OFFICIAL JOURNAL OF THE SENATE OF THE STATE OF LOUISIANA EIGHTH 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 Thursday, The Senate was called to order at 1:30 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 38 Total 1 The President of the Senate announced there were 38 Senators present and a quorum. Prayer The prayer was offered by Senator B. Jones, 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 B. Jones, 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 PASSED SENATE BILLS AND JOINT 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 the following Senate Bills and Joint Resolutions: SENATE BILL NO. 27 BY SENATORS THEUNISSEN, HAINKEL, DARDENNE AND SCHEDLER AND REPRESENTATIVES CRANE, DEWITT, MCMAINS AND BRUNEAU To amend and reenact R.S. 17:3048.1(T), relative to eligibility qualifications for awards pursuant to the Tuition Opportunity Program for Students for students graduating from Louisiana nonpublic schools that are approved by the State Board of Elementary and Secondary Education and also meet other specified standards; to provide that certain nonpublic schools shall have until the 2002-2003 school year to meet the other specified standards; to provide for an effective date; and to provide for related matters. Reported with amendments. SENATE BILL NO. 9 BY SENATOR GAUTREAUX To amend and reenact R.S. 33:132(B)(2), relative to regional planning commissions; to allow certain members of the Houma-Terrebonne Regional Planning Commission to receive compensation under certain conditions; and to provide for related matters. SENATE BILL NO. 11 BY SENATOR SCHEDLER To enact R.S. 16:16.2, relative to district attorneys; to authorize a nonrefundable court cost to be paid to the Twenty-Second Judicial District to defray prosecutive expenses; and to provide for related matters. SENATE BILL NO. 23 BY SENATORS THEUNISSEN, HAINKEL AND DARDENNE AND REPRESENTATIVES CRANE, DEWITT AND MCMAINS To amend and reenact R.S. 17:3883(A)(5), (6), and (7), and (B)(2), 3903(A) and 3904(A)(1), to enact R.S. 17:3883(B)(5) and 3905, and to repeal R.S. 17:3883(A)(8), relative to the evaluation of school personnel; to provide relative to the powers and duties of the State Board of Elementary and Secondary Education; to provide relative to the monitoring of evaluation programs by the state Department of Education; to provide relative to the implementation of such programs; to provide for sanctions; to provide for submission of certain documentation; and to provide for related matters. SENATE BILL NO. 24 BY SENATORS THEUNISSEN, HAINKEL AND DARDENNE AND REPRESENTATIVES CRANE, DEWITT AND MCMAINS To amend and reenact R.S. 17:238, relative to school attendance; to specifically require city and parish school boards to have a policy regarding the placement and education of foster children; to prohibit denial of enrollment because the child is in foster care; and to provide for related matters.
Page 2 SENATE 8th DAY'S PROCEEDINGS Respectfully submitted, ALFRED W. SPEER Clerk of the House of Representatives Total 7 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: 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 CONCURRENT RESOLUTION NO. 19 BY SENATOR MARIONNEAUX To commend and congratulate the 1999-2000 LSU Men's Basketball Team and Coach John Brady and his staff on an outstanding season and on providing unforgettable memories. The resolution was read by title. Senator moved to adopt the Senate Concurrent Resolution. Total 32 The Chair declared the Senate had adopted the Senate Concurrent Resolution and ordered it sent to the House. SENATE CONCURRENT RESOLUTION NO. 20 BY SENATOR MARIONNEAUX To commend and congratulate the 1999-2000 LSU Women's Basketball Team and Coach Sue Gunter and her staff. The resolution was read by title. Senator moved to adopt the Senate Concurrent Resolution. SENATE CONCURRENT RESOLUTION NO. 18 BY SENATORS BOISSIERE, BAJOIE, JOHNSON AND IRONS To commend and congratulate Joseph Bouie, Jr. on being selected as the chancellor of Southern University Agricultural and Mechanical College in New Orleans. Respectfully submitted, ALFRED W. SPEER Clerk of the House of Representatives Introduction of Senate Concurrent Resolutions Total 32 Total 7 The Chair declared the Senate had adopted the Senate Concurrent Resolution and ordered it sent to the House. 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 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:
8th DAY'S PROCEEDINGS HOUSE BILL NO. 197 BY REPRESENTATIVES DEWITT AND MCMAINS AND SENATORS HAINKEL AND DARDENNE To amend and reenact R.S. 30:2484(10), relative to the oil spill contingency fund; to extend the time limit for the completion of the environmental baseline inventory; to provide for disbursement of funds; and to provide for related matters. HOUSE BILL NO. 91 BY REPRESENTATIVES DIEZ, DEWITT, AND MCMAINS AND SENATORS HAINKEL AND DARDENNE To amend and reenact R.S. 32:388(B)(1), relative to weight regulations on vehicles; to increase the penalties for overweight vehicles; to provide for exceptions; and to provide for related matters. HOUSE BILL NO. 132 BY REPRESENTATIVES DEWITT AND MCMAINS AND SENATORS HAINKEL AND DARDENNE To amend and reenact R.S. 37:3103(A)(11), 3113, 3116, 3117(B) and (C), and 3118 and to repeal Part V of Chapter 42 of Title 37 of the Louisiana Revised Statutes of 1950, comprised of R.S. 37:3144 through 3148, relative to the Louisiana Auctioneers Licensing Board; to provide for the licensure of auction businesses; to provide relative to fees assessed by the board; to require bonds of applicants and licensees; to delete provisions relative to the Auctioneers Recovery Fund; and to provide for related matters. HOUSE BILL NO. 166 BY REPRESENTATIVES DUPRE, DEWITT, AND MCMAINS AND SENATORS HAINKEL, CAIN, AND DARDENNE To enact R.S. 32:300, relative to motor vehicles; to prohibit the possession of open alcoholic beverage containers in motor vehicles; to prohibit the consumption of alcoholic beverages in the passenger area of motor vehicles; to provide for definitions; to