OFFICIAL JOURNAL - Louisiana House of...

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OFFICIAL JOURNAL

OF THE

HOUSE OFREPRESENTATIVES

OF THE

STATE OF LOUISIANA

ELEVENTH DAY'S PROCEEDINGS

Thirty-seventh Regular Session of the LegislatureUnder the Adoption of the

Constitution of 1974

House of RepresentativesState Capitol

Baton Rouge, Louisiana

Wednesday, May 11, 2011

The House of Representatives was called to order at 2:00 P.M.,by the Honorable Jim Tucker, Speaker of the House ofRepresentatives.

Morning Hour

ROLL CALL

The roll being called, the following members answered to theirnames:

PRESENT

Mr. Speaker Gallot McVeaAbramson Geymann MonicaAnders Gisclair MontoucetArnold Greene MorenoAubert Guillory MorrisBadon, A. Guinn NortonBadon, B. Hardy NowlinBaldone Harrison PearsonBarras Hazel PontiBarrow Henderson PopeBilliot Henry PughBishop Hensgens RichardBrossett Hill RichardsonBurford Hines RitchieBurns, H. Hoffmann RobideauxBurns, T. Honore RoyBurrell Howard SchroderCarmody Hutter SeabaughCarter Huval SimonChampagne Jackson, G. SmileyChandler Jackson, M. Smith, G.Chaney Johnson Smith, J.Connick Jones, R. Smith, P.Cortez Jones, S. St. GermainCromer Katz StiaesDanahay Kleckley TalbotDixon LaBruzzo TempletDoerge Lambert ThibautDove Landry ThierryDowns LeBas WhiteEdwards Leger Williams

Ellington Ligi WillmottFannin Little WootonFoil LopintoFranklin Lorusso Total - 103

The Speaker announced that there were 103 members presentand a quorum.

Prayer

Prayer was offered by Dr. Leo Miller, Pastor of First BaptistChurch of Denham Springs.

Pledge of Allegiance

Rep. Rosalind Jones led the House in reciting the Pledge ofAllegiance to the Flag of the United States of America.

The Broussard Middle School choir, Mallory Royer, AlannieCretien, Katelyn Girouard, and Victoria Richard, sang The NationalAnthem.

Reading of the Journal

On motion of Rep. Brossett, the reading of the Journal wasdispensed with.

On motion of Rep. Brossett, the Journal of May 10, 2011, wasadopted.

Acting Speaker Schroder in the Chair

Petitions, Memorials, andCommunications

The following petitions, memorials, and communications werereceived and read:

Message from the Senate

HOUSE CONCURRENT RESOLUTIONS

May 11, 2011

To the Honorable Speaker and Members of the House ofRepresentatives:

I am directed to inform your honorable body that the Senate hasconcurred in the following House Concurrent Resolutions:

House Concurrent Resolution No. 24Returned without amendments



Respectfully submitted,

GLENN A. KOEPPSecretary of the Senate


SENATE BILLS

May 11, 2011


HOUSE11th Day's Proceedings - M ay 11, 2011

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I am directed to inform your honorable body that the Senatehas finally passed the following Senate Bills:

Senate Bill Nos. 55, 161, and 208



Senate Bills and Joint Resolutionson First Reading

The following Senate Bills and Joint Resolutions on firstreading were taken up, read, and placed upon the calendar for theirsecond reading:

SENATE BILL NO. 55—BY SENATOR MURRAY

AN ACTTo amend and reenact R.S. 26:359(A), the introductory paragraph

of (B)(1), (B)(1)(h), (C)(2) and (3), and (D), relative todistribution of alcoholic beverages; to provide for directshipment of certain alcoholic beverages to consumers; and toprovide for related matters.

Read by title.

SENATE BILL NO. 161—BY SENATOR QUINN

AN ACTTo amend and reenact R.S. 13:621.21 and 1138, and Section 1 of

Act No. 873 of the 2008 Regular Session of the Legislature,and to repeal R.S. 13:1139(A), relative to courts and judicialprocedure; to provide relative to district courts and districtcourt judges; to dedicate certain judgeships in certain judicialdistricts and provide for divisions with certain limited orspecialized subject matter jurisdiction; to provide forcompensation of such judges; to provide for elections andterms of office; to provide certain terms, conditions,procedures, and requirements; to provide certain effectivedates; and to provide for related matters.

Read by title.

SENATE BILL NO. 208—BY SENATOR PERRY

AN ACTTo amend and reenact R.S. 19:201, relative to expropriation; to

provide relative to expropriation suits; to provide relative toattorney fees and certain costs and expenses; to providerelative to attorney fees and certain costs and expenses forunsuccessful or abandoned suits; to provide certain terms andconditions; and to provide for related matters.

Read by title.

Senate Concurrent ResolutionsLying Over

The following Senate Concurrent Resolutions lying over weretaken up and acted upon as follows:

SENATE CONCURRENT RESOLUTION NO. 21—BY SENATOR DONAHUE

A CONCURRENT RESOLUTIONTo commend Covington Police Lieutenant Douglas "Wade" Sharp

for extraordinary heroism in sacrificing his own life to save thelife of his daughter.

Read by title.

On motion of Rep. Pearson, and under a suspension of the rules,the resolution was concurred in.

SENATE CONCURRENT RESOLUTION NO. 22—BY SENATOR BROOME

A CONCURRENT RESOLUTIONTo recognize May 2011 as National Skin Cancer Awareness Month

in Louisiana.

Read by title.

On motion of Rep. Honore', and under a suspension of the rules,the resolution was concurred in.


A CONCURRENT RESOLUTIONTo designate May 16, 2011, as "YMCA Day in Louisiana."

Read by title.

On motion of Rep. Downs, and under a suspension of the rules,the resolution was concurred in.

Speaker Tucker in the Chair


A CONCURRENT RESOLUTIONTo express the support of the Legislature of Louisiana as the host

state for the 2011 Annual Legislative Conference of theNational Organization of Black Elected Legislative Women(NOBEL-Women) being held in Baton Rouge on June 23-26,2011.

Read by title.

On motion of Rep. Stiaes, and under a suspension of the rules,the resolution was concurred in.

SENATE CONCURRENT RESOLUTION NO. 25—BY SENATOR LONG

A CONCURRENT RESOLUTIONTo commend Northwestern State University College of Nursing and

Allied Health upon being selected as one of the Top 100 nursinggraduate programs in the nation in the latest rankings by U.S.News Media Group.

Read by title.

On motion of Rep. Nowlin, and under a suspension of the rules,the resolution was concurred in.

SENATE CONCURRENT RESOLUTION NO. 26—BY SENATOR MICHOT

A CONCURRENT RESOLUTIONTo recognize May 2011 as Amyotrophic Lateral Sclerosis Awareness

Month and to memorialize the Congress of the United States toenact legislation to provide additional funding for research inorder to find a treatment and a cure for amyotrophic lateralsclerosis.

Read by title.

On motion of Rep. Robideaux, and under a suspension of therules, the resolution was concurred in.

Senate Bills and Joint Resolutions onSecond Reading to be Referred

The following Senate Bills and Joint Resolutions on secondreading to be referred were taken up, read, and referred tocommittees, as follows:


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SENATE BILL NO. 23—BY SENATOR MORRISH

AN ACTTo amend and reenact R.S. 34:851.36(B), relative to motorboats

and vessels; to provide for boating safety education; to exemptcertain individuals from the boating safety educationrequirement; to provide for an effective date; and to providefor related matters.

Read by title.

Under the rules, the above bill was referred to the Committeeon Natural Resources and Environment.

SENATE BILL NO. 26—BY SENATOR NEVERS

AN ACTTo enact R.S. 37:1291.1, relative to out-of-state physician orders;

to provide for an out-of-state physician to order diagnostictests under certain conditions; to provide for definitions; andto provide for related matters.

Read by title.

Under the rules, the above bill was referred to the Committeeon Health and Welfare.

SENATE BILL NO. 32—BY SENATORS BROOME, CLAITOR, DONAHUE, MURRAY ANDWILLARD-LEWIS

AN ACTTo amend and reenact Children's Code Articles 116(12.1),

675(B)(3), 681, 1511, 1515(B) and 1516(B), and to enactChildren's Code Articles 718, 719, 720, 721, 722, 723, 724 and1514(D), relative to guardianship; to define guardianship; toprovide for dispositional alternatives; to provide for thepurpose of guardianship; to provide for the guardian's rightsand responsibilities; to provide for a home study report; toprovide for certain procedures; to provide for a motion,hearing, and order for guardianship; and to provide for relatedmatters.

Read by title.

Under the rules, the above bill was referred to the Committeeon Civil Law and Procedure.

SENATE BILL NO. 38—BY SENATOR ERDEY

AN ACTTo amend and reenact R.S.42:808(E), relative to eligibility in group

programs; to provide coverage for a developmentally disableddependent of a classified or unclassified state civil serviceemployee by life, health or other programs sponsored by theOffice of Group Benefits under certain circumstances; and toprovide for related matters.

Read by title.

Under the rules, the above bill was referred to the Committeeon Appropriations.

SENATE BILL NO. 43—BY SENATOR DONAHUE

AN ACTTo amend and reenact R.S. 17:3983(A)(4)(c) and (e), relative to

charter schools; to allow a chartering authority to alter the timeperiod within which a charter school must begin operation; andto provide for related matters.

Read by title.

Under the rules, the above bill was referred to the Committee onEducation.

SENATE BILL NO. 84—BY SENATOR MORRISH

AN ACTTo amend and reenact R.S. 22:885(B), relative to cancellation by the

insured; to provide for the calculation of any unearned premiumto be returned to the insured; to authorize calculating theunearned premium based on a short-rate provision contained inthe policy filed with and approved by the commissioner; and toprovide for related matters.

Read by title.

Under the rules, the above bill was referred to the Committee onInsurance.

SENATE BILL NO. 87—BY SENATOR SMITH

AN ACTTo enact R.S. 6:103(B)(17), relative to records of the Office of

Financial Institutions; to provide for disclosure of certaininformation to certain state or federal agencies; and to providefor related matters.

Read by title.

Under the rules, the above bill was referred to the Committee onCommerce.

SENATE BILL NO. 88—BY SENATOR SMITH

AN ACTTo enact R.S. 6:969.18(A)(7), relative to the Louisiana Motor

Vehicle Sales Finance Act; to provide for maximum chargesallowed for documentation and compliance fees; and to providefor related matters.

Read by title.

Under the rules, the above bill was referred to the Committee onCommerce.

SENATE BILL NO. 96—BY SENATORS QUINN AND APPEL AND REPRESENTATIVES BILLIOT,CONNICK, HENRY, LIGI, LOPINTO, TEMPLET AND WILLMOTT

AN ACTTo enact R.S. 22:1567, relative to the purchase of commercial

property and casualty insurance by certain entities; to providefor the compensation of an insurance producer for the placementof certain commercial property and casualty coverages; toauthorize the negotiation of a combination of commission andfees or fees in lieu of commissions for the placement ofcoverages by an insurance producer; and to provide for relatedmatters.

Read by title.


SENATE BILL NO. 142—BY SENATOR QUINN

AN ACTTo amend and reenact R.S. 17:3983(A)(4)(d), relative to charter

schools; to provide relative to the chartering process; to providerelative to the withdrawal, revision and resubmission of acharter proposal; and to provide for related matters.

Read by title.


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Under the rules, the above bill was referred to the Committeeon Education.

SENATE BILL NO. 150—BY SENATOR MARTINY

AN ACTTo amend and reenact R.S. 44:9(A)(4), relative to expungement of

arrest records in misdemeanor and felony cases; to authorizethe clerk of court to collect the expungement processing fee;and to provide for related matters.

Read by title.

Under the rules, the above bill was referred to the Committeeon Judiciary.

SENATE BILL NO. 152—BY SENATOR MICHOT

AN ACTTo enact R.S. 37:1285(A)(32), relative to the Louisiana State Board

of Medical Examiners; to provide for advertisementrequirements by physicians; to provide for causes for whichthe board may refuse to issue, or may suspend or revoke, anylicense or permit, or impose probationary or other restrictionson the license of a physician; and to provide for relatedmatters.

Read by title.

Under the rules, the above bill was referred to the Committeeon Health and Welfare.


AN ACTTo amend and reenact R.S. 13:2492(F), 2499, 2500.1(C), 2500.2,

2500.3(C) and (D), and 2501, to enact R.S. 13:2495.1 and2496.4 , and to repeal R.S. 13:2501.1(M), relative to courtsand judicial procedure; to provide relative to the MunicipalCourt of New Orleans; to provide relative to the senior andadministrative judge; to provide for a judicial administratorand judicial expense fund; to provide relative to the paymentof certain operating expenses and costs; to provide relative tothe collection and remitting of certain costs, amounts, sumsand funds; to provide certain terms, conditions, procedures andrequirements; and to provide for related matters.

Read by title.

Under the rules, the above bill was referred to the Committeeon Judiciary.

SENATE BILL NO. 160—BY SENATORS MICHOT, CHABERT, MORRISH, SMITH ANDTHOMPSON AND REPRESENTATIVES ARNOLD, CORTEZ, DOVE,GUINN, LANDRY AND ROBIDEAUX

AN ACTTo amend and reenact Part VIII of Chapter 6 of Title 40 of the

Louisiana Revised Statutes of 1950, to be comprised of R.S.40:1486.1 and 1486.2, relative to monitoring the transportationof offshore oil platform workers; to provide for purpose; toprovide for state participation in and promotion of the safetransportation over water of oil and gas workers and othersinvolved in the offshore oil and gas industry; and to providefor related matters.

Read by title.

Under the rules, the above bill was referred to the Committeeon Commerce.

SENATE BILL NO. 169—BY SENATOR CLAITOR

AN ACTTo enact R.S. 22:1881, relative to automobile liability coverage; to

prohibit health insurance issuers from seeking recovery frominsurers providing automobile medical payment coveragewithout written consent; to prohibit reimbursements that exceedamounts actually paid by an insurer or insurance provider; toprovide for payment of court costs and attorney fees in certaincases; and to provide for related matters.

Read by title.


SENATE BILL NO. 223—BY SENATOR MOUNT

AN ACTTo amend and reenact R.S. 40:978(A) and (B) and R.S. 46:2622(17)

and to enact R.S. 40:978(D), relative to electronic prescribing;to allow for the electronic prescribing of certain controlleddangerous substances; to provide for definition of prescriptionfor the purposes of the Louisiana Medical Assistance TrustFund; and to provide for related matters.

Read by title.

Under the rules, the above bill was referred to the Committee onHealth and Welfare.

House and House Concurrent ResolutionsReported by Committee

The following House and House Concurrent Resolutionsreported by committee were taken up and acted upon as follows:

HOUSE CONCURRENT RESOLUTION NO. 45—BY REPRESENTATIVES DOERGE AND STIAES

A CONCURRENT RESOLUTIONTo establish a study committee to study all aspects of notary

education, applications, and examinations, and to developrecommendations and a plan of implementation relative tostandards for notary education, applications, and examinations.

