senate c oncurrent resoluti n no. 41— of of the senate of the ... 4 the president of the...

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OFFICIAL JOURNALOF THE

SENATEOF THE

STATE OF LOUISIANA_______

TWENTIETH DAY'S PROCEEDINGS_______

Fortieth Regular Session of the LegislatureUnder the Adoption of the

Constitution of 1974_______

Senate ChamberState Capitol

Baton Rouge, Louisiana

Monday, April 21, 2014

The Senate was called to order at 4:45 o'clock P.M. by Hon.John A. Alario Jr., President of the Senate.

Morning Hour

CONVENING ROLL CALL

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

PRESENT

Mr. President Dorsey-Colomb NeversAdley Erdey PeacockAllain Gallot PerryAmedee Guillory RiserAppel Kostelka Smith, G.Broome LaFleur Smith, J.Brown Long TarverBuffington Martiny ThompsonChabert Mills WalsworthClaitor Morrell WardCortez Morrish WhiteDonahue Murray Total - 35

ABSENT

Crowe JohnsHeitmeier Peterson Total - 4

The President of the Senate announced there were 35 Senatorspresent and a quorum.

Prayer

The prayer was offered by Reverend Carlton Jackson, followingwhich the Senate joined in the Pledge of Allegiance to the flag of theUnited States of America.

Reading of the Journal

On motion of Senator Tarver, the reading of the Journal wasdispensed with and the Journal of April 16, 2014, was adopted.

Message from the House

CONCURRING INSENATE CONCURRENT RESOLUTIONS

April 21, 2014

To the Honorable President and Members of the Senate:

I am directed to inform your honorable body that the House ofRepresentatives has finally concurred in the following SenateConcurrent Resolutions:

SENATE CONCURRENT RESOLUTION NO. 41—BY SENATOR GALLOT

A CONCURRENT RESOLUTIONTo urge and request the United States Department of Agriculture

(USDA) to develop tastier food options for the National SchoolLunch Program.

Reported without amendments.

SENATE CONCURRENT RESOLUTION NO. 85—BY SENATOR GALLOT AND REPRESENTATIVE JEFFERSON

A CONCURRENT RESOLUTIONTo commend the Louisiana Northeastern Berith District of the

Southern Region of the Full Gospel Baptist Church FellowshipInternational, to recognize that the 2014 Northeastern BerithDistrict Conference is being held in Ruston, Louisiana, on April23-24, and to acknowledge District Overseer William G. FieldsSr.


Respectfully submitted,ALFRED W. SPEER

Clerk of the House of Representatives

Privilege Report of theLegislative Bureau

April 21, 2014

To the President and Members of the Senate:

I am directed by your Legislative Bureau to submit thefollowing report:

The following bills are approved as to construction andduplication. We advise and suggest the following amendments to theengrossed bills.

HOUSE BILL NO. 55—BY REPRESENTATIVES LOPINTO, ADAMS, ARMES, BADON, BARRAS,WESLEY BISHOP, BROSSETT, BROWN, HENRY BURNS, BURRELL,CARMODY, CARTER, COX, DIXON, GAINES, GUILLORY, HARRISON,HAZEL, HODGES, HOFFMANN, HONORE, HOWARD, HUNTER,KATRINA JACKSON, JAMES, JEFFERSON, NANCY LANDRY, TERRYLANDRY, MORENO, JIM MORRIS, PYLANT, SMITH, ST. GERMAIN,THIERRY, PATRICK WILLIAMS, AND WOODRUFF AND SENATORSGALLOT, GUILLORY, MARTINY, MILLS, AND MORRELL

AN ACTTo amend and reenact R.S. 44:4.1(38), to enact Title XXXIV of the

Code of Criminal Procedure, to be comprised of Articles 971through 995, and to repeal R.S. 44:9, relative to expungement;to provide for the effect of expunged records; to provide fordefinitions; to authorize the expungement of certain felonyconviction records; to prohibit the dissemination of expungedrecords by third parties; to provide penalties for the unlawfuldissemination of expunged records by third parties; to providefor legislative findings; to provide for applicability; to providefor procedures for obtaining an expungement; to provide forfiling of motions to obtain an expungement; to provide forservice of motions for expungement; to provide for service ofjudgments of expungement; to authorize the expungement ofconviction records after a certain period of time has elapsed; toprovide for eligibility to obtain an expungement; to deleteprovisions of law referring to destruction of arrest or convictionrecords; to provide for the assessment of certain fees forexpungement; to provide that certain fees are nonrefundable; toprovide for expungement by redaction of records; to provide foruniform forms for expungement; to provide for the exemptionof certain fees in certain circumstances; to provide for ajudgment granting an expungement; to provide for contradictoryhearings; to prohibit incarcerated individuals from filing amotion to expunge an arrest or conviction record; to provide forthe interim expungement of certain arrests from criminal historyrecords; to provide for exceptions to the public records law; andto provide for related matters.