provide for penalties; to provide relative to enforcement; and to provide for related matters. Respectfully submitted, ALFRED W. SPEER Clerk of the House of Representatives House Bills and Joint Resolutions Senator asked for and obtained a suspension of the rules to take up at this time the following House Bills and Joint 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 BILL NO. 91 BY REPRESENTATIVES DIEZ, DEWITT, AND MCMAINS AND SENATORS HAINKEL AND DARDENNE To amend and reenact R.S. 32:388(B)(1), relative to weight regulations on vehicles; to increase the penalties for overweight vehicles; to provide for exceptions; and to provide for related matters. On motion of Senator, the bill was read by title and referred to the Committee on Transportation, Highways, and Public Works. HOUSE BILL NO. 132 BY REPRESENTATIVES DEWITT AND MCMAINS AND SENATORS HAINKEL AND DARDENNE To amend and reenact R.S. 37:3103(A)(11), 3113, 3116, 3117(B) and (C), and 3118 and to repeal Part V of Chapter 42 of Title 37 of the Louisiana Revised Statutes of 1950, comprised of R.S. 37:3144 through 3148, relative to the Louisiana Auctioneers Licensing Board; to provide for the licensure of auction businesses; to provide relative to fees assessed by the board; to require bonds Page 3 SENATE of applicants and licensees; to delete provisions relative to the Auctioneers Recovery Fund; and to provide for related matters. On motion of Senator, the bill was read by title and referred to the Committee on Agriculture. HOUSE BILL NO. 166 BY REPRESENTATIVES DUPRE, DEWITT, AND MCMAINS AND SENATORS HAINKEL, CAIN, AND DARDENNE To enact R.S. 32:300, relative to motor vehicles; to prohibit the possession of open alcoholic beverage containers in motor vehicles; to prohibit the consumption of alcoholic beverages in the passenger area of motor vehicles; to provide for definitions; to provide for penalties; to provide relative to enforcement; and to provide for related matters. On motion of Senator, the bill was read by title and referred to the Committee on Judiciary C. HOUSE BILL NO. 197 BY REPRESENTATIVES DEWITT AND MCMAINS AND SENATORS HAINKEL AND DARDENNE To amend and reenact R.S. 30:2484(10), relative to the oil spill contingency fund; to extend the time limit for the completion of the environmental baseline inventory; to provide for disbursement of funds; and to provide for related matters. On motion of Senator, the bill was read by title and referred to the Committee on Natural Resources. 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 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. 36 BY REPRESENTATIVE CROWE To recognize and commend the Slidell Junior Auxiliary for the generous and constructive contributions of its members to the community and for providing humanitarian assistance to those in need and to encourage appropriate observance of Junior Auxiliary Week, April 3 through 8, 2000. HOUSE CONCURRENT RESOLUTION NO. 37 BY REPRESENTATIVE CROWE To proclaim the week of March 27th through 31st as "Tax Equity and Fiscal Responsibility Act" (TEFRA) Awareness Week. HOUSE CONCURRENT RESOLUTION NO. 38 BY REPRESENTATIVE SHAW To commend and congratulate William Joyce upon his exhibit of original artwork at the Louisiana Arts and Science Center and to recognize his outstanding contributions to the field of children's literature.
Page 4 SENATE HOUSE CONCURRENT RESOLUTION NO. 39 BY REPRESENTATIVE CRANE To commend the Great American Cleanup project for its contributions to improving the environment of the state, to proclaim April of 2000 as Keep America Beautiful Month throughout the state of Louisiana, and to designate April 8, 2000, as Great American Cleanup Day in Greater Baton Rouge. 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. 36 BY REPRESENTATIVE CROWE To recognize and commend the Slidell Junior Auxiliary for the generous and constructive contributions of its members to the community and for providing humanitarian assistance to those in need and to encourage appropriate observance of Junior Auxiliary Week, April 3 through 8, 2000. The resolution was read by title. Senator Hainkel moved to concur in the House Concurrent Resolution. Total 31 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. 37 BY REPRESENTATIVE CROWE To proclaim the week of March 27th through 31st as "Tax Equity and Fiscal Responsibility Act" (TEFRA) Awareness Week. The resolution was read by title. Senator Hainkel moved to concur in the House Concurrent Resolution. 8th DAY'S PROCEEDINGS Total 32 Total 7 The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. HOUSE CONCURRENT RESOLUTION NO. 38 BY REPRESENTATIVE SHAW To commend and congratulate William Joyce upon his exhibit of original artwork at the Louisiana Arts and Science Center and to recognize his outstanding contributions to the field of children's literature. The resolution was read by title. Senator moved to concur in the House Concurrent Resolution. Total 32 Total 7
8th DAY'S PROCEEDINGS The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. HOUSE CONCURRENT RESOLUTION NO. 39 BY REPRESENTATIVE CRANE To commend the Great American Cleanup project for its contributions to improving the environment of the state, to proclaim April of 2000 as Keep America Beautiful Month throughout the state of Louisiana, and to designate April 8, 2000, as Great American Cleanup Day in Greater Baton Rouge. The resolution was read by title. Senator moved to concur in the House Concurrent Resolution. Total 32 Total 7 The Chair declared the Senate had concurred in the House Concurrent Resolution and ordered it returned to the House. Reports of Committees The following reports of committees were received and read: REPORT OF COMMITTEE ON REVENUE AND FISCAL AFFAIRS Senator, Chairman on behalf of the Committee on Revenue and Fiscal Affairs, submitted the following report: To the President and Members of the Senate: I am directed by your Committee on Revenue and Fiscal Affairs to submit the following report: SENATE BILL NO. 90 BY SENATORS MOUNT, CAIN AND THEUNISSEN AND