Read by title.

Reported with amendments by the Committee on Civil Law andProcedure.

The committee amendments were read as follows:

HOUSE COMMITTEE AMENDMENTS

Amendments proposed by House Committee on Civil Law andProcedure to Original House Concurrent Resolution No. 45 byRepresentative Doerge

AMENDMENT NO. 1

On page 3, line 6, after "Evaluation" and before the period "." delete"Committee"

AMENDMENT NO. 2

On page 3, between lines 6 and 7, insert "(14) One representative ofthe Louisiana Banker's Association."

On motion of Rep. Tim Burns, the amendments were adopted.


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Under the rules, the above resolution, as amended, was orderedengrossed and recommitted to the Committee on House andGovernmental Affairs.

House Bills and Joint Resolutions onSecond Reading Reported by Committee

The following House Bills and Joint Resolutions on secondreading reported by committee were taken up and acted upon asfollows:

HOUSE BILL NO. 27—BY REPRESENTATIVES BROSSETT AND BISHOP

AN ACTTo amend and reenact R.S. 47:1703.1(A), relative to registration for

the homestead exemption; to require the assessor in OrleansParish to provide a form for the permanent registration of thehomestead exemption for taxpayers in that parish; and toprovide for related matters.

Read by title.

Reported favorably by the Committee on Ways and Means.

On motion of Rep. Greene, the bill was ordered engrossed andpassed to its third reading.

Under the rules, placed on the local and consent calendar.

HOUSE BILL NO. 37—BY REPRESENTATIVE NOWLIN

AN ACTTo amend and reenact R.S. 47:2060, relative to the transmission of

tax collection information by local tax collectors; to change thetime period within which certain tax collection informationmust be transmitted; and to provide for related matters.

Read by title.




HOUSE BILL NO. 85—BY REPRESENTATIVE KLECKLEY

AN ACTTo enact R.S. 22:513.1, relative to title insurance; to require

identifying information on acts transferring an interest inresidential property; to provide immunity from liability undercertain circumstances; and to provide for related matters.

Read by title.

Reported with amendments by the Committee on Civil Lawand Procedure.



Amendments proposed by House Committee on Civil Law andProcedure to Original House Bill No. 85 by RepresentativeKleckley

AMENDMENT NO. 1

On page 1, line 8, after "transfer," and before "or" delete "lease,"

AMENDMENT NO. 2

On page 1, line 9, after "or" and before "a" change "title to" to"ownership in"

AMENDMENT NO. 3

On page 1, line 9, change "one-to four-family" to "one-to-fourfamily"

AMENDMENT NO. 4

On page 1, line 19, after "recordation," delete the remainder of theline and delete line 20 in its entirety and insert "the title insuranceproducer shall verify that the identifying information required bySubsection A of this Section is included"

AMENDMENT NO. 5

On page 2, line 6, after "underwriter," and before "or" insert "lender,"

AMENDMENT NO. 6

On page 2, between lines 6 and 7, insert the following:

"D. Failure to include the information required by this Sectionon any document or act shall not nullify or otherwise affect thevalidity of the document or act."

On motion of Rep. Tim Burns, the amendments were adopted.

On motion of Rep. Tim Burns, the bill, as amended, was orderedengrossed and passed to its third reading.

Under the rules, placed on the regular calendar.

HOUSE BILL NO. 87—BY REPRESENTATIVE BARRAS

AN ACTTo rename and designate the Jefferson Street bridge on Louisiana

Highway 3156 in Iberia Parish as the "Joe Daigre MemorialBridge"; and to provide for related matters.

Read by title.

Reported favorably by the Committee on Transportation,Highways and Public Works.

On motion of Rep. Hutter, the bill was ordered engrossed andpassed to its third reading.


HOUSE BILL NO. 104—BY REPRESENTATIVE DOWNS

AN ACTTo amend and reenact R.S. 47:1837(G), relative to hearings of the

Louisiana Tax Commission; to require certain hearings of thecommission to be held at the state capitol; to provide relative tothe duties of the commission; and to provide for related matters.

Read by title.





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HOUSE BILL NO. 123—BY REPRESENTATIVE RICHARD

AN ACTTo amend and reenact R.S. 6:765(B) and 767(D) and R.S.

9:2449(B) and to enact R.S. 9:2432 through 2439, relative tothe estate tax apportionment; to authorize the payment ofcertain savings or shares; to provide for the death of a memberor depositor; to provide for the withholding of taxes; toprovide exemptions, deductions, and credits when apportioningtaxes; to provide an action for the recovery of taxes paid; toprovide for actions against nonresidents; to provide for theestate tax marital deduction; to provide for individualretirement accounts; to provide for retroactive application; andto provide for related matters.

Read by title.

Reported favorably by the Committee on Civil Law andProcedure.

On motion of Rep. Tim Burns, the bill was ordered engrossedand passed to its third reading.


HOUSE BILL NO. 135—BY REPRESENTATIVES NOWLIN, ANDERS, ARMES, ARNOLD,AUBERT, BALDONE, BARRAS, BARROW, BILLIOT, BROSSETT,BURFORD, HENRY BURNS, TIM BURNS, CARMODY, CARTER,CHANDLER, CHANEY, CORTEZ, DANAHAY, DIXON, DOERGE,DOVE, ELLINGTON, FANNIN, FOIL, FRANKLIN, GEYMANN,GREENE, GUINN, HARDY, HARRISON, HAZEL, HENDERSON,HENRY, HOFFMANN, HONORE, HUTTER, GIROD JACKSON,ROSALIND JONES, SAM JONES, KATZ, KLECKLEY, LABRUZZO,LAMBERT, LANDRY, LEBAS, LIGI, LITTLE, LOPINTO, LORUSSO,MCVEA, MONICA, MONTOUCET, MORRIS, PONTI, POPE, PUGH,RICHARD, RICHARDSON, RITCHIE, ROBIDEAUX, SIMON, SMILEY,GARY SMITH, JANE SMITH, PATRICIA SMITH, ST. GERMAIN,TEMPLET, THIBAUT, THIERRY, WHITE, WILLIAMS, WILLMOTT,AND WOOTON AND SENATORS ADLEY, ALARIO, AMEDEE, APPEL,BROOME, CHABERT, CHEEK, CROWE, DONAHUE, ERDEY,GAUTREAUX, GUILLORY, HEITMEIER, KOSTELKA, LAFLEUR,LONG, MARIONNEAUX, MARTINY, MICHOT, MILLS, MORRISH,MOUNT, NEVERS, PERRY, QUINN, SMITH, THOMPSON,WALSWORTH, AND WILLARD-LEWIS

A JOINT RESOLUTIONProposing to add Article VII, Section 2.3 of the Constitution of

Louisiana, relative to the authority to tax; to prohibit the stateor any political subdivision from levying a new tax or fee uponthe sale or transfer of immovable property; to provide for aneffective date; to provide for submission of the proposedamendment to the electors; and to provide for related matters.

Read by title.

Reported with amendments by the Committee on Ways andMeans.



Amendments proposed by House Committee on Ways and Meansto Original House Bill No. 135 by Representative Nowlin

AMENDMENT NO. 1

On page 2, line 3, after "including" and before "documentary"delete "but not limited to sales and use taxes,"

AMENDMENT NO. 2

On page 2, line 4, after "other" and before "fee" insert "tax or"

AMENDMENT NO. 3

On page 2, at the end of line 9, insert the following:

"Fees for the cost of recordation, filing, or maintenance ofdocuments, or records effectuating the sale or transfer of immovableproperty, impact fees for development of property, annual parcelfees, and ad valorem taxes shall not be considered taxes or fees uponthe sale or transfer of immovable property."

AMENDMENT NO. 4

On page 2, line 20, after "including" delete the remainder of the linein its entirety

AMENDMENT NO. 5

On page 2, line 21, after "other" and before "fee" insert "tax or"

On motion of Rep. Greene, the amendments were adopted.

Under the rules, the above bill, as amended, was orderedengrossed and recommitted to the Committee on Civil Law andProcedure.

HOUSE BILL NO. 164—BY REPRESENTATIVE HILL

AN ACTTo designate that section of Louisiana Highway 113, between its

intersection with Louisiana Highway 10, in Vernon Parish, tothe Occupy II Baptist Church as the "Staff Sergeant Robert'Pete' Sweat Memorial Highway"; and to provide for relatedmatters.

Read by title.




HOUSE BILL NO. 166—BY REPRESENTATIVE HOFFMANN

AN ACTTo designate Louisiana Highway 34 from Louisiana Highway 546 to

Kings Lake Road as the "Corporal J.R. Searcy MemorialHighway"; and to provide for related matters.

Read by title.

Reported with amendments by the Committee onTransportation, Highways and Public Works.



Amendments proposed by House Committee on Transportation,Highways, and Public Works to Original House Bill No. 166 byRepresentative Hoffmann

AMENDMENT NO. 1


"Section 2. The section of United States Highway from theintersection of Louisiana Highway 38 to the Mississippi state line


225

shall hereinafter be known and designated as the "Trooper RudolphH. Miller Memorial Highway."

Section 3. The section of Louisiana Highway 118 from Floriento Kisatchie shall hereinafter be known and designated as the"Louisiana Maneuvers and Purple Heart Memorial Highway".

Section 4. The section of Louisiana Highway 749 from theintersection of West Martin Luther King Drive to the intersection ofLouisiana Highway 167 shall be hereinafter be known anddesignated as the "Griffin Pat Miller Memorial Highway"".

AMENDMENT NO. 2

On page 1, line 19, after "Section" delete "2" and insert "5" in lieuthereof

On motion of Rep. Hutter, the amendments were adopted.

On motion of Rep. Hutter, the bill, as amended, was orderedengrossed and passed to its third reading.


HOUSE BILL NO. 182—BY REPRESENTATIVE GIROD JACKSON

AN ACTTo amend and reenact R.S. 38:2225.2.1(A)(3), relative to public

contracts; to extend the time relative to the utilization ofdesign-build contracts under certain circumstances; and toprovide for related matters.

Read by title.




Amendments proposed by House Committee on Transportation,Highways, and Public Works to Original House Bill No. 182 byRepresentative Girod Jackson

AMENDMENT NO. 1

On page 1, line 14, after "for" and before "years" delete "eight" andinsert "five"




HOUSE BILL NO. 192—BY REPRESENTATIVE WHITE

AN ACTTo amend and reenact R.S. 38:2212(A)(1)(f)(iii) and (iv) and

2212.1(B)(4)(c) and (d) and to enact R.S. 38:2212(A)(1)(f)(vi)and (vii) and 2212.1(B)(4)(f), relative to public contracts; toprovide an exception for electronic bidding in certain parishes;to authorize public entities to require electronic bidding; andto provide for related matters.

Read by title.




HOUSE BILL NO. 195—BY REPRESENTATIVES RICHARDSON, BOBBY BADON, BARROW,BISHOP, CARMODY, FOIL, HARDY, HENDERSON, PUGH, SEABAUGH,AND THIBAUT

AN ACTTo amend and reenact R.S. 37:1861(A)(1) and (B)(2), 1862.1, 1864,

1864.2(B), 1869(A), and 1870, to enact R.S. 37:1861(A)(5), (6),and (7) and (B)(5), 1861.1, 1864.2(C) and (D), 1864.3, and1864.4, and to repeal Part V of Chapter 2 of Title 51 of theLouisiana Revised Statutes of 1950, comprised of R.S. 51:571through 579, relative to secondhand dealers; to define"secondhand dealer"; to provide for an exemption for motorvehicle dismantlers and parts recyclers; to provide for anexemption for certain persons performing waste managementand recycling; to prohibit certain purchases of secondhandproperty; to provide an exemption for pawnbrokers; to requirea record of secondhand property purchased; to require therecord to be kept for three years; to require the record to bemade available for inspection by law enforcement; to prohibitthe purchase of junk from minors; to require a statement ofownership from the seller; to provide that failure to obtain thestatement shall be prima facie evidence of fraud; to provide forexoneration from fraudulent, willful, or criminal knowledge; torequire payment by check or money order; to require dailyreports; to provide for violations; to provide for penalties; torepeal provisions regulating the purchase of junk; to repealprovisions regulating the purchase of certain metals; and toprovide for related matters.

Read by title.

Reported with amendments by the Committee on Commerce.



Amendments proposed by House Committee on Commerce toOriginal House Bill No. 195 by Representative Richardson

AMENDMENT NO. 1

On page 1, line 2, change "R.S. 37:1861(A)(1)," to "R.S.37:1861(A)(1) and (B)(2),"

AMENDMENT NO. 2

On page 1, line 3, change "R.S. 37:1861(A)(5) and (6)," to "R.S.37:1861(A)(5), (6), and (7) and (B)(5),"

AMENDMENT NO. 3

On page 1, line 6, after ""secondhand dealer";" and before "toprohibit" insert "to provide for an exemption for motor vehicledismantlers and parts recyclers; to provide for an exemption forcertain persons performing waste management and recycling;"

AMENDMENT NO. 4

On page 1, line 12, after "to require" delete "reporting of" and insertin lieu thereof "payment by check or money order;"

AMENDMENT NO. 5

On page 1, at the beginning of line 13, delete "cash transactions;"


226

AMENDMENT NO. 6

On page 1, line 17, change "R.S. 37:1861(A)(1)," to "R.S.37:1861(A)(1) and (B)(2),"

AMENDMENT NO. 7

On page 1, line 18, change "R.S. 37:1861(A)(5) and (6)," to "R.S.37:1861(A)(5), (6), and (7) and (B)(5),"

AMENDMENT NO. 8

On page 2, line 6, after "cans," and before "or brass," insert"stainless steel, nickel alloys,"

AMENDMENT NO. 9

On page 2, line 7, after "materials," and before "furniture" insert"water utility materials,"

AMENDMENT NO. 10

On page 2, at the end of line 11, after "Anyone" insert a comma ","and "other than a nonprofit entity,"

AMENDMENT NO. 11

On page 2, line 13, after "month" and before "shall be" insert "fromany other person, other than a nonprofit entity,"

AMENDMENT NO. 12

On page 2, line 21, after "materials" delete the remainder of the lineand insert a period "."

AMENDMENT NO. 13

On page 2, delete line 22 in its entirety and insert in lieu thereof thefollowing:

"(7) For the purposes of this Part, "water utility materials" shallinclude but not be limited to water meters, valves, pipes, andfittings.

B. Except as provided for in R.S. 37:1869.1, the provisions ofthis Part shall not apply to:

* * *

(2) Persons solely engaged in the business of buying, selling,trading in, or otherwise acquiring or disposing of motor vehiclesand used parts of motor vehicles, and shall not apply to wreckers ordismantlers of motor vehicles who are licensed under the provisionsof R.S. 32:771 32:783 et seq.