Reported with amendments.

SENATE 20th DAY'S PROCEEDINGS

April 21, 2014

506

LEGISLATIVE BUREAU AMENDMENTS

Amendments proposed by Legislative Bureau to Reengrossed HouseBill No. 55 by Representative Lopinto

AMENDMENT NO. 1On page 9, line 26, delete "of the record"

AMENDMENT NO. 2On page 10, line 6, following "attorney" insert "of the parish ofconviction"

AMENDMENT NO. 3On page 11, line 21, following "attorney" insert "of the parish ofconviction"

AMENDMENT NO. 4On page 36, line 15, following "Number" delete """

AMENDMENT NO. 5On page 36, line 19, following "Agency_____" insert """

HOUSE BILL NO. 63—BY REPRESENTATIVES LEGER, ANDERS, ARMES, ARNOLD, BADON,BILLIOT, WESLEY BISHOP, BROSSETT, BROWN, HENRY BURNS, TIMBURNS, CARTER, CHAMPAGNE, COX, DIXON, GUINN, HARRIS,HENRY, HILL, HOFFMANN, HOWARD, KATRINA JACKSON,KLECKLEY, LEBAS, LOPINTO, MILLER, MORENO, POPE, PRICE,SCHRODER, SHADOIN, SMITH, STOKES, THIBAUT, THOMPSON, ANDPATRICK WILLIAMS

AN ACTTo amend and reenact R.S. 4:163.1(D)(2)(d) and 715(B)(2), R.S.6:747(A), R.S. 9:1613, 2799(A)(2) and (B)(1), 2799.3, the headingof Part V-A of Chapter 2 of Code Title XII of Code Book III of Title9 of the Louisiana Revised Statutes of 1950, and 3541.21(1) and (3),R.S. 11:202, 203(A) and (C), 204(A), 206, 207(A) and (B), 208through 210, 211(A) and (B), 213(A), 215(A), 218(A), (C), and(D)(3), 293(C), 701(19), 768(D)(2), 778(A), (B), and (D),783(G)(1)(a), (I)(1)(a), and (K)(1), 784(C)(2) and (E), 804, 805(A)and (B), 901.36, 901.37, 952.36, 1147(A) and (C)(1), 1151(D),1151.1(B)(1), (C)(2), and (D)(1), 1313(A), (B)(introductoryparagraph), and (C), 1318, 1323(B)(1), (C)(2), and (D)(1), 1345.8(B),1402(5), 1431, 1432(A)(introductory paragraph), 1442, 1483(B),1503(6), 1522(A)(1)(introductory paragraph) and (B)(introductoryparagraph), 1523(G), 1530(K)(3), 1614(D), 1634(A) and(B)(introductory paragraph), 1636(B)(5), 1732(20), 1758(A) and (F),1763(J)(2), 1784(introductory paragraph), 1785(A)(2),1804(introductory paragraph), 1805(A)(1)(a), 1902(19), 1934(A) and(F), 1938(J)(4)(c), 1944(A)(introductory paragraph), 1945(A)(2),1964(A)(introductory paragraph), 1974(A), 2074(A) and(B)(1)(introductory paragraph), 2077(A)(introductory paragraph) and(B)(introductory paragraph) and (2), 2144(K), 2165.6(A) and(B)(introductory paragraph), 2178(B)(introductory paragraph), (1)(b),and (3)(c) and (C)(1)(c)(iv)(aa), 2180(C)(2), 2214(A)(2)(e),2220(A)(1)(g)(v) and (B)(2)(a)(ii), 2221(K)(4)(a) and (M),2223(A)(1), 2241.7(A)(1), 2241.8(2)(a)(ii), 2242.7(A)(1),2242.8(2)(a)(ii), 2256(B)(2)(a) and (3), 2256.2(A), 2257(K)(4),2258(A), (B)(introductory paragraph) and (1)(c) and (d), (2)(a), and(C) through (E), 2259(A)(1), 3005.1(I)(2) and (J)(4), 3039.1(K)(4),3041(B), 3101, 3107(5), 3113(6), 3132, 3143(1) and (2), 3145(D),3166(A), 3178(C)(2), 3192, 3200(1) and (2), 3222, 3232(A), (B), and(C), 3281, 3288(B)(5), 3293(1), 3317(C)(5), 3322(B)(1)(a), 3341(A),3346(3), 3363(A), 3377(A), 3378(A)(1)(g) and (2)(c), 3385.1(K)(6)and (7)(f), 3402, 3410(5), 3431, 3438(B)(4)(b) and (5)(b), 3442(1)through (4), 3447(C), 3461, 3473(1) through (4), 3514(A), 3515(B),3516(C)(1) and (2), 3548(A), 3552(A) and (B), 3553(B)(2), 3601(A),3605(A)(5), 3609(A), 3644, 3645(E), 3647(E) and (F),3685.1(B)(2)(a) and (D), 3686(B)(1)(a) and (b), 3724(1) through (3),3731(introductory paragraph) and (B), 3761, 3771(2)(a)(introductoryparagraph), 3773, 3778(A), 3780, 3791, 3802(3) and (4), 3804(A),3805, and 3808, R.S. 13:1278 and 3881(A)(8), R.S. 14:32(D)(3),35.2(A)(introductory paragraph), (B), and (C), 39(D)(3), 45(A)(3),67.16(A)(1), (C)(1)(b), (2)(b), (3)(b), and (4)(b), 67.21(A) through(D), 79.1(A)(2), 89.1(A)(4), the heading of Subpart B(3) of Part V ofChapter 1 of Title 14 of the Louisiana Revised Statutes of 1950,93.3(A) through (D) and (E)(1), 93.4, 93.5(A)(introductory