REPRESENTATIVES FLAVIN, GUILLORY, HILL, JOHNS, MORRISH AND STELLY To enact Chapter 41 of Title 33 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 33:9571, relative to the creation of Page 5 SENATE a special taxing district in Calcasieu Parish; to create such district; to provide for the purpose for which such district is created; to provide for the governance of the district; to provide for the powers, duties, and functions of the district, including the power to levy a tax and assess fees; and to provide for related matters. Reported favorably. SENATE BILL NO. 106 BY SENATOR ELLINGTON To amend and reenact R.S. 47:1837(C)(4), 1856(A),(D),(E), and (F), 1857(B), 1989(A), 1998(A)(1) and 2110(A) and (E) and to enact R.S. 47:1852.1, 1989(F) and 1998.1, relative to ad valorem tax procedures; to provide for contesting final determinations of the Louisiana Tax Commission; to provide for procedures dealing with the payment of ad valorem taxes under protest generally; to modify certain tax procedures regarding withholding and aggregating ad valorem taxes due into separate funds during litigation; to provide for procedure to expedite the trial and disposition of taxes; and to provide for related matters. Reported with amendments. HOUSE BILL NO. 36 BY REPRESENTATIVES HAMMETT AND DEWITT To enact R.S. 47:302(O) and 331(M), relative to the state sales and use tax; to provide relative to the effectiveness of certain exemptions to the tax; and to provide for related matters. Reported favorably. HOUSE BILL NO. 155 BY REPRESENTATIVE JOHNS To enact R.S. 27:392(B)(3)(c), relative to the disposition of certain proceeds derived from slot machine gaming at a live horse racing facility in Calcasieu Parish; to create the Calcasieu Parish Education Excellence Fund in the state treasury; to provide for the deposit of certain monies into the fund; to provide for the allowable uses of monies in the fund; and to provide for related matters. Reported with amendments. HOUSE BILL NO. 156 BY REPRESENTATIVES JOHNS, FLAVIN, GUILLORY, HILL, MORRISH, AND STELLY AND SENATORS CAIN, MOUNT, AND THEUNISSEN To enact Chapter 41 of Title 33 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 33:9571, relative to the creation of a special taxing district in Calcasieu Parish; to create such district; to provide for the purpose for which such district is created; to provide for the governance of the district; to provide for the powers, duties, and functions of the district, including the power to levy a tax and assess fees; and to provide for related matters. Reported favorably. HOUSE BILL NO. 174 BY REPRESENTATIVE HAMMETT AND SENATOR BARHAM To amend and reenact R.S. 6:327(B), 372(C)(5)(b), and 770(B), R.S. 9:153(1), R.S. 12:145(F) and 253(E), and R.S. 33:4067.1, relative to the Uniform Unclaimed Property Act of 1997; to move the administration of such Act to the Department of the Treasury; and to provide for related matters. Reported with amendments. Respectfully submitted, ROBERT J. BARHAM
Page 6 SENATE 8th DAY'S PROCEEDINGS Chairman Reported favorably. REPORT OF COMMITTEE ON HOUSE BILL NO. 161 FINANCE Senator, Chairman on behalf of the Committee on Finance, submitted the following report: To the President and Members of the Senate: I am directed by your Committee on Finance to submit the following report: HOUSE BILL NO. 42 BY REPRESENTATIVE LEBLANC To amend and reenact R.S. 39:87.4(A), relative to performance-based budgeting; to provide for circumstances under which rewards and penalties may be granted; and to provide for related matters. Reported favorably. HOUSE BILL NO. 102 BY REPRESENTATIVES CROWE, THOMPSON, DOWNER, FRITH, FRUGE, GLOVER, HEBERT, JOHNS, MCDONALD, NEVERS, PERKINS, POWELL, RICHMOND, ROMERO, STRAIN, AND TRAVIS To amend and reenact R.S. 38:2251(B)(3), (D), (E), (G), and (H)(1) and (3) and R.S. 39:1595(B) and (D) through (G), 1595.3, and 1595.5(A), reenact R.S. 38:2251(B)(3), (D), (E), (G), and (H)(1) and (3) and R.S. 39:1595(B) and (D) through (G), 1595.3, and 1595.5(A), and to enact R.S. 38:2251(J) and R.S. 39:1595(H) and (I), all relative to certain Public Bid Law and central purchasing procurement preferences of the procurement code; to provide for raising certain purchasing and procurement preferences to ten percent; and to provide for related matters. Reported favorably. HOUSE BILL NO. 114 BY REPRESENTATIVES DEWITT AND MCMAINS AND SENATORS HAINKEL AND DARDENNE To enact R.S. 39:1482(K), relative to procurement of services; to exempt certain contracts of public institutions of higher education and agencies of higher education from requirements of Chapter 16 of Title 39 in certain circumstances; to provide for requirements for such exempt procurements; and to provide for related matters. Reported favorably. HOUSE BILL NO. 143 BY REPRESENTATIVE MCMAINS To amend and reenact R.S. 42:821(A)(4) and 851(A)(4), all relative to state group insurance; to provide for duration of private contracts for group insurance coverages; and to provide for related matters. Reported favorably. HOUSE BILL NO. 152 BY REPRESENTATIVE MCMAINS To amend and reenact R.S. 42:851(A)(1)(c)(i) and (5)(b)(i) and (iii) and to repeal R.S. 42:881, relative to the State Employees Group Benefits Program health and accident benefit programs; to provide for rating classifications of members; to repeal the requirement for risk rating employees of certain entities which became participants in the State Employees Group Benefits Program on or after July 1, 1993; and to provide for related matters. BY REPRESENTATIVE LEBLANC AND SENATOR DARDENNE To amend and reenact R.S. 13:5062(9)(a) and (10) and 5063(C)(2)(b), relative to requirements for certain tobacco product manufacturers who did not participate in the Master Settlement Agreement; to make certain technical changes; and to provide for related matters. Reported favorably. HOUSE BILL NO. 163 (Duplicate of Senate Bill No. 83) BY REPRESENTATIVES DEWITT, MCMAINS, AND THOMPSON AND SENATORS HAINKEL AND DARDENNE To amend and reenact R.S. 38:2223(A)(1) and to enact R.S. 