* * *

(5) Collectors, transporters, or disposers of waste whose wastecollection, transportation, and disposal activities are regulated bythe Department of Environmental Quality, or persons who collect,transport, or manage recyclable materials pursuant to a residentialcollection, recycling, or disposal contract with a municipality orpolitical subdivision."

AMENDMENT NO. 14

On page 4, line 17, after "materials" delete the remainder of the line

AMENDMENT NO. 15

On page 4, at the beginning of line 18, delete "pounds"

AMENDMENT NO. 16

On page 5, delete line 18 in its entirety and insert in lieu thereof"chattels, wares, or other merchandise, including any materialdefined in R.S. 37:1861."

AMENDMENT NO. 17

On page 5, delete lines 26 through 29 and insert in lieu thereof thefollowing:

"§1864.3. Payment by check or money order required

A secondhand dealer shall not enter into any cash transactionsin payment for the purchase of junk or used or secondhand property.Payment shall be made in the form of check or money order issuedto the seller of the junk or used or secondhand property and madepayable to the name and address of the seller. All payments made bycheck or money order shall be reported separately in the daily reportsrequired by R.S. 37:1866."

AMENDMENT NO. 18

On page 6, line 3, change "A." to "A.(1)"

AMENDMENT NO. 19

On page 6, between lines 7 and 8 insert the following:

"(2) In transactions involving railroad track materials, asecondhand dealer shall require the party seeking to sell or disposeof the materials to furnish a signed statement from the appropriaterailroad company consenting to the sale of the railroad trackmaterials identified in the statement, which shall be retained by thesecondhand dealer. The statement shall include the name of therailroad company consenting to the sale and the name, employeenumber, and phone number of the person signing the statementauthorizing the sale. The secondhand dealer shall attempt to verifythe authenticity of the statement authorizing the sale of the railroadtrack materials."

On motion of Rep. Arnold, the amendments were adopted.

On motion of Rep. Arnold, the bill, as amended, was orderedengrossed and passed to its third reading.


HOUSE BILL NO. 207—BY REPRESENTATIVE JOHNSON

AN ACTTo enact R.S. 33:2740.18.5, relative to taxing authority of

municipalities; to authorize certain municipalities, subject tovoter approval, to levy and collect a hotel occupancy tax; toprovide relative to collection and use of proceeds of the tax; andto provide for related matters.

Read by title.





227

HOUSE BILL NO. 208—BY REPRESENTATIVE SAM JONES

AN ACTTo amend and reenact R.S. 34:321, relative to the Morgan City

Harbor and Terminal District; to expand the territorial limitsof the Morgan City Harbor and Terminal District; and toprovide for related matters.

Read by title.




HOUSE BILL NO. 209—BY REPRESENTATIVE ROBIDEAUX

AN ACTTo amend and reenact R.S. 47:1541(B) and to enact R.S.

47:1541(D) and 1601(A)(2)(e), relative to the Department ofRevenue; to provide relative to the audit of taxpayer records bythe department; to provide the purposes for which samplingaudits may be utilized; to authorize the use of managed auditsat the secretary's discretion under certain circumstances; toauthorize agreements regarding managed audits; to provide fordefinitions; to provide for limitations; to authorize thediscretionary waiver of interest; and to provide for relatedmatters.

Read by title.




Amendments proposed by House Committee on Ways and Meansto Original House Bill No. 209 by Representative Robideaux

AMENDMENT NO. 1

On page 1, line 5, after "use of" and before "audits" delete"management" and insert "managed"

AMENDMENT NO. 2

On page 3, line 17, after "when a" and before "audit" delete"management" and insert "managed"


On motion of Rep. Greene, the bill, as amended, was orderedengrossed and passed to its third reading.


HOUSE BILL NO. 227—BY REPRESENTATIVE THIBAUT

AN ACTTo enact R.S. 9:1123.113, relative to condominiums; to require

condominium associations to maintain a fidelity bond; toprovide for a coverage amount; to establish a minimumcoverage amount; to provide for compliance through amanaging agent who maintains a bond; and to provide forrelated matters.

Read by title.




Amendments proposed by House Committee on Commerce toOriginal House Bill No. 227 by Representative Thibaut

AMENDMENT NO. 1

On page 1, line 19, change "herein," to "in this Section,"




HOUSE BILL NO. 252—BY REPRESENTATIVE DOERGE

AN ACTTo amend and reenact R.S. 56:1948.5(52) and (53), relative to

Louisiana Byways designations; to delete the Bienville Trace Iand Bienville Trace II byway designations; to designate asection of certain highways as the Boom or Bust Byway; todesignate a section of certain highways as the Dixie OverlandByway; and to provide for related matters.

Read by title.

Reported by substitute by the Committee on Transportation,Highways and Public Works.

The substitute was read by title as follows:

HOUSE BILL NO. 637 (Substitute for House Bill No. 252 byRepresentative Doerge) —BY REPRESENTATIVE DOERGE

AN ACTTo amend and reenact R.S. 56:1948.5(52) and (53), relative to

Louisiana Byways designations; to delete the Bienville Trace Iand Bienville Trace II byway designations; to designate asection of certain highways as the Boom or Bust Byway; todesignate a section of certain highways as the Dixie OverlandByway; and to provide for related matters.

Read by title.

On motion of Rep. Hutter, the substitute was adopted andbecame House Bill No. 637 by Rep. Doerge, on behalf of theCommittee on Transportation, Highways and Public Works, as asubstitute for House Bill No. 252 by Rep. Doerge.

Under the rules, lies over in the same order of business.

HOUSE BILL NO. 256—BY REPRESENTATIVE RITCHIE

AN ACTTo amend and reenact R.S. 37:877(B)(1)(b)(ii) and 883(C), (D), (E),

(F), and (G) and to enact R.S. 37:877(B)(1)(b)(iii) and 883(H)and (I), relative to cremation; to provide for representation ofidentity of deceased on cremation authorization forms; torequire the coroner to identify human remains when releasingthem to a funeral establishment; to exempt funeral or crematoryestablishments from liability when relying upon informationprovided by health care providers and coroners; to exemptfuneral establishments and coroners from liability whenpermitting the viewing of human remains for the purposes ofidentification; and to provide for related matters.

Read by title.


228




Amendments proposed by House Committee on Commerce toOriginal House Bill No. 256 by Representative Ritchie

AMENDMENT NO. 1

On page 1, line 8, after "establishments" and before "from liability"insert "and coroners"

AMENDMENT NO. 2

On page 3, delete lines 5 through 7 in their entirety and insert in lieuthereof the following:

"D. There shall be no liability for a funeral director, funeralestablishment, or coroner for permitting an authorizing agent ordesignated representative thereof, or any interested party, to viewhuman remains for the purpose of identification."




HOUSE BILL NO. 261—BY REPRESENTATIVE CARMODY

AN ACTTo amend and reenact R.S. 32:1254(A)(19) and (E)(9)(d),

1261(6)(a), and 1262(B)(1) and (4) and to enact R.S.32:1262(B)(5) through (7), relative to the sale and distributionof motor vehicles; to exclude nonresident exhibitors fromlicensure by the Motor Vehicle Commission; to exemptrecreational products dealers from certain licensurerequirements under certain circumstances; to provide forcertain prohibited acts involving franchise agreements; toprovide guidelines for audits of dealer records; and to providefor related matters.

Read by title.




Amendments proposed by House Committee on Commerce toOriginal House Bill No. 261 by Representative Carmody

AMENDMENT NO. 1

On page 1, delete line 2 in its entirety, and insert in lieu thereof thefollowing:

"To amend and reenact R.S. 32:1254(A)(19) and (E)(9)(d),1261(6)(a), and 1262(B)(1) and (4) and to enact R.S.32:1262(B)(5)"

AMENDMENT NO. 2

On page 1, line 3, after "vehicles;" insert "to exclude nonresidentexhibitors from licensure by the Motor Vehicle Commission; toexempt recreational products dealers from certain licensurerequirements under certain circumstances;"

AMENDMENT NO. 3


"Section 1. R.S. 32:1254(A)(19) and (E)(9)(d), 1261(6)(a), and1262(B)(1) and (4) are hereby amended and reenacted and"

AMENDMENT NO. 4


"§1254. Application for license; requirements for licensure; contents;licenses; franchise filings

A. The following persons shall be licensed by the commissionin order to engage in business in the state of Louisiana, regardless ofwhether or not said person maintains or has a place or places ofbusiness in this state, and it is a violation of this Chapter to operatewithout first obtaining a license:

* * *

(19) Auto shows, trade shows, and exhibitions, includingpromoters and nonresident exhibitors.

* * *

E. Additional licensing and compliance requirements for motorvehicle and recreational products dealers.

* * *

(9)

* * *

(d) Notwithstanding any other provisions of law to the contrary,any motor vehicle or recreational products dealer holding a licensehereunder shall not be required to obtain a license as a motor vehiclelessor, used motor vehicle dealer, or specialty vehicle dealer orconverter, when modifying or selling those vehicles or products heis duly franchised and licensed to sell, provided such operations areconducted from the location from which such motor vehicle orrecreational products dealer is licensed to do business.

* * *"

AMENDMENT NO. 5

On page 1, line 16, delete "delineating"

AMENDMENT NO. 6

On page 1, delete line 17 and insert in lieu thereof:

"which includes the grounds upon which the modification is based,unless the modifications"

AMENDMENT NO. 7

On page 2, line 19, delete "payment to dealer." and insert in lieuthereof "the final payment to the dealer under a promotion, event,program, or activity."

AMENDMENT NO. 8

On page 3, delete lines 1 through 3 in their entirety and insert in lieuthereof the following:


229

"(4) A dealer shall not be charged back on a claim when adealer performs a repair covered by the manufacturer's ordistributor's warranty, and the dealer reasonably demonstrates thatthe repair resolved the condition which the customer presented forresolution, and the dealer documents what has been repaired and theprocess utilized to accomplish the repair.

(5) Limitations on warranty parts or service compensation,sales incentive audits, rebates, or other forms of incentivecompensation, chargebacks for warranty parts or servicecompensation, and service incentives and chargebacks for salescompensation only shall not be effective in the case of intentionallyfalse or fraudulent claims."

AMENDMENT NO. 9

On page 3, delete line 5, and insert in lieu thereof the following:

"more frequently than two sales-related and two service-relatedaudits in a twelve-month period. Nothing in this Subsection shalllimit a manufacturer's or distributor's ability to perform routineclaim reviews in the normal course of business."

AMENDMENT NO. 10

On page 3, line 6, change "ninety" to "sixty"




HOUSE BILL NO. 281—BY REPRESENTATIVE ELLINGTON

AN ACTTo amend and reenact R.S. 47:1923(D)(1), relative to tax assessors;

to require the payment by an assessor of premiums for groupinsurance for coverage of certain retirees of the office of theassessor in certain parishes; and to provide for related matters.

Read by title.




HOUSE BILL NO. 282—BY REPRESENTATIVE ELLINGTON

AN ACTTo amend and reenact Section 3 of Act No. 345 of the 2005 Regular

Session of the Legislature, relative to sales and use taxes; toprovide relative to the state sales and use tax exclusion forcertain alternative substances used as fuel by manufacturers;to extend the effectiveness of the exclusion; to provide for aneffective date; and to provide for related matters.

Read by title.




HOUSE BILL NO. 299—BY REPRESENTATIVE CHAMPAGNE

AN ACTTo enact R.S. 47:463.152 and 463.153, relative to motor vehicle

special prestige license plates; to provide for the creation,issuance, and design of such license plates; to provide relativeto the fee and distribution of fees for such plates; to authorizethe promulgation of rules and regulations; and to provide forrelated matters.

Read by title.




Amendments proposed by House Committee on Transportation,Highways, and Public Works to Original House Bill No. 299 byRepresentative Champagne

AMENDMENT NO. 1

On page 1, line 2, after "47:463.152" and before the comma "," insert"and 463.153"

AMENDMENT NO. 2

On page 1, line 7, after "47:463.152" and before "hereby" delete "is"and insert "and 463.153 are"

AMENDMENT NO. 3

On page 2, after line 12, insert the following:

"§463.153. Special prestige license plate; "Hospice"

A. The secretary of the Department of Public Safety andCorrections shall establish a special prestige motor vehicle licenseplate to be known as the "Hospice" plate, provided there is aminimum of one thousand applicants for such plates. These licenseplates shall be restricted to use on passenger cars, pickup trucks,recreational vehicles, and vans.

B. The color and design of the license plate shall be selected bythe Louisiana Hospice Association, provided that it is in compliancewith R.S. 47:463(A)(3).

C. The prestige license plate shall be issued, upon application,to any citizen of Louisiana in the same manner as any other motorvehicle license plate.

D. The charge for the prestige license plate shall be the standardmotor vehicle license tax imposed by Article VII, Section 5 of theConstitution of Louisiana, plus an annual royalty fee of twenty-fivedollars for each license plate to be collected by the department everytwo years upon renewal of the plate, which shall be disbursed inaccordance with Subsection E of this Section. A handling fee of threedollars and fifty cents for each plate shall be charged and retained bythe department to offset a portion of administrative costs.

E. The annual royalty fee shall be collected by the departmentand forwarded to the American Cancer Society, Mid-South Division.The monies received from the royalty fees shall be used solely by theAmerican Cancer Society, Mid-South Division's mission deliveryprograms, within the state of Louisiana.


230

F. The secretary shall adopt rules and regulations as arenecessary to implement the provisions of this Section."




HOUSE BILL NO. 342—BY REPRESENTATIVE EDWARDS

AN ACTTo enact R.S. 38:2212.10, relative to public contracts; to provide

for the verification of employees engaged in public contractwork; to provide for penalties; and to provide for relatedmatters.

Read by title.




Amendments proposed by House Committee on Transportation,Highways, and Public Works to Original House Bill No. 342 byRepresentative Edwards

AMENDMENT NO. 1

On page 1, line 8, after "A.", delete "Findings."

AMENDMENT NO. 2

On page 1, line 18, after "B.", delete "Definitions."

AMENDMENT NO. 3

On page 2, line 2, after "States" insert "and allowed to work"

AMENDMENT NO. 4

On page 2, line 16, after "D.", delete "Penalties; employer liability;appeal."

AMENDMENT NO. 5


"(4) Any person, contractor, or employer who complies withthe provisions of this Section shall not be civilly or criminally liableunder state law for the hiring of an unauthorized alien, as defined by8 U.S.C. 1324(h)(3), if the information obtained in accordance withthe status verification system indicated that the employee's federallegal status allowed the employer to hire that employee.