paragraph) and (D), 106(D)(2)(introductory paragraph) and (d),107.1(C)(2) and (3), 126.3(A), and 202.1(F)(4), R.S. 15:536(A),537(A), 541(2)(m), 571.3(B)(3)(r), 571.34(A), 581, 830(A) and (B),830.1(A), 1039, 1402(A), 1503(6) and (7), and 1510(C), R.S.17:67(G), 124, 158(H)(2)(f), 240(A)(1) and (B)(2), 407.2, 421.4,422.6(B), 1947(A)(1) and (2), and 3217.2(D), R.S. 18:106(C)(2)(b),106.1(A)(introductory paragraph), 564(D)(1)(a)(ii) and (2)(a)(ii) and(E), 1303(I)(introductory paragraph) and (1)(a), 1309.3(D)(1)(a)(ii)and (E), and 1400.21(B)(4), R.S. 21:51(C) and 52(A) and (B), R.S.22:941(B)(7), 1000(A)(1)(a)(vi)(bb)(IV) and (2)(a) and (b)(iv),1001(B), 1003(A)(2)(d), 1012(B), 1097(B), 1242(6), and 1288(B),R.S. 23:251(A)(3), 322(3), (5), (6), (8), and (9)(introductoryparagraph), 323(A), (B)(1) through (7), (C)(2), and (D)(1) and (2),324(A), 1017.1(5), 1226(B)(1)(introductory paragraph) and(C)(1)(introductory paragraph), 1371.1(introductory paragraph), (5),and (6), 1378(F)(34)(introductory paragraph), (a), and (c),1472(12)(F)(IV), 1823(4)(e), 1829(G), 2061(introductory paragraph)and (10), and 3004(A)(1), R.S. 25:33(B)(4), R.S. 28:2(14) and (20),22.5, 22.7(A), 22.9, 22.10, 25.1(C)(1)(a)(v), 50(1) and (3), 52(B) and(G), 55(G), 64(B) through (G), 146, 148, 172(A), the heading of PartVIII of Chapter 1 of Title 28 of the Louisiana Revised Statutes of1950, 200 through 205, 215.5(B)(5), the heading of Chapter 5 of Title28 of the Louisiana Revised Statutes of 1950, 475, 476, 477(1) and(3)(a)(introductory paragraph) and (b), 478(A), 831(A)(introductoryparagraph), (2), (3), (C)(1)(a) and (b)(i) through (iii), (E), and (F)(1),(4), and (5), 854(A)(2) and (3), 864(A)(2) and (3), 874(A)(2) and (3),904(A)(2) and (3), and 915(A)(2), R.S. 29:403(8), 726(E)(17)(a) and(20)(a)(i) and (iii)(aa), and 729(E)(13)(a)(i) and (iii)(aa), R.S.32:295.1(D)(1), (2)(a), and (3)(a), 351(A)(2), 401(introductoryparagraph) and (9), 403.2, and 863.1(C)(7), R.S. 33:1236(42),1947(C)(2), 2411, 4720.62(C), 4720.112(C), and 4720.138(C), R.S.36:151(B), 251(B), and 254(A)(10)(c) and (h), (B)(9), and (E)(1),R.S. 37:752(9)(a), (c)(ii), and (d)(ii), 775(A)(10), 776(A)(9)(b) and(10)(b), 961(2), 1360.64(C)(1), 2363(C)(1), and 3003, R.S.38:2261(A), (B), (E)(2), (3)(introductory paragraph) and (a), (4), (5),and (7), R.S. 39:302, 362(B)(3)(a)(iii) and (4)(a) and (F),1484(B)(1)(introductory paragraph) and (h), (2)(c), and(5)(introductory paragraph) and (a), 1494.1(A)(3), 1554(D)(3),1594(I)(1), 1595.4(A) and (E)(2), (3)(introductory paragraph) and(a), (4), (5), and (7), and 1952(14)(introductory paragraph) and (e),R.S. 40:5(18), 384(11), 442(2), 501(A)(2), 1299.27(A),(B)(introductory paragraph) and (2), and (C), 1299.52,1299.58(A)(introductory paragraph), (1), and (3), 1299.78.5(A)(1)and (2), 1299.113(A)(4), 1299.114(9), 1299.118(3), 1299.119(A),1300.85(C), 1300.361(B)(introductory paragraph), 1355(B),1379.3(C)(5), 1400(A) and (C) through (F), 1472.3(E)(2)(d),1485.2(3), 1563(C)(6), 1573.1(A), 1574.1(A)(13)(a), 1730.39(B),1730.66(A), 1735, 1742(A)(1), (3), and (4)(a), (B)(1), (2)(c), and (6),and (C), 1742.1, 1742.2(A)(1), (3), and (4) and (B)(1), the headingof Part V-A of Chapter 8 of Title 40 of the Louisiana RevisedStatutes of 1950, 1748(A), 2009.21, 2009.25(F)(12),2010.8(A)(2)(b)(v) and (vi), 2013(6), 2013.2, 2013.3, 2017(A)(1),(2), and (4), 2102(A)(3), 2113.5, 2116(B)(1) and (G), 2142(A),2405.5(A) and (B)(1) and (2)(c) through (f), and 2471, R.S.42:808(E), R.S. 46:51(8) and (13), 53(B), 56(B)(2) and (H)(1),61(A)(3), the heading of Subpart A of Part I of Chapter 3 of Title 46of the Louisiana Revised Statutes of 1950, 151, 156(A) and (C),230.1(A), 231.6(B), 437.14(A)(7), the heading of Part III of Chapter4 of Title 46 of the Louisiana Revised Statutes of 1950, 541, 932(9)and (10), 1053(E), 1407(B)(1)(e)(introductory paragraph), 1951,1952(introductory paragraph), (1), and (3), 1953(A), (B)(introductoryparagraph), (C), and (D), 1954, 1955, 1956(A), 1957, 1959, theheading of Chapter 29 of Title 46 of the Louisiana Revised Statutesof 1950, the heading of 2200, 2201, 2203, the heading of Chapter 30of Title 46 of the Louisiana Revised Statutes of 1950, 2251, 2252(B),2253(1), (2), (4), and (5), 2254(A), (F)(1), (2), (4), and (5),(G)(introductory paragraph), (I), and (J), 2255, 2256(A) and (B),2582(1), (2), (4), and (6), 2584(introductory paragraph), (4), and (5),and 2673(C)(5), R.S. 47:34(C)(2)(introductory paragraph) and (d)(ii),44.1(B), 79(A)(2) and (B)(5), 287.749(C)(2)(introductory paragraph)and (d)(ii), 305.38, 305.69(B)(2) and (3), 337.9(D)(17), 360(G),463.4(A)(1), (2), (4), and (6), (B)(1), (2), (3)(a), (4)(a) and (b), (5),and (6), (C)(2), (D), (E)(1)(introductory paragraph), (F), (G)(1)through (5) and (7), (I), (J)(1) through (3), (4)(introductory