39:1556(28), relative to the public contracts; to provide for the definition of "written" and "in writing" in the Louisiana Procurement Code and concerning the issuance of work orders and the commencement of work under the public bid law; and to provide for related matters. Reported with amendments. REPORT OF COMMITTEE ON JUDICIARY C Respectfully submitted, JAY DARDENNE Chairman Senator, Chairman on behalf of the Committee on Judiciary C, submitted the following report: To the President and Members of the Senate: I am directed by your Committee on Judiciary C to submit the following report: SENATE BILL NO. 115 BY SENATOR HEITMEIER To enact R.S. 13:2113 and R.S. 38:306.1, relative to courts; to provide for imposition, deposit and use of certain traffic court fees; to provide for a special operational expense fund for levee districts within whose jurisdictional boundaries is located any municipality with a population in excess of four hundred fifty thousand; to provide for an effective date; and to provide for related matters. Reported with amendments. HOUSE BILL NO. 15 BY REPRESENTATIVE MARTINY To enact R.S. 33:1433(D), relative to deputy sheriffs; to provide for law enforcement authority and jurisdiction to deputy sheriffs who are members of certain task forces; and to provide for related matters. Reported favorably. HOUSE BILL NO. 19 BY REPRESENTATIVES SCALISE, WARNER, AND RICHMOND To enact R.S. 40:964(Schedule II)(D)(3), relative to controlled dangerous substances; to add Gamma Butyrolactone as a Schedule II depressant; and to provide for related matters. Reported favorably.
8th DAY'S PROCEEDINGS HOUSE BILL NO. 33 BY REPRESENTATIVE WINDHORST To amend and reenact R.S. 14:98(C)(2), relative to criminal penalties for the crime of operating a vehicle while intoxicated; to provide with regard to imposition of sentence without benefit of parole, probation, or suspension of sentence; and to provide for related matters. Reported favorably. HOUSE BILL NO. 151 BY REPRESENTATIVE MURRAY To amend and reenact Code of Criminal Procedure Article 324(B) and to enact Code of Criminal Procedure Article 324(E), relative to bail in criminal matters; to authorize the clerk of court to deposit monies deposited for bail into an interest bearing account; to provide for the use of the interest earnings; and to provide for related matters. Reported favorably. Respectfully submitted, ARTHUR J. "ART" LENTINI Chairman Senate Bills and Joint Resolutions on Second Reading Reported by Committees Senator asked for and obtained a suspension of the rules to take up at this time the following Senate Bills and Joint Resolutions just reported by Committees. SENATE BILL NO. 90 BY SENATORS MOUNT, CAIN AND THEUNISSEN AND REPRESENTATIVES FLAVIN, GUILLORY, HILL, JOHNS, MORRISH AND STELLY To enact Chapter 41 of Title 33 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 33:9571, relative to the creation of a special taxing district in Calcasieu Parish; to create such district; to provide for the purpose for which such district is created; to provide for the governance of the district; to provide for the powers, duties, and functions of the district, including the power to levy a tax and assess fees; and to provide for related matters. Reported favorably by the Committee on Revenue and Fiscal Affairs. On motion of Senator, the bill was read by title and passed to a third reading. SENATE BILL NO. 106 BY SENATOR ELLINGTON To amend and reenact R.S. 47:1837(C)(4), 1856(A),(D),(E), and (F), 1857(B), 1989(A), 1998(A)(1) and 2110(A) and (E) and to enact R.S. 47:1852.1, 1989(F) and 1998.1, relative to ad valorem tax procedures; to provide for contesting final determinations of the Louisiana Tax Commission; to provide for procedures dealing with the payment of ad valorem taxes under protest generally; to modify certain tax procedures regarding withholding and aggregating ad valorem taxes due into separate funds during litigation; to provide for procedure to expedite the trial and disposition of taxes; and to provide for related matters. Reported with amendments by the Committee on Revenue and Fiscal Affairs. SENATE COMMITTEE AMENDMENTS Page 7 SENATE Amendments proposed by Senate Committee on Revenue and Fiscal Affairs to Original Senate Bill No. SB 106 by Senator AMENDMENT NO. 1 On page 1, line 3, after "1989(A)" insert ", (B), and (D)" and at the end of the line insert "1903.3," AMENDMENT NO. 2 On page 1, line 13, after "1989(A)" insert ", (B), and (D)" AMENDMENT NO. 3 On page 1, line 14, after "1852.1," insert "1903.3," AMENDMENT NO. 4 On page 2, line 15, change "tax commission" to "Louisiana Tax Commission" AMENDMENT NO. 5 On page 4, line 11, after "determination." delete the remainder of the line and lines 12 through 16 in their entirety. AMENDMENT NO. 6 On page 4, line 17, change "2." to (2) AMENDMENT NO. 7 On page 4, line 21, change "3." to (3) AMENDMENT NO. 8 On page 4, line 26, after "public service property" insert a period "." and delete the remainder of the line. AMENDMENT NO. 9 On page 4, at the beginning of line 27, delete "or thirty days in the case of real property." AMENDMENT NO. 10 On page 5, line 2, after "protest" insert "filed in a different tax year" AMENDMENT NO. 11 On page 5, line 20, change "tried" to "heard" AMENDMENT NO. 12 On page 5, delete lines 23 through 27 and insert in lieu thereof the following: "(3) Any appeal from a judgment of the district court shall be heard by preference within sixty days of the lodging of the record in the Court of Appeal. The appeal shall be taken thirty days from the date the judgment of the district court is rendered. If such appeal is timely filed, any amount of taxes that were paid under protest pursuant to Subsection (E) of this Section shall remain segregated and invested pursuant to Subsection E of this Section and no bond or other security shall be necessary to perfect such appeal. (4) In the event the Supreme Court grants a writ of certiorari the court shall hear the appeal on the next regular docket of the court." AMENDMENT NO. 12 On page 5, delete lines 1 through 3 AMENDMENT NO. 14 On page 6, line 12, change "tax payer" to "taxpayer" AMENDMENT NO. 15 On page 7, line 21, change "tried" to "heard" AMENDMENT NO. 16 On page 7, delete lines 24 through 27 and on page 8, delete lines 1 through 4 and insert:
Page 8 SENATE "(c) Any appeal from a judgment of the district court shall be heard by preference within sixty days of the lodging of the record in the Court of Appeal. The appeal shall be taken thirty days from the date the judgment of the district court is rendered. If such appeal is timely filed, any amount of taxes that were paid under protest pursuant to R.S. 47:1856(E) shall remain segregated and invested pursuant to that Subsection and no bond or other security shall be necessary to perfect such appeal. (d) In the event the Supreme Court grants a writ of certiorari the court shall hear the appeal on the next regular docket of the court. * * *" AMENDMENT NO. 17 On page 8, between lines 15 and 16, insert: " 1903.3 Assessors; authority to intervene R.S. 47:1903.3 is all proposed new law. Notwithstanding any other law to the contrary, in any cause of action brought under the provisions of R.S. 47:1856, 1857, 1998, or 2110, the assessor of the parish or district where the property is located may intervene in such suit and become a party thereto. * * *" AMENDMENT NO. 18 On page 8, line 17, delete "thirty ten" and insert "ten" AMENDMENT NO. 19 On page 8, between lines 21 and 22, insert the following: "B. The tax commission Louisiana Tax Commission shall consider the appeal of any taxpayer, bona fide representative of an affected tax-recipient body, or assessor dissatisfied with the determination of a local board of review. All documents filed in connection with any appeal shall be available for public inspection during the regular business hours of the Louisiana Tax Commission. * * * D. (1) All decisions by the tax commission are final unless appealed to the district court within thirty days. (2) The proceedings in such suit shall be heard by preference, whether or not out of term time, at such time as fixed by the district court. No new trial or rehearing shall be allowed. (3) Any appeal from a judgment of the district court shall be heard by preference within sixty days of the lodging of the record in the Court of Appeal. The appeal shall be taken thirty days from the date the judgment of the district court is rendered. If such appeal is timely filed, any amount of taxes that were paid under protest pursuant to R.S. 47:1856(E) shall remain segregated and invested pursuant to that Subsection and no bond or other security shall be necessary to perfect such appeal. (4) In the event the Supreme Court grants a writ of certiorari the court shall hear the appeal on the next regular docket of the court." AMENDMENT NO. 20 On page 9, line 20, after "(b)" insert "(i)" and change "tried" to "heard" AMENDMENT NO. 21 On page 9, line 22, after "allowed." delete the remainder of the line and insert in lieu thereof the following: "(ii) Any appeal from a judgment of the district court shall be heard by preference within sixty days of the lodging of the record in the Court of Appeal. The appeal shall be taken thirty days from the date the judgment of the district court is rendered. If such appeal is timely filed, any amount of taxes that were paid under protest pursuant to R.S. 47:1856(E) shall remain segregated and invested pursuant to that Subsection and no bond or other security shall be necessary to perfect such appeal. 8th DAY'S PROCEEDINGS (iii) In the event the Supreme Court grants a writ of certiorari the court shall hear the appeal on the next regular docket of the court." AMENDMENT NO. 22 On page 10, line 5, change "interests" to "interest" AMENDMENT NO. 23 On page 10, line 18, between "parish" and "assessor", insert "or district" AMENDMENT NO. 24 On page 11, at the beginning of line 2, change "either not in dispute, or is not" to "not neither in dispute, nor" AMENDMENT NO. 25 On page 11, line 19, after "parish" insert "or district," AMENDMENT NO. 26 On page 11, line 20, after "parishes" insert "or districts," On motion of Senator, the committee amendment was adopted. The amended bill was read by title and ordered engrossed and passed to a third reading. SENATE BILL NO. 115 BY SENATORS HEITMEIER, LENTINI AND ULLO To amend and reenact R.S. 13:2500.2(B)(1) and to enact R.S. 13:2113 and R.S. 38:306.1, relative to courts; to provide for imposition, deposit and use of certain traffic court fees; to provide for a special operational expense fund for levee districts within whose jurisdictional boundaries is located any municipality with a population in excess of four hundred fifty thousand; to provide for imposition and allocation of certain traffic court fees of the Traffic Court of New Orleans; to provide for an effective date; and to provide for related matters. Reported with amendments by the Committee on Judiciary C. SENATE COMMITTEE AMENDMENTS Amendments proposed by Senate Committee on Judiciary C to Original Senate Bill No. 115 by Senator AMENDMENT NO. 1 On page 1, line 2, between "To" and "enact" insert the following: "amend and reenact R.S. 13:2500.2(B) and to" AMENDMENT NO. 2 On page 1, line 6, between "thousand;" and "and to provide" insert the following: "to provide for imposition and allocation of certain traffic court fees of the Traffic Court of New Orleans;" AMENDMENT NO. 3 On page 2, between lines 24 and 25, insert the following: " 2500.2. Additional court costs to defray expenses * * * B. (1) (a) In all prosecutions in the Traffic Court of New Orleans, including all traffic violations other than parking, there shall be taxed as costs against every defendant, who is convicted after trial or plea of guilty or nolo contendere or who forfeits his bond, the sum of five dollars, which shall be in addition to all other fines, costs, or forfeitures lawfully imposed and which shall be transmitted to the clerk of the Municipal Court of New Orleans to be used by the court to defray its expenses.