(5) Any person, contractor, or employer who complies with theprovisions of this Section shall not be civilly or criminally liableunder state law for a refusal to hire and individual if the informationobtained in accordance with the status verfication system indicatedthat the individual's federal legal status was that of an unauthorizedalien, as defined in 8 U.S.C. 1324(h)."




HOUSE BILL NO. 344—BY REPRESENTATIVE HUTTER

AN ACTTo amend and reenact R.S. 9:1123.102(11), relative to

condominiums; to require a ten-day grace period for payingcondominium assessments; to require unit owners' associationto provide written or electronic notice; and to provide for relatedmatters.

Read by title.




Amendments proposed by House Committee on Commerce toOriginal House Bill No. 344 by Representative Hutter

AMENDMENT NO. 1

On page 1, line 3, after "assessments;" insert "to require unit owners'association to provide written or electronic notice;"

AMENDMENT NO. 2


"The unit owners' association shall provide to each unit owner writtenor electronic notice detailing all of the following:

(a) The amount of the assessment due by the unit owner.

(b) The due date of the assessment due by the unit owner.

(c) Notice that the assessment is due within ten days of the duedate."




HOUSE BILL NO. 365—BY REPRESENTATIVES HOWARD AND DOWNS

AN ACTTo amend and reenact R.S. 38:2212(A)(1)(b)(ii)(aa) and (bb) and

(3)(c)(ii) and to enact R.S. 38:2212(T), relative to the public bidlaw; to make changes to requirements for the bid form; tospecify what prices are utilized for the construction of a buildingin conjunction with public bid; to require who shall submit otherdocumentation in addition to a bid form and when thatdocumentation shall be submitted; and to provide for relatedmatters.

Read by title.



231



Amendments proposed by House Committee on Transportation,Highways, and Public Works to Original House Bill No. 365 byRepresentative Howard

AMENDMENT NO. 1

On page 2, line 3, after "Addenda," delete "Base Bid" and insert"Alternates"

AMENDMENT NO. 2

On page 2, line 8, after "building", and before the period "." insertthe following:

", unless the unit price is incorporated into the bid total"

AMENDMENT NO. 3

On page 2, delete line 11 in its entirety and insert the following inlieu thereof:

"bidder within ten days after the bid opening. The ten-day periodshall not be altered or waived by any public entity."

AMENDMENT NO. 4

On page 2, line 22, after "building" and before the period "." insertthe following:

", unless the unit price is incorporated into the bid total"




HOUSE BILL NO. 370—BY REPRESENTATIVES JANE SMITH, BURFORD, HENRY BURNS,BURRELL, CARMODY, CHANDLER, DOERGE, MORRIS, NORTON,SEABAUGH, AND WILLIAMS AND SENATORS CHEEK, LONG,NEVERS, AND SHAW

AN ACTTo amend and reenact R.S. 9:165(C)(2)(a) and to enact R.S.

9:165.1, relative to issuance of bonds; to authorize the StateBond Commission to issue bonds secured by monies depositedinto the Unclaimed Property Leverage Fund for completion ofI-49; to provide for the use of the proceeds of the bonds; toprovide for certain requirements and limitations on theissuance of bonds; to provide for a procedure to contest thevalidity of issuance of the bonds; to provide for the rights ofbondholders; to authorize the issuance of refunding bonds; toprovide for effectiveness; and to provide for related matters.

Read by title.




Amendments proposed by House Committee on Ways and Meansto Original House Bill No. 370 by Representative Jane Smith

AMENDMENT NO. 1

On page 1, line 8, after "bonds;" and before "and" insert "to providefor effectiveness;"

AMENDMENT NO. 2

On page 2, line 16, after "bonds"and before the period "." insert "aswell as pay amounts of ongoing expenses associated with theadministration, maintenance, or evaluation of the bonds issued forInterstate 49 North and Interstate 49 South"

AMENDMENT NO. 3

On page 3, at the end of line 6, delete "unclaimed property"

AMENDMENT NO. 4

On page 3, at the beginning of line 7, delete "revenues"

AMENDMENT NO. 5

On page 3, line 8, after "bonds" and before "monies" delete "and mayfurther pledge"

AMENDMENT NO. 6

On page 3, line 20, after "receipts" delete the remainder of the line inits entirety and from the beginning of line 21, delete "fiscal year" andinsert "which have been deposited into the Unclaimed PropertyLeverage Fund

AMENDMENT NO. 7

On page 3, at the end of line 21 after "service" and before "on" insert"and all related costs and expenses associated therewith"

AMENDMENT NO. 8


"At no time shall bond payments securitized by unclaimed propertyreceipts in the Unclaimed Property Leverage Fund exceed fifteenmillion dollars per year."

AMENDMENT NO. 9


"P.(1) The provisions of this Section shall become null, void,and of no effect on the date that all bonds issued by the commissionare paid or deemed paid in full and are no longer consideredoutstanding or the Interstate 49 project is deemed completed by theDepartment of Transportation and Development, whichever is later.

(2) If bonds for this project are not sold by December 31, 2013,the provisions of this Section shall become, null, void, and of noeffect on January 1, 2014."


On motion of Rep. Greene, the bill, as amended, was orderedengrossed and passed to its third reading.


HOUSE BILL NO. 390—BY REPRESENTATIVE JANE SMITH

A JOINT RESOLUTIONProposing to amend Article VII, Section 10.8(A)(1)(c), (2), (3), and

(4) and (C)(1) of the Constitution of Louisiana, all relative tothe Millennium Trust, the Health Excellence Fund, the


232

Education Excellence Fund, and the TOPS Fund; toprovide for the dedication of certain proceeds from theSettlement Agreement to the TOPS Fund; to provide forthe deposit, transfer, or credit of certain SettlementAgreement proceeds received by the state to the TOPSFund; to provide for submission of the proposedamendment to the electors; and to provide for relatedmatters.

Read by title.

Reported favorably by the Committee on Appropriations.

Under the rules, the above bill was ordered engrossed andrecommitted to the Committee on Civil Law and Procedure.

HOUSE BILL NO. 418—BY REPRESENTATIVE THIERRY

AN ACTTo amend and reenact R.S. 37:1374, relative to the Louisiana State

Plumbing Board; to authorize the board to fine any personperforming plumbing work without a license; and to providefor related matters.

Read by title.

Reported favorably by the Committee on Commerce.

On motion of Rep. Arnold, the bill was ordered engrossed andpassed to its third reading.


HOUSE BILL NO. 420—BY REPRESENTATIVE THIERRY

AN ACTTo amend and reenact R.S. 4:149.5(B)(1), relative to horse racing;

to authorize account wagering to be conducted by a facilitylicensed by the Louisiana State Racing Commission andoperating as pari-mutuel live horse racing facility; and toprovide for related matters.

Read by title.




HOUSE BILL NO. 431—BY REPRESENTATIVE BILLIOT

AN ACTTo amend and reenact R.S. 33:1236(21)(a)(i), relative to liens; to

provide relative to the recordation and enforcement of certainliens; to provide for an award of attorney fees and court costsin certain circumstances; and to provide for related matters.

Read by title.

Reported favorably by the Committee on Civil Law andProcedure.

On motion of Rep. Tim Burns, the bill was ordered engrossedand passed to its third reading.


HOUSE BILL NO. 445—BY REPRESENTATIVES CHANEY AND LOPINTO

AN ACTTo enact R.S. 6:966.1(E), relative to notices of repossession; to

dispense with notice requirements for certain parties involvedin secured transactions; and to provide for related matters.

Read by title.




HOUSE BILL NO. 455—BY REPRESENTATIVE HARRISON

AN ACTTo enact R.S. 47:1508(B)(29), relative to the Department of

Revenue; to provide with respect to the confidentiality oftaxpayer records; to authorize the sharing of informationrelating to certain postsecondary education and employmentinformation; and to provide for related matters.

Read by title.


Under the rules, the above bill was ordered engrossed andrecommitted to the Committee on House and Governmental Affairs.

HOUSE BILL NO. 457—BY REPRESENTATIVE JANE SMITH

AN ACTTo amend and reenact R.S. 39:98.1(A)(3), (B), (C), and (D) and

98.3(A), all relative to the Millennium Trust, the HealthExcellence Fund, the Education Excellence Fund, and the TOPSFund; to provide for the allocation of interest to the HealthExcellence Fund, the Education Excellence Fund, and the TOPSFund; to provide for the dedication of certain proceeds from theSettlement Agreement to the TOPS Fund; to provide for thedeposit, transfer, or credit of certain Settlement Agreementproceeds received by the state to the TOPS Fund; to provide forthe uses of monies in the fund; and to provide for relatedmatters.

Read by title.

Reported with amendments by the Committee onAppropriations.



Amendments proposed by House Committee on Appropriations toOriginal House Bill No. 457 by Representative Jane Smith

AMENDMENT NO. 1

On page 5, line 7, after "House Bill No." and before "of this" change" " to "390"

On motion of Rep. Fannin, the amendments were adopted.

On motion of Rep. Fannin, the bill, as amended, was orderedengrossed and passed to its third reading.


233


HOUSE BILL NO. 458—BY REPRESENTATIVE HILL

AN ACTTo enact Subpart BB of Part 1 of Chapter 1 of Subtitle II of Title 47

of the Louisiana Revised Statutes of 1950, to be comprised ofR.S. 47:120.95, relative to state individual income tax returncheckoffs for certain donations; to provide for a method forindividuals to donate a portion of any refund due to them to theLouisiana Food Bank Association; to authorize and provide amethod for the making of other donations to the LouisianaFood Bank Association on the income tax return; to providefor the disposition of donated monies; to establish theLouisiana Food Bank Association Fund as a special escrowfund in the state treasury; to provide for the administration anduse of monies in the fund; to authorize the secretary of theDepartment of Revenue to make certain deposits into the fund;to provide for an effective date; and to provide for relatedmatters.

Read by title.




Amendments proposed by House Committee on Ways and Meansto Original House Bill No. 458 by Representative Hill

AMENDMENT NO. 1

On page 2, line 20, after "by the" delete the remainder of the lineand delete lines 21 and 22 in their entirety and insert "treasurer, whoshall every sixty days,"

AMENDMENT NO. 2

On page 2, delete lines 25 through 28 in their entirety, and on page3, delete lines 1 through 8 in their entirety, and insert the following:

"C. The House Committee on Ways and Means, may, at itsdiscretion, request a report from the association relative to itsoperations. The form and content of the report shall be prescribedby the chairman of the committee, but shall at a minimum containa detailed explanation of the revenues and expenditures, as well asa description of the organization's activities. The committee maysummon any person employed by or associated with the foundationto provide testimony with respect to the report."

AMENDMENT NO. 3

On page 3, line 10, change "2012" to "2011"


Under the rules, the above bill, as amended, was orderedengrossed and recommitted to the Committee on Appropriations.

HOUSE BILL NO. 466—BY REPRESENTATIVE DANAHAY

AN ACTTo enact R.S. 47:2212, relative to Calcasieu Parish; to provide

relative to the sale of adjudicated property by the parish; toauthorize the governing authority of the parish to sell suchproperty without notification to political subdivisions createdby the parish, subject to limitations; to provide relative to the

cancellation of tax liens, assessments, penalties, or othercharges; and to provide for related matters.

Read by title.




HOUSE BILL NO. 501—BY REPRESENTATIVE LEGER

AN ACTTo amend and reenact R.S. 34:963 and to repeal R.S. 34:950, 951,

952, 954, and 965, relative to bar pilots; to authorize bar pilotsto form corporations or limited liability companies; to repealcertain provisions relative to bar pilots for the Port of NewOrleans; and to provide for related matters.

Read by title.




HOUSE BILL NO. 550—BY REPRESENTATIVE JOHNSON

AN ACTTo enact Subpart BB of Part I of Chapter 1 of Subtitle II of Title 47

of the Louisiana Revised Statutes of 1950, to be comprised ofR.S. 47:120.95, relative to state individual income tax returncheckoffs for certain donations; to provide for a method forindividuals to donate a portion of any refund due to them to theMake-A-Wish Foundation of the Texas Gulf Coast andLouisiana for the purpose of granting wishes to children inLouisiana who have life-threatening medical conditions; toprovide for the disposition of such donated monies; to establishthe Make-A-Wish Foundation of the Texas Gulf Coast andLouisiana Fund as a special escrow fund in the state treasury; toprovide for the administration and use of monies in the fund; toauthorize the secretary of the Department of Revenue to makecertain deposits into the fund; to provide for reporting; toprovide for an effective date; and to provide for related matters.

Read by title.




Amendments proposed by House Committee on Ways and Means toOriginal House Bill No. 550 by Representative Johnson

AMENDMENT NO. 1

On page 2, line 17, after "by the" delete the remainder of the line anddelete lines 18 and 19 in their entirety and insert the following:

"treasurer, who shall every three months,"

AMENDMENT NO. 2

On page 2, delete lines 23 through 29 in their entirety


234

AMENDMENT NO. 3

On page 3, at the beginning of line 1, delete "D." and insert "C."


Under the rules, the above bill, as amended, was orderedengrossed and recommitted to the Committee on Appropriations.

HOUSE BILL NO. 565—BY REPRESENTATIVE DIXON AND SENATOR MCPHERSON

AN ACTTo rename and designate the KCS underpass on Louisiana Highway

165 in Rapides Parish as the "Fred H. Baden Underpass"; andto provide for related matters.

Read by title.




HOUSE BILL NO. 592—BY REPRESENTATIVE ST. GERMAIN

AN ACTTo amend and reenact R.S. 25:1226.6(A), relative to tax exemptions

and credits; to provide relative to tax exemptions and creditspursuant to the Atchafalaya Trace Heritage Area DevelopmentZone; to extend the period in which new applications for taxbenefits may be approved; and to provide for related matters.

Read by title.




HOUSE BILL NO. 602—BY REPRESENTATIVE HOFFMANN

AN ACTTo amend and reenact R.S. 37:3415.6 and to enact R.S. 37:3415.10,

relative to real estate appraisal management companies; toestablish an expiration date for licenses; to provide forprorating of assessments; to require a real estate appraisalmanagement company to submit an application assessmentalong with an application for license or renewal; to require allreal estate appraisal management companies doing business inLouisiana to remit the initial license assessment; and toprovide for related matters.

Read by title.




Amendments proposed by House Committee on Commerce toOriginal House Bill No. 602 by Representative Hoffmann

AMENDMENT NO. 1


"To amend and reenact R.S. 37:3415.6 and to enact R.S. 37:3415.10,relative to real estate appraisal management companies; to establishan expiration date for licenses; to provide for prorating ofassessments; to require"

AMENDMENT NO. 2

On page 1, line 8, after "Section 1." and before "R.S. 37:3415.10"insert "R.S. 37:3415.6 is hereby amended and reenacted and"

AMENDMENT NO. 3


"§3415.6. Expiration of license

A license All licenses granted by the board pursuant to thisChapter shall be valid for one year from the date on which it is issuedexpire December thirty-first of each calendar year.

