The President of the Senate and the Speaker of the House of Representatives have signed the following Senate Bills: I am directed by your Committee on Senate and Governmental Affairs to submit the following report:
8th DAY'S PROCEEDINGS Page 7 SENATE SENATE BILL NO. 1 BY SENATORS HOLLIS, BOISSIERE, BEAN, CRAVINS, HOYT, MOUNT AND THEUNISSEN AND REPRESENTATIVES MURRAY, PRATT AND WELCH To amend and reenact R.S. 27:243(C) and 270(A)(3)(a) and to enact R.S. 17:421.7 and R.S. 27:241.1 and R.S. 27:244(A)(11) and (12), relative to the land-based casino; to reduce the annual minimum compensation payments; to authorize the casino gaming operator to offer certain seated restaurant facilities and food services; to authorize the casino gaming operator to lease or operate certain businesses in the official gaming establishment; to provide for restrictions on advertising; to prohibit the offering of onsite lodging in the official gaming establishment; to authorize the casino gaming operator to offer certain offsite lodging; to provide for complimentary offerings and discounts and restrictions thereof; to delete restrictions on the sale of products; to provide for the authority of the Gaming Control Board to set aside or renegotiate, amend, approve, execute, and implement an amendment of the casino operating contract and issue or modify regulatory approvals related thereto; to provide for the dedication of certain revenues; to establish a special fund in the state treasury and to provide for the deposit of certain monies into the fund; to provide for the use of monies in the fund; to provide for the allocation of appropriations from the state general fund in the event that the monies in the special fund are not available for appropriation for the dedications in this Act; and to provide for related matters. and they are hereby presented for executive approval. Leaves of Absence MICHAEL S. BAER, III Secretary of the Senate The following leaves of absence were asked for and granted: Irons 1 Day ½ Day Adjournment Senator moved that the Senate adjourn until Thursday, March 22, 2001, at 9:00 o'clock A.M. The President of the Senate declared the Senate adjourned until 9:00 o'clock A.M. on Thursday, March 22, 2001. MICHAEL S. BAER, III Secretary of the Senate GAYE F. HAMILTON Journal Clerk