8th DAY'S PROCEEDINGS Page 9 SENATE R.S. 13:2005.2(B)(1)(b) is all proposed new law. (b) Notwithstanding any other provision of law to the contrary, in all prosecutions in the Traffic Court of New Orleans, including all traffic violations other than parking, there shall be taxed as additional costs against every defendant, who is convicted after trial or plea of guilty or nolo contendere or who forfeits his bond, the sum of fifty cents on each violation, which shall be in addition to all other fines, costs, or forfeitures lawfully imposed. The additional fine imposed pursuant to this Subparagraph shall be collected by the clerk of the Traffic Court of New Orleans and shall be disbursed as follows: (i) Twenty percent shall be retained by the clerk to be used in the administration of the Traffic Court of New Orleans. (ii) Eighty percent shall be remitted daily by the clerk to the director of finance for the city of New Orleans who shall issue an appropriate receipt therefor to the clerk. Monies received by the director of finance for the city of New Orleans pursuant to this Subparagraph shall be paid monthly into the judicial fund of the HOUSE BILL NO. 42 Orleans Parish Juvenile Court. The judges of the Orleans Parish Juvenile Court may expend these additional monies in the fund for operating expenses, improvements, and necessities of the court." AMENDMENT NO. 4 On page 2, line 25, change "Section 3." to "Section 4." On motion of Senator, the committee amendment was adopted. The amended bill was read by title and ordered engrossed and passed to a third reading. House Bills and Joint Resolutions on Second Reading Reported by Committees Senator asked for and obtained a suspension of the rules to take up at this time the following House Bills and Joint Resolutions just reported by Committees. HOUSE BILL NO. 15 BY REPRESENTATIVE MARTINY To enact R.S. 33:1433(D), relative to deputy sheriffs; to provide for law enforcement authority and jurisdiction to deputy sheriffs who are members of certain task forces; and to provide for related matters. Reported favorably by the Committee on Judiciary C. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 19 BY REPRESENTATIVES SCALISE, WARNER, AND RICHMOND To enact R.S. 40:964(Schedule II)(D)(3), relative to controlled dangerous substances; to add Gamma Butyrolactone as a Schedule II depressant; and to provide for related matters. Reported favorably by the Committee on Judiciary C. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 33 BY REPRESENTATIVE WINDHORST To amend and reenact R.S. 14:98(C)(2), relative to criminal penalties for the crime of operating a vehicle while intoxicated; to provide with regard to imposition of sentence without benefit of parole, probation, or suspension of sentence; and to provide for related matters. Reported favorably by the Committee on Judiciary C. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 36 BY REPRESENTATIVES HAMMETT AND DEWITT To enact R.S. 47:302(O) and 331(M), relative to the state sales and use tax; to provide relative to the effectiveness of certain exemptions to the tax; and to provide for related matters. Reported favorably by the Committee on Revenue and Fiscal Affairs. Motion On motion of Senator, House Bill No. 36 was made Special Order of the Day, No. 1 on Friday, March 31, 2000 immediately following the Morning Hour. BY REPRESENTATIVE LEBLANC To amend and reenact R.S. 39:87.4(A), relative to performance-based budgeting; to provide for circumstances under which rewards and penalties may be granted; and to provide for related matters. Reported favorably by the Committee on Finance. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 102 BY REPRESENTATIVES CROWE, THOMPSON, DOWNER, FRITH, FRUGE, GLOVER, HEBERT, JOHNS, MCDONALD, NEVERS, PERKINS, POWELL, RICHMOND, ROMERO, STRAIN, AND TRAVIS To amend and reenact R.S. 38:2251(B)(3), (D), (E), (G), and (H)(1) and (3) and R.S. 39:1595(B) and (D) through (G), 1595.3, and 1595.5(A), reenact R.S. 38:2251(B)(3), (D), (E), (G), and (H)(1) and (3) and R.S. 39:1595(B) and (D) through (G), 1595.3, and 1595.5(A), and to enact R.S. 38:2251(J) and R.S. 39:1595(H) and (I), all relative to certain Public Bid Law and central purchasing procurement preferences of the procurement code; to provide for raising certain purchasing and procurement preferences to ten percent; and to provide for related matters. Reported favorably by the Committee on Finance. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 114 BY REPRESENTATIVES DEWITT AND MCMAINS AND SENATORS HAINKEL AND DARDENNE To enact R.S. 39:1482(K), relative to procurement of services; to exempt certain contracts of public institutions of higher education and agencies of higher education from requirements of Chapter 16 of Title 39 in certain circumstances; to provide for requirements for such exempt procurements; and to provide for related matters. Reported favorably by the Committee on Finance. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 143 BY REPRESENTATIVE MCMAINS To amend and reenact R.S. 42:821(A)(4) and 851(A)(4), all relative to state group insurance; to provide for duration of private contracts for group insurance coverages; and to provide for related matters.