* * *"

AMENDMENT NO. 4


"C. If an initial license is issued after January first of any year,the assessment shall be prorated to the remaining portion of the yearending December thirty-first.

Section 2. For licenses issued prior to August 15, 2011, andrenewed between August 15, 2011, and December 31, 2011, this Actshall apply to those licenses as of the first renewal date on or afterAugust 15, 2011. Assessments for all licenses renewed betweenAugust 15, 2011, and December 31, 2011, shall be prorated to coverthe period from the date of renewal until December 31, 201l.

Section 3. For initial licenses issued between January 1, 2011,and August 14, 2011, or licenses renewed between January 1, 2011,and August 14, 2011, this Act shall apply to those licenses as of thefirst renewal date on or after August 15, 2011. Assessments forrenewals of all initial licenses issued between January 1, 2011, andAugust 14, 2011, or previously renewed between January 1, 2011,and August 14, 2011, shall be prorated to cover the period from thedate of renewal until December 31, 2012."




Reconsideration

The following legislative instruments on reconsideration weretaken up and acted upon as follows:

HOUSE BILL NO. 121—BY REPRESENTATIVE WOOTON

AN ACTTo amend and reenact Code of Criminal Procedure Article 895.1(C)

and R.S. 15:574.4.2(A)(2)(o), relative to fees for probation and


235

parole supervision; to provide for an increase in the fees whichmay be charged to defray the costs of probation and parolesupervision; and to provide for related matters.

Read by title.

On motion of Rep. Wooton, the vote by which the aboveHouse Bill failed to pass on the previous legislative day wasreconsidered.

Returned to the calendar under the rules.

House Bills and Joint Resolutions onThird Reading and Final Passage

The following House Bills and Joint Resolutions on thirdreading and final passage were taken up and acted upon as follows:

Local and Consent Calendar

HOUSE BILL NO. 13—BY REPRESENTATIVE GISCLAIR

AN ACTTo amend and reenact R.S. 15:542(D) and to enact R.S.

15:542(B)(3), relative to sex offender registration andnotification; to require registration with campus lawenforcement agencies; to provide relative to registration fees;and to provide for related matters.

Read by title.

Rep. Gisclair moved the final passage of the bill.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. Speaker Gisclair MontoucetAbramson Greene MorenoAnders Guillory MorrisArnold Guinn NortonAubert Hardy NowlinBadon, A. Harrison PearsonBadon, B. Hazel PontiBaldone Henderson PopeBarras Henry PughBarrow Hill RichardBilliot Hines RichardsonBrossett Hoffmann RitchieBurford Honore RobideauxBurns, H. Howard RoyCarmody Huval SchroderCarter Jackson, G. SeabaughChampagne Jackson, M. SimonChandler Johnson SmileyChaney Jones, R. Smith, G.Connick Jones, S. Smith, J.Cortez Katz Smith, P.Cromer Kleckley St. GermainDanahay LaBruzzo StiaesDoerge Lambert TalbotDove Landry TempletDowns LeBas ThibautEdwards Leger ThierryEllington Ligi WhiteFannin Little Williams

Foil Lopinto WillmottFranklin Lorusso WootonGallot McVeaGeymann Monica Total - 97

NAYS

Total - 0ABSENT

Armes Burrell HutterBishop Dixon LaFontaBurns, T. Hensgens Total - 8

The Chair declared the above bill was finally passed.

The title of the above bill was read and adopted.

Rep. Gisclair moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

Regular Calendar

HOUSE BILL NO. 188—BY REPRESENTATIVE HARDY

AN ACTTo amend and reenact R.S. 40:487 and R.S. 44:1(A)(1), relative to

affiliates of housing authorities; to remove the public recordsexception applicable to such affiliates; to provide for theapplicability of the Public Records Law to such affiliates; toprovide relative to applicability to persons holding an ownershipinterest in or authority over an affiliate of a housing authority;and to provide for related matters.

Read by title.

Rep. Hardy moved the final passage of the bill.

ROLL CALL


YEAS

Mr. Speaker Gallot McVeaAbramson Geymann MonicaAnders Gisclair MontoucetArnold Greene MorenoAubert Guillory MorrisBadon, A. Guinn NortonBadon, B. Hardy NowlinBaldone Harrison PearsonBarras Hazel PontiBarrow Henderson PopeBilliot Henry PughBrossett Hill RichardBurford Hines RichardsonBurns, H. Hoffmann RitchieBurrell Honore RobideauxCarmody Howard RoyCarter Huval SchroderChampagne Jackson, G. SeabaughChandler Jackson, M. SimonChaney Johnson SmileyConnick Jones, R. Smith, G.Cortez Jones, S. Smith, J.


236

Cromer Katz St. GermainDanahay Kleckley StiaesDixon LaBruzzo TalbotDoerge Lambert TempletDove Landry ThierryDowns LeBas WhiteEdwards Leger WilliamsEllington Ligi WillmottFannin Little WootonFoil LopintoFranklin Lorusso Total - 97

NAYS

Total - 0ABSENT

Armes Hensgens Smith, P.Bishop Hutter ThibautBurns, T. LaFonta Total - 8



Rep. Hardy moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 201—BY REPRESENTATIVE ARMES

AN ACTTo authorize and provide for the transfer of certain state property;

to authorize the transfer of certain state property in VernonParish and Jefferson Davis Parish; to provide for the propertydescription; to provide terms and conditions; to provide aneffective date; and to provide for related matters.

Read by title.

Rep. St. Germain moved the final passage of the bill.

ROLL CALL


YEAS

Mr. Speaker Geymann LorussoAbramson Gisclair McVeaAnders Greene MonicaArnold Guillory MontoucetAubert Guinn MorenoBadon, A. Hardy NortonBadon, B. Harrison NowlinBaldone Hazel PearsonBarras Henderson PontiBarrow Henry PopeBilliot Hensgens PughBrossett Hill RichardBurford Hines RichardsonBurns, H. Hoffmann RitchieBurrell Honore RobideauxCarmody Howard RoyCarter Hutter SchroderChampagne Huval SeabaughChandler Jackson, G. SimonChaney Jackson, M. SmileyConnick Johnson Smith, G.

Cortez Jones, R. Smith, J.Cromer Jones, S. Smith, P.Danahay Katz St. GermainDixon Kleckley StiaesDove LaBruzzo TalbotDowns Lambert TempletEdwards Landry ThibautEllington LeBas ThierryFannin Leger WhiteFoil Ligi WilliamsFranklin Little WillmottGallot Lopinto Wooton Total - 99

NAYS

Total - 0ABSENT

Armes Burns, T. LaFontaBishop Doerge Morris Total - 6



Rep. St. Germain moved to reconsider the vote by which theabove bill was finally passed, and, on her own motion, the motion toreconsider was laid on the table.

Notice of Intention to Call

Pursuant to House Rule No. 8.26(A), Rep. St. Germain gavenotice of her intention to call House Bill No. 228 from the calendaron Thursday, May 12, 2011.

HOUSE BILL NO. 229—BY REPRESENTATIVE HAZEL

AN ACTTo amend and reenact R.S. 14:93.3(C), relative to cruelty to the

infirmed; to amend the definition of "aged person"; and toprovide for related matters.

Read by title.

Rep. Hazel moved the final passage of the bill.

ROLL CALL


YEAS

Mr. Speaker Gallot McVeaAbramson Geymann MonicaAnders Gisclair MontoucetArnold Greene MorenoAubert Guillory MorrisBadon, A. Guinn NortonBadon, B. Hardy NowlinBaldone Harrison PearsonBarras Hazel PontiBarrow Henderson PopeBilliot Henry PughBishop Hensgens RichardBrossett Hill RichardsonBurford Hines RitchieBurns, H. Hoffmann RobideauxBurrell Honore SchroderCarmody Howard Seabaugh


237

Carter Hutter SimonChampagne Huval SmileyChandler Jackson, G. Smith, G.Chaney Jackson, M. Smith, J.Connick Johnson Smith, P.Cortez Jones, R. St. GermainDanahay Jones, S. StiaesDixon Katz TalbotDoerge Kleckley TempletDove LaBruzzo ThibautDowns Landry ThierryEdwards LeBas WhiteEllington Ligi WilliamsFannin Little WillmottFoil Lopinto WootonFranklin Lorusso Total - 98

NAYS

Total - 0ABSENT

Armes LaFonta RoyBurns, T. LambertCromer Leger Total - 7



Rep. Hazel moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 259—BY REPRESENTATIVE KLECKLEY

AN ACTTo amend and reenact R.S. 32:900(B)(2)(c), relative to motor

vehicle liability policies; to provide minimum liability limitsfor property damage under certain circumstances; and toprovide for related matters.

Read by title.

Rep. Kleckley moved the final passage of the bill.

ROLL CALL


YEAS

Mr. Speaker Gallot LopintoAbramson Geymann LorussoAnders Gisclair McVeaArnold Greene MonicaAubert Guillory MontoucetBadon, A. Guinn MorenoBadon, B. Hardy NortonBaldone Harrison NowlinBarras Hazel PearsonBilliot Henderson PontiBishop Henry PopeBrossett Hensgens PughBurford Hill RichardBurns, H. Hines RichardsonBurrell Hoffmann RitchieCarmody Honore RobideauxCarter Howard Schroder

Champagne Hutter SeabaughChandler Huval SimonChaney Jackson, G. SmileyConnick Jackson, M. Smith, G.Cortez Johnson Smith, P.Cromer Jones, R. St. GermainDanahay Jones, S. StiaesDixon Katz TalbotDoerge Kleckley TempletDove LaBruzzo ThibautDowns Lambert ThierryEdwards Landry WhiteEllington LeBas WilliamsFannin Leger WillmottFoil Ligi WootonFranklin Little Total - 98

NAYS

Total - 0ABSENT

Armes LaFonta Smith, J.Barrow MorrisBurns, T. Roy Total - 7



Rep. Kleckley moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 276—BY REPRESENTATIVE MONTOUCET

AN ACTTo amend and reenact R.S. 37:2442(6)(introductory paragraph),

2446.1(C), 2449(B), and 2449.1(B)(4), (C)(1) and (2), and (E),2449.2(A)(introductory paragraph) and (B), and 2449.3(A) andto enact R.S. 37:2444.1 and 2444.2, relative to hearing aiddealers; to provide for definitions; to establish a testing periodfor hearing aids; to establish a three-day cooling off period forthe purchase of a hearing aid; to provide for continuingeducation requirements; to provide for temporary trainingpermits; to provide for guidelines for training of temporarytraining permit holders; to establish sponsor and co-sponsorrequirements; to provide for authority of temporary trainingpermit holders; and to provide for related matters.

Read by title.

Rep. Montoucet sent up floor amendments which were read asfollows:

HOUSE FLOOR AMENDMENTS

Amendments proposed by Representative Montoucet to EngrossedHouse Bill No. 276 by Representative Montoucet

AMENDMENT NO. 1

On page 4, line 23, after "Chapter" and before "and" delete "or alicensed dispensing audiologist"

On motion of Rep. Montoucet, the amendments were adopted.

Rep. Hardy sent up floor amendments which were read asfollows:


238


Amendments proposed by Representative Hardy to EngrossedHouse Bill No. 276 by Representative Montoucet

AMENDMENT NO. 1

On page 2, line 17, after "cancellation fee" delete the remainder ofthe line and delete line 18 in its entirety

AMENDMENT NO. 2

On page 2, at the beginning of line 19, delete "purchase price of thehearing aid" and insert "of one hundred fifty dollars"

AMENDMENT NO. 3


"The Louisiana Board of Hearing Aid Dealers shall review thecancellation fee every five years and shall make a determination ofthe necessity of five percent increase in such fee. If the boarddetermines that there is a need for an increase in the cancellationfee, the board shall promulgate the new amount of the cancellationfee in accordance with the Administrative Procedure Act."

Rep. Hardy moved the adoption of the amendments.

Rep. Montoucet objected.

By a vote of 14 yeas and 77 nays, the amendments wererejected.

Rep. Montoucet moved the final passage of the bill, asamended.

ROLL CALL


YEAS

Mr. Speaker Foil McVeaAbramson Franklin MonicaAnders Gallot MontoucetArnold Geymann MorenoAubert Gisclair NortonBadon, A. Guillory NowlinBadon, B. Guinn PearsonBaldone Harrison PontiBarras Hazel PopeBarrow Henderson PughBilliot Henry RichardBrossett Hill RichardsonBurford Hines RitchieBurns, H. Hoffmann RobideauxBurns, T. Honore RoyBurrell Howard SchroderCarmody Hutter SeabaughCarter Huval SimonChampagne Jackson, G. SmileyChandler Jackson, M. Smith, G.Chaney Johnson Smith, J.Connick Jones, S. Smith, P.Cortez Katz St. GermainCromer LaBruzzo StiaesDanahay Lambert TalbotDixon Landry TempletDoerge LeBas ThibautDove Leger White

Downs Ligi WilliamsEdwards Little WillmottEllington Lopinto WootonFannin Lorusso Total - 95

NAYS

Hardy Total - 1

ABSENT

Armes Hensgens LaFontaBishop Jones, R. MorrisGreene Kleckley Thierry Total - 9



Rep. Montoucet moved to reconsider the vote by which theabove bill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 284—BY REPRESENTATIVES WILLMOTT, BILLIOT, CONNICK, HENRY,LABRUZZO, LIGI, AND LOPINTO AND SENATORS APPEL, MARTINY,AND QUINN

AN ACTTo enact R.S. 44:21.1, relative to public records; to provide a public

records exemption for certain records in the custody of theJefferson Parish Personnel Department; and to provide forrelated matters.

Read by title.

Rep. Willmott moved the final passage of the bill.

ROLL CALL


YEAS

Mr. Speaker Fannin LorussoAbramson Foil McVeaAnders Franklin MonicaArnold Gallot MorenoAubert Geymann MorrisBadon, A. Gisclair NowlinBadon, B. Guillory PearsonBaldone Hardy PontiBarras Harrison PopeBarrow Hazel PughBilliot Henderson RichardBishop Henry RichardsonBrossett Hensgens RitchieBurford Hill RobideauxBurns, H. Hines SchroderBurns, T. Hoffmann SeabaughBurrell Honore SimonCarmody Howard SmileyCarter Hutter Smith, G.Champagne Huval Smith, J.Chandler Jackson, G. Smith, P.Chaney Johnson St. GermainConnick Jones, R. StiaesCortez Jones, S. TalbotCromer Katz TempletDanahay LaBruzzo ThibautDixon Lambert Thierry


239

Doerge Landry WhiteDove LeBas WilliamsDowns Ligi WillmottEdwards Little WootonEllington Lopinto Total - 95

NAYS

Total - 0ABSENT

Armes Kleckley NortonGreene LaFonta RoyGuinn LegerJackson, M. Montoucet Total - 10



Rep. Willmott moved to reconsider the vote by which theabove bill was finally passed, and, on his own motion, the motionto reconsider was laid on the table.

HOUSE BILL NO. 400—BY REPRESENTATIVE CORTEZ

AN ACTTo amend and reenact R.S. 32:793(D), relative to automobile

liability insurance; to provide with respect to such insurancefor rental dealers; and to provide for related matters.

Read by title.


Amendments proposed by Representative Cortez to EngrossedHouse Bill No. 400 by Representative Cortez

AMENDMENT NO. 1

On page 2, line 2, after "approved" delete "nonadmitted insurancecompany" and insert "unauthorized insurer"

On motion of Rep. Cortez, the amendments were adopted.

Rep. Arnold sent up floor amendments which were read asfollows:


Amendments proposed by Representative Arnold to EngrossedHouse Bill No. 400 by Representative Cortez

AMENDMENT NO. 1

Delete House Floor Amendments by Rep. Cortez and adopted bythe House on May 11, 2011.

AMENDMENT NO. 2

On page 1, line 8, after "maintain" insert the following:

"a contingent automobile liability policy of insurance, for theprotection of the public, with minimum limits of one hundredthousand dollars per occurrence, three hundred thousand dollarsaggregate, and fifty thousand dollars in property damage."

AMENDMENT NO. 3

On page 1, delete lines 11 through 14 in their entirety and on line 15,at the beginning of the line, delete "state."

AMENDMENT NO. 4

On page 2, line 2, after "Louisiana" delete "or an approvednonadmitted insurance" and delete line 3 in its entirety and insert thefollowing:

"or, upon a finding by the commissioner of insurance, after a publichearing that there are no admitted carriers offering such a policy,through an approved nonadmitted insurance company with an A.M.Best rating of A or better. Such approved nonadmitted insurancecompany shall pay into the insurance guaranty fund as would anadmitted carrier. In addition, the permissibility of the use of anapproved nonadmitted insurance company shall exist for not longerthan twelve consecutive months from the date of determination bythe commissioner, at which time another determination shall berequired."

Rep. Arnold moved the adoption of the amendments.

Rep. Cortez objected.

By a vote of 60 yeas and 34 nays, the amendments wereadopted.

Motion

On motion of Rep. Cortez, the bill, as amended, was returned tothe calendar.

HOUSE BILL NO. 446—BY REPRESENTATIVES LITTLE AND ELLINGTON

AN ACTTo amend and reenact R.S. 22:885(D), relative to cancellation of an

insurance policy by the insured; to provide for limitedapplicability of cancellation provisions; to exclude creditproperty and casualty insurance from cancellation requirements;and to provide for related matters.

Read by title.

Rep. Ellington moved the final passage of the bill.

ROLL CALL


YEAS

Mr. Speaker Hardy MonicaAbramson Hazel MorenoAnders Henderson NowlinArnold Henry PearsonBadon, B. Hensgens PontiBaldone Hill PopeBrossett Hines PughBurford Hoffmann RichardBurns, H. Honore RichardsonBurns, T. Howard RitchieCarmody Huval RobideauxCarter Jackson, G. SchroderChampagne Jackson, M. SeabaughChandler Jones, R. Simon


240

Chaney Jones, S. SmileyCromer Katz Smith, G.Doerge Kleckley Smith, J.Dove LaBruzzo Smith, P.Downs Landry TalbotEdwards LeBas TempletEllington Leger WhiteFannin Ligi WillmottFoil Little WootonGisclair LorussoGreene McVea Total - 73

NAYS

Aubert Dixon RoyBadon, A. Franklin St. GermainBarrow Hutter StiaesBilliot Johnson ThibautBishop MontoucetConnick Norton Total - 16

ABSENT

Armes Geymann LopintoBarras Guillory MorrisBurrell Guinn ThierryCortez Harrison WilliamsDanahay LaFontaGallot Lambert Total - 16



Rep. Ellington moved to reconsider the vote by which theabove bill was finally passed, and, on his own motion, the motionto reconsider was laid on the table.

HOUSE BILL NO. 449—BY REPRESENTATIVE ABRAMSON

AN ACTTo amend and reenact R.S. 42:17(A)(1), relative to open meetings;

to provide relative to exceptions and executive sessions; toprovide relative to discussions regarding awarding of publiccontracts; and to provide for related matters.

Read by title.

Rep. Abramson moved the final passage of the bill.

ROLL CALL


YEAS

Mr. Speaker Franklin McVeaAbramson Gisclair MonicaAnders Greene MontoucetArnold Guillory MorenoAubert Hardy NortonBadon, A. Hazel NowlinBadon, B. Henderson PearsonBaldone Henry PontiBarrow Hensgens PopeBilliot Hill PughBishop Hines RichardBrossett Hoffmann RichardsonBurford Honore Ritchie

Burns, H. Howard RobideauxBurns, T. Hutter RoyBurrell Huval SchroderCarmody Jackson, G. SeabaughCarter Jackson, M. SmileyChampagne Johnson Smith, G.Chandler Jones, R. Smith, J.Chaney Katz Smith, P.Connick Kleckley St. GermainCromer LaBruzzo StiaesDanahay Lambert TalbotDixon Landry TempletDove LeBas ThibautDowns Leger WhiteEdwards Ligi WillmottEllington Little WootonFannin LopintoFoil Lorusso Total - 91

NAYS

Total - 0ABSENT

Armes Geymann MorrisBarras Guinn SimonCortez Harrison ThierryDoerge Jones, S. WilliamsGallot LaFonta Total - 14



Rep. Abramson moved to reconsider the vote by which theabove bill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 459—BY REPRESENTATIVE ABRAMSON

AN ACTTo authorize and provide for the transfer of certain state property; to

authorize the transfer of certain state property in Orleans Parish;to provide for the property description; to provide forreservation of mineral rights; to provide terms and conditions;to provide an effective date; and to provide for related matters.

Read by title.

Rep. Abramson moved the final passage of the bill.

ROLL CALL


YEAS

Mr. Speaker Gallot MonicaAbramson Gisclair MontoucetAnders Greene MorenoArnold Guillory NortonAubert Hardy NowlinBadon, A. Hazel PearsonBadon, B. Henderson PontiBaldone Henry PopeBarrow Hensgens PughBilliot Hill RichardBishop Hines RichardsonBrossett Hoffmann Ritchie


241

Burford Honore RobideauxBurns, H. Howard RoyBurns, T. Hutter SchroderBurrell Huval SeabaughCarmody Jackson, G. SimonCarter Jackson, M. SmileyChampagne Johnson Smith, G.Chandler Jones, R. Smith, J.Chaney Jones, S. Smith, P.Connick Katz St. GermainCortez Kleckley StiaesCromer LaBruzzo TalbotDanahay Landry TempletDoerge LeBas ThibautDove Leger ThierryDowns Ligi WhiteEdwards Little WilliamsFannin Lopinto WillmottFoil Lorusso WootonFranklin McVea Total - 95

NAYS

Total - 0ABSENT

Armes Geymann LambertBarras Guinn MorrisDixon HarrisonEllington LaFonta Total - 10



Rep. Abramson moved to reconsider the vote by which theabove bill was finally passed, and, on his own motion, the motionto reconsider was laid on the table.

HOUSE BILL NO. 462—BY REPRESENTATIVE MCVEA

AN ACTTo amend and reenact R.S. 22:1000(A)(1)(a)(vi) and (2), 1003(A)

and (C), and 1003.1(A)(1) and (C), relative to healthinsurance; to provide with respect to coverage of dependentchildren and grandchildren; to provide relative to conditionsfor such coverage for certain benefits; to provide with respectto rating of such dependents; and to provide for relatedmatters.

Read by title.

Rep. Doerge, on behalf of the Legislative Bureau, sent up flooramendments which were read as follows:


Amendments proposed by Representative Doerge on behalf of theLegislative Bureau to Engrossed House Bill No. 462 byRepresentative McVea

AMENDMENT NO. 1

On page 3, line 10, following "became" and before "incapable"delete "so"

AMENDMENT NO. 2

On page 4, line 4, following "grandchild" and before "who" delete"but"

AMENDMENT NO. 3

On page 5, line 9, following "grandchild" and before "who" delete"but"

AMENDMENT NO. 4

On page 5, line 26, following "became" and before "incapable" delete"so"

On motion of Rep. Doerge, the amendments were adopted.

Rep. Roy sent up floor amendments which were read as follows:


Amendments proposed by Representative Roy to Engrossed HouseBill No. 462 by Representative McVea

AMENDMENT NO. 1

On page 2, line 24, after "custody" insert "or tutorship"

AMENDMENT NO. 2


AMENDMENT NO. 3


AMENDMENT NO. 4


AMENDMENT NO. 5


AMENDMENT NO. 6


AMENDMENT NO. 7


AMENDMENT NO. 8


AMENDMENT NO. 9


AMENDMENT NO. 10


AMENDMENT NO. 11


AMENDMENT NO. 12


On motion of Rep. Roy, the amendments were adopted.

Rep. McVea moved the final passage of the bill, as amended.


242

ROLL CALL


YEAS

Mr. Speaker Fannin McVeaAbramson Foil MonicaAnders Gallot MontoucetArnold Gisclair MorenoAubert Greene NowlinBadon, A. Guillory PearsonBadon, B. Harrison PontiBaldone Hazel PopeBarras Henderson PughBilliot Henry RichardBrossett Hill RitchieBurford Hines RobideauxBurns, H. Hoffmann RoyBurns, T. Howard SchroderCarmody Hutter SeabaughCarter Huval SimonChampagne Johnson Smith, G.Chandler Jones, R. Smith, J.Chaney Katz St. GermainConnick Kleckley TalbotCortez LaBruzzo TempletCromer Landry ThibautDanahay LeBas WhiteDoerge Leger WilliamsDove Ligi WillmottDowns Little WootonEdwards LopintoEllington Lorusso Total - 82

NAYS

Barrow Jackson, G. StiaesBishop Jackson, M. ThierryBurrell NortonFranklin Smith, P. Total - 10

ABSENT

Armes Hensgens MorrisDixon Honore RichardsonGeymann Jones, S. SmileyGuinn LaFontaHardy Lambert Total - 13



Rep. McVea moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 498—BY REPRESENTATIVE TEMPLET

AN ACTTo amend and reenact R.S. 24:513(H) and to enact R.S.

24:513(D)(6), relative to the legislative auditor; to requirenotification to certain entities that distribute funds to anauditee when the auditee fails to comply with requirements forfiling reports and submitting information to the auditor; torequire auditees to designate an individual responsible forfiling annual financial reports and to notify the auditor of suchdesignation; and to provide for related matters.

Read by title.

Rep. Templet sent up floor amendments which were read asfollows:


Amendments proposed by Representative Templet to EngrossedHouse Bill No. 498 by Representative Templet

AMENDMENT NO. 1

On page 1, line3, after "auditor" and the semicolon ";" delete theremainder of the line, delete line 4, and on line 5, delete "submittinginformation to the auditor;" and insert the following:

"to provide for certain notifications of noncompliance;"

AMENDMENT NO. 2

On page 1, delete lines 18 and 19 and on page 2, delete lines 1 and 2and insert the following;

"(6) He shall establish and provide for an electronic mailnotification system to notify subscribers of changes to the list ofauditees not in compliance with R.S. 24:513 et seq."

Speaker Pro Tempore Robideaux in the Chair

On motion of Rep. Templet, the amendments were adopted.

Rep. Templet moved the final passage of the bill, as amended.

ROLL CALL


YEAS

Abramson Franklin McVeaAnders Gallot MonicaArnold Gisclair MontoucetAubert Greene MorenoBadon, A. Guillory NortonBadon, B. Hazel NowlinBarras Henry PearsonBarrow Hensgens PontiBilliot Hill PopeBrossett Hines PughBurns, H. Hoffmann RichardsonBurns, T. Honore RitchieBurrell Howard RobideauxCarmody Hutter RoyCarter Huval SchroderChampagne Jackson, G. SeabaughChandler Jackson, M. SimonChaney Johnson SmileyConnick Jones, R. Smith, G.Cortez Jones, S. Smith, P.Cromer Katz St. GermainDanahay LaBruzzo StiaesDixon Lambert TalbotDoerge Landry TempletDove LeBas ThibautDowns Leger ThierryEdwards Ligi WhiteEllington Little WilliamsFannin Lopinto WillmottFoil Lorusso Wooton Total - 90


243

NAYS

Total - 0ABSENT

Mr. Speaker Geymann KleckleyArmes Guinn LaFontaBaldone Hardy MorrisBishop Harrison RichardBurford Henderson Smith, J. Total - 15



Rep. Templet moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 549—BY REPRESENTATIVES TUCKER, ANDERS, ARNOLD, BOBBYBADON, BURFORD, HENRY BURNS, CARMODY, CARTER,CHANDLER, CHANEY, CONNICK, DOVE, DOWNS, EDWARDS, FOIL,GREENE, GUILLORY, HARDY, HARRISON, HOFFMANN, HUTTER,KATZ, LIGI, LITTLE, LOPINTO, LORUSSO, NOWLIN, PEARSON,PONTI, PUGH, RICHARD, RICHARDSON, SCHRODER, SEABAUGH,SMILEY, GARY SMITH, JANE SMITH, ST. GERMAIN, TALBOT,TEMPLET, THIBAUT, AND WILLIAMS

AN ACTTo amend and reenact R.S. 17:3139(B), (C)(3) and (5)(introductory

paragraph) and (i), (D), (F)(introductory paragraph), (4), (5),and (6), and (G)(1), (2)(introductory paragraph) and (iii), and(3)(introductory paragraph), and 3386(E) and to enact R.S.17:3139(C)(1)(e) and (5)(j) and (G)(4) and (5), relative to theLouisiana Granting Resources and Autonomy for DiplomasAct; to provide for additional operational autonomies to begranted to public postsecondary education institutions,including but not limited to authority and exemptions relativeto budgetary management, capital outlay, and procurement; toprovide relative to required reporting by public postsecondaryeducation institutions and certain cost data to be included insuch reports; to provide relative to renewal periods ofinstitutions' performance agreements by the Board of Regents;to require achievement of certain standards for retention offirst-year students; to require the Board of Regents to report onthe standardization of student tracking and records systems andthe performance of institutions relative thereto; to providerelative to the retention of certain unused funds by certaininstitutions; to direct the Louisiana State Law Institute toredesignate certain statutory provisions; to provide for aneffective date; and to provide for related matters.

Read by title.

Suspension of the Rules

On motion of Rep. Michael Jackson, the rules were suspendedto limit the author or proponent handling the legislative instrumentto ten minutes for opening remarks and all subsequent speakers onthe instrument to five minutes.