Page 10 SENATE 8th DAY'S PROCEEDINGS Reported favorably by the Committee on Finance. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was AMENDMENT NO. 3 On page 2, line 6, after "Subparagraph." delete the remainder of the line read by title and referred to the Legislative Bureau. and delete line 7 and on line 8, delete "monies in the state general fund." HOUSE BILL NO. 151 BY REPRESENTATIVE MURRAY To amend and reenact Code of Criminal Procedure Article 324(B) and to enact Code of Criminal Procedure Article 324(E), relative to bail in criminal matters; to authorize the clerk of court to deposit monies deposited for bail into an interest bearing account; to provide for the use of the interest earnings; and to provide for related matters. Reported favorably by the Committee on Judiciary C. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 152 BY REPRESENTATIVE MCMAINS To amend and reenact R.S. 42:851(A)(1)(c)(i) and (5)(b)(i) and (iii) and to repeal R.S. 42:881, relative to the State Employees Group Benefits Program health and accident benefit programs; to provide for rating classifications of members; to repeal the requirement for risk rating employees of certain entities which became participants in the State Employees Group Benefits Program on or after July 1, 1993; and to provide for related matters. Reported favorably by the Committee on Finance. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 155 BY REPRESENTATIVE JOHNS To enact R.S. 27:392(B)(3)(c), relative to the disposition of certain proceeds derived from slot machine gaming at a live horse racing facility in Calcasieu Parish; to create the Calcasieu Parish Education Excellence Fund in the state treasury; to provide for the deposit of certain monies into the fund; to provide for the allowable uses of monies in the fund; and to provide for related matters. Reported with amendments by the Committee on Revenue and Fiscal Affairs. SENATE COMMITTEE AMENDMENTS Amendments proposed by the Senate Committee on Revenue and Fiscal Affairs to Engrossed House Bill No. 155 by Representative Johns AMENDMENT NO. 1 On page 2, line 1, after "(c)" insert "(i)" AMENDMENT NO. 2 On page 2, line 2, after "created" delete the remainder of the line, delete lines 3 and 4 and on line 5, delete "legislature" and insert the following: "as a special fund in the state treasury. All funds deposited into the fund shall be transferred to the depository of the Calcasieu Parish School Board. The principal of the Calcasieu Education Excellence Fund may not be appropriated and shall be used only for making income-producing investments. The school board shall invest the principal of the fund only in direct obligations of the United States government and in time certificates of deposit of state banks organized under the laws of Louisiana and national banks having their principal office in Louisiana. Earnings on principal may also be invested. However, the amount of earnings shall be kept account of separately from fund principal and shall be available for the school board to withdraw as provided in this Subparagraph. Such earnings may be withdrawn" AMENDMENT NO. 4 On page 2, delete lines 12 and 13 and insert the following: "(ii) Beginning January first of each year, the Calcasieu Parish School Board, on its own warrant, may withdraw from the fund an amount not to exceed the earnings which have accrued to the fund during the prior calendar year. (iii) The Calcasieu Parish School Board shall use earnings from the fund only for enhancements to the education program in Calcasieu Parish. Earnings may not be used for administrative, custodial, or maintenance expenses nor for capital expenses. Equipment and supplies purchased with such funds shall be for educational purposes only. Audits of the Calcasieu Parish School Board by the legislative auditor shall specifically address compliance with the provisions of this Subparagraph." On motion of Senator, the committee amendment was adopted. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the amended bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 156 BY REPRESENTATIVES JOHNS, FLAVIN, GUILLORY, HILL, MORRISH, AND STELLY AND SENATORS CAIN, MOUNT, AND THEUNISSEN To enact Chapter 41 of Title 33 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 33:9571, relative to the creation of a special taxing district in Calcasieu Parish; to create such district; to provide for the purpose for which such district is created; to provide for the governance of the district; to provide for the powers, duties, and functions of the district, including the power to levy a tax and assess fees; and to provide for related matters. Reported favorably by the Committee on Revenue and Fiscal Affairs. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 161 BY REPRESENTATIVE LEBLANC AND SENATOR DARDENNE To amend and reenact R.S. 13:5062(9)(a) and (10) and 5063(C)(2)(b), relative to requirements for certain tobacco product manufacturers who did not participate in the Master Settlement Agreement; to make certain technical changes; and to provide for related matters. Reported favorably by the Committee on Finance. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 163 (Duplicate of Senate Bill No. 83) BY REPRESENTATIVES DEWITT, MCMAINS, AND THOMPSON AND SENATORS HAINKEL AND DARDENNE To amend and reenact R.S. 38:2223(A)(1) and to enact R.S. 39:1556(28), relative to the public contracts; to provide for the definition of "written" and "in writing" in the Louisiana Procurement Code and concerning the issuance of work orders and the commencement of work under the public bid law; and to provide for related matters. Reported with amendments by the Committee on Finance. SENATE COMMITTEE AMENDMENTS Amendments proposed by Senate Committee on Finance to Engrossed House Bill No. 163 by Representative DeWitt, et al AMENDMENT NO. 1