Amendments proposed by Representative Doerge on behalf of theLegislative Bureau to Engrossed House Bill No. 549 byRepresentative Tucker

AMENDMENT NO. 1

On page 1, line 2, following "17:3139(B)", and before "and" change"(C)(3)" to (C)(3)(a)"

AMENDMENT NO. 2

On page 1, line 3, following "(4)", and before ",and (G)(1)" change"(5), and (6)" to "and (5)"

AMENDMENT NO. 3

On page 1, line 4, following "3386(E) and before "to" change "and"to ";"

AMENDMENT NO. 4

On page 1, line 6, following "Act" and before ";" insert ", and torepeal R.S. 17:3139(F)(6)"

AMENDMENT NO. 5

On page 2, line 1, following "17:3139(B)", and before "and" change"(C)(3)" to (C)(3)(a)"

AMENDMENT NO. 6

On page 2, line 2, following "(4)", and before ",and (G)(1)" change"(5), and (6)" to "and (5)"

AMENDMENT NO. 7

On page 13, between lines 25 and 26, insert "Section 2. R.S.17:3139(F)(6) is hereby repealed in its entirety."

AMENDMENT NO. 8

On page 13, line 19, change "Section 2" to "Section 3"

AMENDMENT NO. 9


AMENDMENT NO. 10



Rep. Tucker sent up floor amendments which were read asfollows:


Amendments proposed by Representative Tucker to EngrossedHouse Bill No. 549 by Representative Tucker

AMENDMENT NO. 1

On page 1, line 3, after "(4)," and before "and (G)(1)," change "(5),and (6)," to "and (5),"

AMENDMENT NO. 2

On page 1, line 4, after "3386(E)" and before "to" delete "and" andinsert a comma ","

AMENDMENT NO. 3

On page 1, line 5, after "(5)," and before "relative" insert "and torepeal R.S. 17:3139(F)(6),"


244

AMENDMENT NO. 4

On page 2, line 2, after "(4)," and before "and (G)(1)," change "(5),and (6)," to "and (5),"

AMENDMENT NO. 5

On page 4, line 3, after "be" and before "annually" change"renewed" to "reviewed"

AMENDMENT NO. 6

On page 6, line 16, after "from" delete the remainder of the line andinsert "the institution's authorized table of organization any full-timeor"

AMENDMENT NO. 7

On page 6, line 18, after "or" and before " a transfer" insert "forwhich"

AMENDMENT NO. 8

On page 6, at the end of line 18, after "law" delete "which"

AMENDMENT NO. 9

On page 6, at the end of line 20, delete the comma "," and add "andin addition to the base level autonomies granted pursuant toSubparagraph (a) of this Paragraph,"

AMENDMENT NO. 10

On page 7, line 4, after "States," change "when" to "if"

AMENDMENT NO. 11

On page 7, line 6, change "advertise" to "publish"

AMENDMENT NO. 12

On page 7, line 10, after "submit" change "a proposal" to"proposals"

AMENDMENT NO. 13

On page 7, at the end of line 16, change "Section," to "Item,"

AMENDMENT NO. 14

On page 7, line 21, after "of this" change "Section," to "Item,"

AMENDMENT NO. 15

On page 7, line 29, after "shall" change "advertise" to "publish"

AMENDMENT NO. 16

On page 8, line 3, after "submit" change "a proposal" to "proposals"

AMENDMENT NO. 17


AMENDMENT NO. 18


AMENDMENT NO. 19

On page 9, line 11, after "contrary" delete the comma "," and add"and in addition to the base level and intermediate level autonomiesgranted pursuant to Subparagraphs (a) and (b) of this Paragraph,"

AMENDMENT NO. 20

On page 9, line 14, between "granted" and "an autonomy" insert"such"

AMENDMENT NO. 21

On page 9, line 18, after "percent of" change "normal time" to"normal-time"

AMENDMENT NO. 22

On page 10, line 8, after "Any" and before "institution" delete "entityor"

AMENDMENT NO. 23

On page 11, line 17, after "instruments" and before "defined" delete"currently"

AMENDMENT NO. 24

On page 13, line 23, after "those" and before "Subsection" change"appropriated pursuant to" to "as specified in"

AMENDMENT NO. 25


"Section 2. R.S. 17:3139(F)(6) is hereby repealed in itsentirety."

AMENDMENT NO. 26

On page 13, line 26, change "Section 2." to "Section 3."

AMENDMENT NO. 27


AMENDMENT NO. 28


On motion of Rep. Tucker, the amendments were adopted.

Rep. Fannin sent up floor amendments which were read asfollows:


Amendments proposed by Representative Fannin to Engrossed HouseBill No. 549 by Representative Tucker

AMENDMENT NO. 1

On page 1, line 17, after "provisions;" and before "to provide" insert"to provide for applicability;"

AMENDMENT NO. 2

On page 2, line 19, after "schools," and before "may" insert "exceptfor the schools and programs comprising the Louisiana StateUniversity Health Sciences Center,"


245

AMENDMENT NO. 3


"(j) All expenditures of the institution for that year."

AMENDMENT NO. 4

On page 3, at the beginning of line 27, change "(j)" to "(k)"

On motion of Rep. Fannin, the amendments were adopted.

Rep. Tucker moved the final passage of the bill, as amended.

ROLL CALL


YEAS

Mr. Speaker Foil McVeaAbramson Gallot MonicaAnders Gisclair MontoucetArnold Greene MorenoAubert Guillory NortonBadon, A. Guinn NowlinBadon, B. Hardy PearsonBaldone Harrison PontiBarras Hazel PopeBarrow Henderson PughBilliot Henry RichardBishop Hensgens RichardsonBrossett Hill RitchieBurford Hines RobideauxBurns, H. Hoffmann RoyBurns, T. Howard SchroderBurrell Hutter SeabaughCarmody Huval SimonCarter Jackson, G. SmileyChampagne Jackson, M. Smith, G.Chandler Johnson Smith, J.Chaney Jones, R. Smith, P.Connick Jones, S. St. GermainCortez Katz StiaesCromer Kleckley TalbotDanahay LaBruzzo TempletDixon Lambert ThibautDoerge Landry ThierryDove LeBas WhiteDowns Ligi WilliamsEdwards Little WillmottEllington Lopinto WootonFannin Lorusso Total - 98

NAYS

Leger Total - 1

ABSENT

Armes Geymann LaFontaFranklin Honore Morris Total - 6



Rep. Tucker moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

Consent to Correct a Vote Record

Rep. Austin Badon requested the House consent to record hisvote on final passage of House Bill No. 549 as yea, which consentwas unanimously granted.

HOUSE BILL NO. 52—BY REPRESENTATIVE HENDERSON

AN ACTTo enact R.S. 13:2501.1(N), relative to court costs in the Traffic

Court of New Orleans; to provide for an increase in court costs;to provide for use of the funds; and to provide for relatedmatters.

Called from the calendar.

Read by title.

Rep. Henderson moved the final passage of the bill.

ROLL CALL


YEAS

Mr. Speaker Foil LittleAbramson Franklin LopintoAnders Gallot LorussoArnold Gisclair McVeaAubert Guillory MonicaBadon, A. Guinn MontoucetBadon, B. Hardy MorenoBaldone Harrison NortonBarras Hazel NowlinBarrow Henderson PontiBilliot Henry PopeBishop Hensgens PughBrossett Hill RichardBurford Hoffmann RichardsonBurns, H. Howard RitchieBurrell Hutter RobideauxCarmody Huval RoyCarter Jackson, G. SeabaughChampagne Jackson, M. SimonChandler Johnson Smith, P.Chaney Jones, R. St. GermainDanahay Jones, S. StiaesDixon Katz TempletDoerge Kleckley ThibautDove LaBruzzo ThierryDowns Lambert WhiteEdwards LeBas WilliamsEllington Leger WillmottFannin Ligi Total - 86

NAYS

Hines Total - 1

ABSENT

Armes Greene SchroderBurns, T. Honore Smiley


246

Connick LaFonta Smith, G.Cortez Landry Smith, J.Cromer Morris TalbotGeymann Pearson Wooton Total - 18



HOUSE BILL NO. 81—BY REPRESENTATIVE CHANDLER

AN ACTTo enact R.S. 13:3715.1(B)(7), relative to the disclosure of patient

records in certain circumstances; to provide that certainprocedures required prior to the release of patient records shallnot apply if a criminal search warrant has been issued; and toprovide for related matters.


Read by title.

Rep. Gallot sent up floor amendments which were read asfollows:


Amendments proposed by Representative Gallot to EngrossedHouse Bill No. 81 by Representative Chandler

AMENDMENT NO. 1

On page 1, line 4, after "issued;" and before "and" insert "to provideprocedural requirements regarding the release of the records;"

AMENDMENT NO. 2

On page 2, at the end of line 2, insert "However, the court shall notorder the release of patient records unless the law enforcementofficial requesting the records has provided the court with anaffidavit requesting the records without a contradictory hearing andthe court provides written reasons detailing why a contradictoryhearing is unnecessary."

On motion of Rep. Gallot, the amendments were adopted.

Rep. Chandler moved the final passage of the bill, as amended.

ROLL CALL


YEAS

Abramson Henderson LopintoAnders Henry LorussoArnold Hensgens McVeaBurford Hill MonicaBurns, H. Hoffmann RichardsonChandler Howard SeabaughChaney Huval SmileyDowns Johnson Smith, J.Ellington Leger WhiteFannin Ligi WillmottHazel Little Wooton Total - 33

NAYS

Mr. Speaker Edwards MontoucetAubert Foil Moreno

Badon, A. Franklin MorrisBadon, B. Gallot NortonBaldone Geymann NowlinBarras Greene PearsonBarrow Guillory PontiBilliot Guinn PopeBishop Hardy RitchieBrossett Hines RobideauxBurrell Honore SchroderCarmody Hutter Smith, G.Carter Jackson, G. Smith, P.Champagne Jackson, M. St. GermainConnick Jones, R. StiaesCortez Jones, S. TalbotCromer Katz ThibautDanahay Kleckley ThierryDixon Lambert WilliamsDoerge LandryDove LeBas Total - 61

ABSENT

Armes LaBruzzo RoyBurns, T. LaFonta SimonGisclair Pugh TempletHarrison Richard Total - 11

The Chair declared the above bill failed to pass.

Rep. Rosalind Jones moved to reconsider the vote by which theabove bill failed to pass, and, on her own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 253—BY REPRESENTATIVE CHAMPAGNE

AN ACTTo amend and reenact R.S. 32:415.1(A)(1)(introductory paragraph),

(c), and (f) and (C), relative to driver's license suspensions andrevocations; to provide for economic and medical hardshiplicense application procedures; and to provide for relatedmatters.


Read by title.



Amendments proposed by Representative Doerge on behalf of theLegislative Bureau to Engrossed House Bill No. 253 byRepresentative Champagne

AMENDMENT NO. 1

On page 1, line 11, following "32:415," and before "person" change"said" to "the"


Rep. Champagne sent up floor amendments which were read asfollows:


Amendments proposed by Representative Champagne to EngrossedHouse Bill No. 253 by Representative Champagne


247

AMENDMENT NO. 1

On page 1, line 2, after "(f)", delete "and (C)"

AMENDMENT NO. 2

On page 1, line 6, after "(f)", delete "and (C)"

AMENDMENT NO. 3

On page 1, line 10, after "license" insert "for the first time only as"

AMENDMENT NO. 4

On page 1, line 11, after "under" delete "R.S. 32:415" and insert"R.S. 32:414 and 415"

AMENDMENT NO. 5

On page 1, line 12, after "right" delete "for the first time only"

AMENDMENT NO. 6

On page 1, line 13, after "license." delete the remainder of the lineand delete line 14 in its entirety

AMENDMENT NO. 7

On page 1, line 15, delete "initial notice from the department," andinsert "In the event that the department fails or refuses to issue therestricted license, the person shall" and after "petition" insert "for arestricted driver's license"

AMENDMENT NO. 8

On page 1, line 16, after "domiciled" delete the remainder of theline and insert a period "." and delete lines 17 and 18 in theirentirety

AMENDMENT NO. 9

On page 1, line 19, delete "32:415."

AMENDMENT NO. 10

On page 2, delete lines 27 through 29 in their entirety and on page3, delete lines 1 through 7 in their entirety

On motion of Rep. Champagne, the amendments were adopted.

Rep. Champagne moved the final passage of the bill, asamended.

ROLL CALL


YEAS

Mr. Speaker Gallot MonicaAnders Geymann MontoucetArnold Greene MorenoAubert Guillory MorrisBadon, A. Guinn NortonBadon, B. Hardy NowlinBaldone Hazel PearsonBarras Henderson PontiBarrow Henry PopeBilliot Hensgens PughBishop Hill Richard

Brossett Hines RichardsonBurns, H. Hoffmann RitchieBurrell Honore RobideauxCarmody Howard SchroderCarter Hutter SeabaughChampagne Huval SimonChandler Jackson, G. SmileyChaney Johnson Smith, G.Connick Jones, R. Smith, J.Cortez Jones, S. Smith, P.Cromer Katz St. GermainDanahay Kleckley StiaesDixon Lambert TalbotDoerge Landry ThibautDowns LeBas ThierryEdwards Ligi WhiteEllington Little WilliamsFannin Lopinto WillmottFoil Lorusso WootonFranklin McVea Total - 92

NAYS

Abramson Total - 1

ABSENT

Armes Gisclair LaFontaBurford Harrison LegerBurns, T. Jackson, M. RoyDove LaBruzzo Templet Total - 12



Rep. Champagne moved to reconsider the vote by which theabove bill was finally passed, and, on her own motion, the motion toreconsider was laid on the table.

HOUSE BILL NO. 400—BY REPRESENTATIVE CORTEZ

AN ACTTo amend and reenact R.S. 32:793(D), relative to automobile

liability insurance; to provide with respect to such insurance forrental dealers; and to provide for related matters.


Read by title.

Rep. Cortez moved the final passage of the bill, as amended.

ROLL CALL


YEAS

Mr. Speaker Franklin LorussoAnders Geymann McVeaArnold Greene MonicaAubert Guillory MontoucetBadon, A. Guinn MorenoBadon, B. Hardy MorrisBarras Hazel NortonBarrow Henderson NowlinBilliot Henry PearsonBurford Hensgens Ponti


248

Burns, H. Hill RichardsonBurns, T. Hines RitchieBurrell Hoffmann RobideauxCarmody Honore SchroderCarter Howard SeabaughChampagne Hutter SmileyChandler Huval Smith, G.Chaney Jackson, G. Smith, J.Connick Jackson, M. Smith, P.Cortez Johnson St. GermainCromer Katz TalbotDanahay Kleckley ThibautDixon Landry ThierryDowns LeBas WhiteEdwards Leger WilliamsEllington Ligi WillmottFannin Little WootonFoil Lopinto Total - 83

NAYS

Doerge Lambert StiaesGallot Roy Total - 5

ABSENT

Abramson Gisclair PopeArmes Harrison PughBaldone Jones, R. RichardBishop Jones, S. SimonBrossett LaBruzzo TempletDove LaFonta Total - 17



Rep. Cortez moved to reconsider the vote by which the abovebill was finally passed, and, on his own motion, the motion toreconsider was laid on the table.