8th DAY'S PROCEEDINGS Page 11 SENATE On page 3, after line 4, add the following: "Section 3. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval." On motion of Senator, the committee amendment was adopted. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the amended bill was read by title and referred to the Legislative Bureau. HOUSE BILL NO. 174 SENATE COMMITTEE AMENDMENTS BY REPRESENTATIVE HAMMETT AND SENATOR BARHAM Amendments proposed by Senate Committee on Health and Welfare to To amend and reenact R.S. 6:327(B), 372(C)(5)(b), and 770(B), R.S. 9:153(1), R.S. 12:145(F) and 253(E), and R.S. 33:4067.1, relative Original Senate Concurrent Resolution No. 13 by Senator AMENDMENT NO. 1 to the Uniform Unclaimed Property Act of 1997; to move the administration of such Act to the Department of the Treasury; and On page 3, line 3, between "of" and "administration" delete "the division of" to provide for related matters. On motion of Senator, the committee amendment was Reported with amendments by the Committee on Revenue and adopted. Fiscal Affairs. SENATE COMMITTEE AMENDMENTS Amendments proposed by Senate Committee on Revenue and Fiscal Affairs to Engrossed House Bill No. 174 by Representative Hammett AMENDMENT NO. 1 On page 1, line 3, before "relative", insert "and to enact R.S. 9:161(C)," AMENDMENT NO. 2 On page 5, between lines 15 and 16, insert the following: "Section 5. R.S. 9:161(C) is hereby enacted to read as follows: 161. Notice and publication of lists of abandoned property * * * R.S. 9:161(C) is all proposed new law C. The administrator shall, not less than 30 days prior to any notice of unclaimed property being published in any newspaper, mail each legislator a list of the names and addresses of all unclaimed property owners by parish of last known residence for the parishes in the legislator's district and the amount of property unclaimed." AMENDMENT NO. 3 On page 5, at the beginning of line 16, Change "5" to "6" On motion of Senator, the committee amendment was adopted. Under the provisions of Joint Rule No. 3 of the Rules of the Senate, the amended bill was read by title and referred to the Legislative Bureau. Senate Concurrent Resolutions on Second Reading Reported by Committees The following Senate Concurrent Resolutions reported by Committees were taken up and acted upon as follows: SENATE CONCURRENT RESOLUTION NO. 13 BY SENATOR SCHEDLER To urge and request the Department of Health and Hospitals and the division of administration, when leasing or selling any state-owned properties used for inpatient care for persons with serious mental illness, including children and adolescents with serious emotional disturbances, to do so at fair market value and to place the proceeds of all such transactions in a state mental health trust fund to be dedicated in part to assure the availability and provision of community-based mental health services to such persons. Reported with amendments by the Committee on Health and Welfare. On motion of Senator, the amended resolution was read by title and returned to the Calendar, subject to call. Senate Resolutions on Third Reading and Final Passage The following Senate Resolutions on third reading and final passage were taken up and acted upon as follows: SENATE RESOLUTION NO. 3 BY SENATOR LENTINI A RESOLUTION To adopt Senate Rule No. 1.1(D) of the Senate Rules of Order, to prohibit the possession, custody, and use of a dangerous weapon in any part of the capitol building that is set apart for the use of the Senate and its officers; and to provide for enforcement and exceptions. The resolution was read by title. Senator moved to adopt the Senate Resolution. Total 29 Total 1
Page 12 SENATE Total 9 The Chair declared the Senate had adopted the Senate Resolution. Senate Bills and Joint Resolutions on Third Reading and Final Passage The following Senate Bills and Joint Resolutions on third reading and final passage were taken up and acted upon as follows: SENATE BILL NO. 10 BY SENATOR CAIN AND REPRESENTATIVE SALTER To amend and reenact R.S. 38:2337 and to enact R.S. 42:1123(27), relative to boards and commissions; to provide relative to the Sabine River Authority; to provide for the applicability of certain contract and procurement laws; to provide exceptions; and to provide for related matters. Floor Amendments Sent Up Senator sent up floor amendments which were read. SENATE FLOOR AMENDMENTS Amendments proposed by Senator to Engrossed Senate Bill No. 10 by Senator and Representative Salter AMENDMENT NO. 1 On page 1, line 2, between enact and before "R.S. 42:1123(27) insert R.S. 41:141 and AMENDMENT NO. 2 On page 3, between lines 3 and 4, insert the following: Section 2. R.S. 41:141 is enacted to read as follows: 141. Sale, exchange or lease of state land; Sabine River Authority R.S. 41:141 is all proposed new law. Notwithstanding any other provision of law to the contrary, the Sabine River Authority may sell, lease for a term of up to ninety-nine years, exchange, or otherwise dispose of any real estate, or portion thereof, to political or public corporations, municipalities, other state agencies, departments, or boards, or private persons, without the necessity of advertisement or bid, if the property sold, exchanged, or leased is dedicated for the purpose of creating a hotel or resort complex in Vernon and/or Sabine parishes in cooperation with Sabine River Authority, state of Louisiana and the governing authority of each appropriate local government. AMENDMENT NO. 3 On page 3, line 4, change Section 2. to Section 3. AMENDMENT NO. 4 On page 3, line 21, change Section. 3" to Section. 4" On motion of Senator, the amendments were adopted. The bill was read by title. Senator moved final passage of the amended bill. 8th DAY'S PROCEEDINGS Total 30 Total 9 The Chair declared the amended bill was passed. The title was read and adopted. Senator moved to reconsider the vote by which the bill was passed and laid the motion on the table. SENATE BILL NO. 61 BY SENATOR C. JONES To amend and reenact R.S. 15:574.4(A)(3) and to enact R.S. 15:574.4(A)(4), relative to parole eligibility; to provide with respect to parole eligibility for certain prisoners; to provide for conditions of parole; and to provide for related matters. On motion of Senator C. Jones, the bill was read by title and returned to the Calendar, subject to call. SENATE BILL NO. 85 BY SENATORS ULLO AND HAINKEL To enact R.S. 18:1908, relative to the creation of certain election districts; to provide for the use of certain population data for districting, redistricting, remapping, or reapportionment purposes; and to provide for related matters. The bill was read by title. Senator moved the final passage of the bill. Total 24