Explanation of Vote

Rep. Abramson disclosed a possible conflict of interest andrecused himself from casting his vote on the final passage of theabove bill.




HOUSE BILLS

May 11, 2011


I am directed to inform your honorable body that the Senatehas finally passed the following House Bills:

House Bill No. 245Returned without amendments




SIGNED SENATE CONCURRENT RESOLUTIONS

May 11, 2011


I am directed to inform your honorable body that the Presidentof the Senate has signed the following Senate ConcurrentResolutions:

Senate Concurrent Resolution No. 3

and ask the Speaker of the House of Representatives to affix hissignature to the same.



The Senate Concurrent Resolutions contained herein weresigned by the Speaker of the House.


SENATE BILLS

May 11, 2011


I am directed to inform your honorable body that the Senate hasfinally passed the following Senate Bills:

Senate Bill Nos. 58, 78, 91, 100, 104, 180, and 199



Senate Bills and Joint Resolutionson First Reading

The following Senate Bills and Joint Resolutions on first readingwere taken up, read, and placed upon the calendar for their secondreading:

SENATE BILL NO. 58—BY SENATORS ADLEY, ERDEY, HEITMEIER, MCPHERSON, MOUNTAND SHAW

AN ACTTo amend and reenact R.S. 47:490.22(C), relative to the United

States Armed Forces military honor license plate; to remove thehandling fee from such plate; and to provide for related matters.

Read by title.

SENATE BILL NO. 78—BY SENATORS MURRAY, PETERSON AND WILLARD-LEWIS

AN ACTTo enact R.S. 40:456.1, relative to the Housing Authority of New

Orleans; to provide for the appointment, duties, and powers ofits peace officers; and to provide for related matters.

Read by title.


249

SENATE BILL NO. 91—BY SENATOR LONG AND REPRESENTATIVE NOWLIN

AN ACTTo authorize and provide for the transfer of certain local and state

property; to authorize the transfer of certain local and stateproperty in Natchitoches Parish; to provide for the propertydescription; to provide for reservation of mineral rights; toprovide terms and conditions; and to provide for relatedmatters.

Read by title.


AN ACTTo amend and reenact R.S. 38:2295(C), relative to letting of public

contracts; to provide for plans and specifications; to increasethe number of working days prior to the opening of bids withinwhich a potential supplier must submit a request for approvalof a product other than that specified in the contract documentsfor public works projects of the New Orleans Sewerage andWater Board; and to provide for related matters.

Read by title.

SENATE BILL NO. 104—BY SENATOR LAFLEUR

AN ACTTo enact R.S. 17:273.2, relative to the teaching of foreign languages

in elementary and secondary schools; to provide with respectto a process to certify foreign language immersion educationprograms; to provide for minimum criteria; to provide forrules; to provide for effectiveness; and to provide for relatedmatters.

Read by title.

SENATE BILL NO. 180—BY SENATOR HEITMEIER

AN ACTTo amend and reenact R.S. 15:86.1, relative to unclaimed cash bail

bonds being deposited in Plaquemines Parish; to providerelative to the liability for such bonds; to provide for the returnto the owner of an unclaimed cash bail bond; and to providefor related matters.

Read by title.

SENATE BILL NO. 199—BY SENATOR CLAITOR AND REPRESENTATIVE GREENE

AN ACTTo enact R.S. 33:9097.12, relative to crime prevention districts; to

create the Jefferson Place/Bocage Crime Prevention andImprovement District in East Baton Rouge Parish; to providefor the powers and duties of the district and its board ofcommissioners; to provide for a parcel fee; to provide withrespect to termination of the district; and to provide for relatedmatters.

Read by title.

Introduction of Resolutions,House and House Concurrent

The following members introduced the following entitledHouse and House Concurrent Resolutions, which were read the firsttime by their titles and placed upon the calendar for their secondreading:

HOUSE CONCURRENT RESOLUTION NO. 85—BY REPRESENTATIVE BARROW

A CONCURRENT RESOLUTIONTo request the Louisiana State Law Institute to study the laws

regarding adoptions and make recommendations relative toestablishing consistent but separate procedures and laws for alltypes of adoptions.

Read by title.

Lies over under the rules.

HOUSE CONCURRENT RESOLUTION NO. 86—BY REPRESENTATIVE HUTTER

A CONCURRENT RESOLUTIONTo urge and request the Louisiana Coalition Against Domestic Abuse

to appoint and convene a task force to evaluate existing court-approved domestic abuse intervention programs across the state,to study similar programs in other states to determineresponsible, evidence-based best practices in the field ofdomestic abuse intervention, and to report to the LouisianaLegislature its findings and recommendations relative to thedevelopment of minimum standards for domestic abuseintervention programs in this state.

Read by title.

Lies over under the rules.

Reports of Committees

The following reports of committees were received and read:

Report of the Committee onAdministration of Criminal Justice

May 11, 2011

To the Speaker and Members of the House of Representatives:

I am directed by your Committee on Administration of CriminalJustice to submit the following report:

House Bill No. 12, by TempletReported favorably. (14-0) (Regular)

House Bill No. 115, by ArmesReported with amendments. (15-0) (Regular)

House Bill No. 118, by CarmodyReported favorably. (12-0) (Local & Consent)

House Bill No. 119, by SeabaughReported favorably. (15-0) (Regular)

House Bill No. 216, by RoyReported with amendments. (16-0) (Regular)

House Bill No. 217, by BarrasReported favorably. (14-0) (Local & Consent)

House Bill No. 230, by MorenoReported favorably. (14-0) (Regular)

House Bill No. 235, by AbramsonReported favorably. (14-0) (Local & Consent)

House Bill No. 264, by WootonReported with amendments. (16-0) (Regular)


250

House Bill No. 339, by LopintoReported favorably. (16-0) (Local & Consent)

ERNEST D. WOOTONChairman

Report of the Committee onEducation

May 11, 2011


I am directed by your Committee on Education to submit thefollowing report:

House Bill No. 31, by HardyReported with amendments. (13-0) (Regular)

House Bill No. 78, by EdwardsReported with amendments. (14-0) (Regular)

House Bill No. 100, by CarterReported favorably. (14-0) (Local & Consent)

House Bill No. 101, by HardyReported favorably. (7-6) (Regular)

House Bill No. 323, by SeabaughReported favorably. (14-0) (Regular)

House Bill No. 368, by ArnoldReported favorably. (13-0) (Local & Consent)

House Bill No. 419, by Smith, PatriciaReported with amendments (14-0) (Regular)

House Bill No. 421, by CarterReported with amendments. (12-2) (Regular)

AUSTIN J. BADON, JR.Chairman

Report of the Committee onHealth and Welfare

May 11, 2011


I am directed by your Committee on Health and Welfare tosubmit the following report:

House Concurrent Resolution No. 12, by Burns, TimReported favorably. (11-0)

House Concurrent Resolution No. 19, by CortezReported favorably. (11-0)

House Concurrent Resolution No. 54, by HoffmannReported favorably. (12-1)

House Bill No. 7, by LaBruzzoReported with amendments. (12-2) (Regular)

House Bill No. 178, by SchroderReported favorably. (11-0) (Regular)

KAY KELLOGG KATZChairman

Report of the Committee onHouse and Governmental Affairs

May 11, 2011


I am directed by your Committee on House and GovernmentalAffairs to submit the following report:

House Resolution No. 26, by GallotReported favorably. (17-0)

House Resolution No. 27, by GeymannReported with amendments. (17-0)

House Concurrent Resolution No. 49, by LigiReported with amendments. (17-0)

House Bill No. 103, by ArmesReported with amendments. (18-0) (Regular)

House Bill No. 331, by LigiReported with amendments. (16-0) (Regular)

House Bill No. 442, by HendersonReported with amendments. (16-0) (Regular)

House Bill No. 472, by Jones, RosalindReported with amendments. (11-0) (Regular)

RICHARD "RICK" GALLOT, JR.Chairman

Report of the Committee onInsurance

May 11, 2011


I am directed by your Committee on Insurance to submit thefollowing report:

House Resolution No. 17, by HarrisonReported with amendments. (10-0)

House Bill No. 225, by ThibautReported with amendments. (10-0) (Regular)

House Bill No. 552, by TalbotReported favorably. (10-0) (Regular)

CHARLES E. "CHUCK" KLECKLEYChairman

Report of the Committee onNatural Resources and Environment

May 11, 2011


I am directed by your Committee on Natural Resources andEnvironment to submit the following report:

House Bill No. 75, by GisclairReported with amendments. (13-0-1) (Regular)

House Bill No. 293, by DoveReported favorably. (12-0-1) (Regular)


251

House Bill No. 599, by PearsonReported favorably. (13-0-1) (Local & Consent)

GORDON E. DOVE, SR.Chairman



Privileged Report of the Committee on Enrollment

May 11, 2011

To the honorable Speaker and Members of the House ofRepresentatives:

I am directed by your Committee on Enrollment to submit thefollowing report:

The following House Resolutions have been properly enrolled:

HOUSE RESOLUTION NO. 33—BY REPRESENTATIVE DOWNS

A RESOLUTIONTo recognize Monday, May 16, 2011, as YMCA Day at the

Louisiana State Capitol.


JEAN DOERGEChair

The above House Resolutions contained in the report weresigned by the Speaker of the House and taken by the Clerk of theHouse to the Secretary of State in accordance with the rules of theHouse.

Privileged Report of the Committee on Enrollment

May 11, 2011

To the honorable Speaker and Members of the House ofRepresentatives:

I am directed by your Committee on Enrollment to submit thefollowing report:

The following House Concurrent Resolutions have beenproperly enrolled:

HOUSE CONCURRENT RESOLUTION NO. 65—BY REPRESENTATIVE DOERGE AND SENATOR ADLEY

A CONCURRENT RESOLUTIONTo commend Dathene Brown for more than forty years of highly

productive service as the executive director of the WebsterParish Council on Aging.

HOUSE CONCURRENT RESOLUTION NO. 67—BY REPRESENTATIVE BROSSETT

A CONCURRENT RESOLUTIONTo commend Rear Admiral Stephen W. Rochon, United States

Coast Guard, upon his presidential appointment to a seniorexecutive position in the United States Department ofHomeland Security.

HOUSE CONCURRENT RESOLUTION NO. 71—BY REPRESENTATIVES LIGI AND WILLMOTT AND SENATORMARTINY

A CONCURRENT RESOLUTIONTo express sincere and heartfelt condolences upon the death of

Randall Luwe of Kenner.

HOUSE CONCURRENT RESOLUTION NO. 72—BY REPRESENTATIVES LIGI, ABRAMSON, ANDERS, ARMES,ARNOLD, AUBERT, AUSTIN BADON, BOBBY BADON, BALDONE,BARRAS, BARROW, BILLIOT, BISHOP, BROSSETT, BURFORD, HENRYBURNS, TIM BURNS, BURRELL, CARMODY, CARTER, CHAMPAGNE,CHANDLER, CHANEY, CONNICK, CORTEZ, CROMER, DANAHAY,DIXON, DOERGE, DOVE, DOWNS, EDWARDS, ELLINGTON, FANNIN,FOIL, FRANKLIN, GALLOT, GEYMANN, GISCLAIR, GREENE,GUILLORY, GUINN, HARDY, HARRISON, HAZEL, HENDERSON,HENRY, HENSGENS, HILL, HINES, HOFFMANN, HONORE, HOWARD,HUTTER, HUVAL, GIROD JACKSON, MICHAEL JACKSON, JOHNSON,ROSALIND JONES, SAM JONES, KATZ, KLECKLEY, LABRUZZO,LAFONTA, LAMBERT, LANDRY, LEBAS, LEGER, LITTLE, LOPINTO,LORUSSO, MCVEA, MONICA, MONTOUCET, MORENO, MORRIS,NORTON, NOWLIN, PEARSON, PONTI, POPE, PUGH, RICHARD,RICHARDSON, RITCHIE, ROBIDEAUX, ROY, SCHRODER, SEABAUGH,SIMON, SMILEY, GARY SMITH, JANE SMITH, PATRICIA SMITH, ST.GERMAIN, STIAES, TALBOT, TEMPLET, THIBAUT, THIERRY,TUCKER, WHITE, WILLIAMS, WILLMOTT, AND WOOTON ANDSENATOR MARTINY


Specialist Christian J. Romig, United States Army, of Kenner,who was killed in action in Afghanistan.



Christopher John Doyle III of the New Orleans PoliceDepartment.



Sergeant Joseph Anthony Bovia, United States Marine Corps,of Kenner, who was killed in action in Afghanistan.


252

HOUSE CONCURRENT RESOLUTION NO. 75—BY REPRESENTATIVE BURRELL

A CONCURRENT RESOLUTIONTo commend Brother Luchous Harris of Shreveport for his

outstanding achievements and contributions.

HOUSE CONCURRENT RESOLUTION NO. 76—BY REPRESENTATIVE TUCKER

A CONCURRENT RESOLUTIONTo commend and express appreciation to Paul Vallas as he leaves

his position as the superintendent of the Recovery SchoolDistrict and embarks upon new challenges and endeavors.

HOUSE CONCURRENT RESOLUTION NO. 82—BY REPRESENTATIVE TUCKER

A CONCURRENT RESOLUTIONTo commend Dr. David E. Crosby upon the celebration of his

fifteenth anniversary as pastor of First Baptist Church of NewOrleans.


JEAN DOERGEChair

The above House Concurrent Resolutions contained in thereport were signed by the Speaker of the House and taken to theSenate by the Clerk of the House and were signed by the Presidentof the Senate and taken by the Clerk of the House to the Secretaryof State in accordance with the rules of the House.


On motion of Rep. Wooton, the rules were suspended to permitthe Committee on Administration of Criminal Justice to considerthe following legislative instruments that were not listed on theweekly committee schedule as required by House Rule 14.23:

House Bill Nos. 55 and 86


On motion of Rep. Austin Badon, the rules were suspended topermit the Committee on Education to consider the followinglegislative instruments that were not listed on the weekly committeeschedule as required by House Rule 14.23:

House Bill Nos. 56, 84, 96, 251, and 454

Leave of Absence

Rep. Armes - 1 day

Adjournment

On motion of Rep. Billiot, at 5:10 P.M., the House agreed toadjourn until Thursday, May 12, 2011, at 9:00 A.M.

The Speaker Pro Tempore of the House declared the Houseadjourned until 9:00 A.M., Thursday, May 12, 2011.

ALFRED W. SPEERClerk of the House

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