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paragraph), (a), (c), and (d), (K), and (L), 463.4.1(A), 463.4.2(A)(1)and (B)(1) and (4), 463.4.3(A), 463.5(C), 463.21(A), 463.51(D)(2),473.2(B) and (D), 490.4(E), 492(E), and 1061(B), R.S. 48:23(B) and261(A)(1), R.S. 49:121(E), the heading of Subpart D of Part VII ofChapter 1 of Title 49 of the Louisiana Revised Statutes of 1950, 148,and 148.1(G)(1), (H), and (I), R.S. 51:1402(4), 1407(C) and (D)(1)through (3) and (4)(introductory paragraph), (b), (c), and (f),2 2 3 2 ( 1 1 ) ( a ) ( i i ) , 2 3 0 3 (3 ) , 2 3 1 2 ( A) ( 3 ) , 2 6 0 2 ( A) ,2603(9)(a)(introductory paragraph), 2606(A)(3) through (5),(6)(a)(introductory paragraph), (b)(introductory paragraph), (c)(i),(iii)(aa) and (bb), (d), and (B), 2607(A) and (C), and 2608, R.S.56:104.1(A), 109(A), 302.1(F)(1) and (3) through (5), 302.3(B)(2)(b)and (4)(b), 1699(A), (B), (C)(1) and (2), and (D), and 1762(C)(6) and(7), the heading of Section 12 of Chapter 1 of Title VIII of Book I ofthe Louisiana Civil Code and Civil Code Articles 354, 356, 358through 360, and 3107, Code of Criminal Procedure Articles334.4(A)(7), 573.1, 648(B)(3)(q) through (s), 658(A), 814(A)(58),and 905.5.1(A) through (G), (H)(1), (2)(introductory paragraph), and(n), Code of Evidence Article 510(B)(2)(k) and (C)(2)(f), andChildren's Code Articles 559(B)(introductory paragraph) and(C)(introductory paragraph), 681(A)(3), 683(E) and (F), 781(D) and(E), 809(C), 837(B)(3) and (G), 837.1(A)(3), 894(introductoryparagraph) and (3), 895(A), 910(E), 916, 1003(9), 1125(B), 1402(1)and (3), 1404(15) through (17) and (24), 1405(C), 1416(D) and (E),1417(A), 1420(A), 1451(A), 1465(A) and (B), 1467(B)(1), 1468(A),and 1469(A), to enact R.S. 28:64(H) and (I) and Children's CodeArticle 1003(introductory paragraph), and to repeal R.S. 17:348(C),Part IX of Chapter 1 of Title 28 of the Louisiana Revised Statutes of1950, comprised of R.S. 28:211 and 213, R.S. 40:2113.1, Chapter 9of Title 46 of the Louisiana Revised Statutes of 1950, comprised ofR.S. 46:981 and 982, Chapter 27 of Title 46 of the Louisiana RevisedStatutes of 1950, comprised of R.S. 46:2111 through 2114, Chapter33 of Title 46 of the Louisiana Revised Statutes of 1950, comprisedof R.S. 46:2391 through 2397, and Chapter 53 of Title 46 of theLouisiana Revised Statutes of 1950, comprised of R.S. 46:2681,relative to laws that refer to persons with disabilities and otherpersons with exceptionalities; to delete and make substitutions forobsolete, derogatory, or offensive terms; to provide for corrections innames of agencies, institutions, private organizations, and otherentities; to remove references to offices, bureaus, and othersubdivisions of state agencies and to programs, funds, and servicesthat have otherwise been repealed or no longer exist; to provide forrevision of terminology relative to persons with disabilities inadministrative rules, policy documents, professional resources,reference materials, manuals, and other publications; to maketechnical changes and corrections; to provide for legislative intent; toprovide for construction; and to provide for related matters.



Amendments proposed by Legislative Bureau to Reengrossed HouseBill No. 63 by Representative Leger

AMENDMENT NO. 1On page 25, delete line 7, and insert "in R.S. 11:201 through 224."

AMENDMENT NO. 2On page 38, line 13, change "; or" to "."

AMENDMENT NO. 3On page 50, line 1, change "herein" to "in this Paragraph"

AMENDMENT NO. 4On page 55, line 13, delete "said"

AMENDMENT NO. 5On page 84, line 15, following "involuntary)" and before "and"change "court time pay" to ", court time pay,"

AMENDMENT NO. 6On page 98, line 20, change "five hundred dollars or less" to "lessthan five hundred dollars"

AMENDMENT NO. 7On page 120, between lines 2 and 3, insert

"* * *"

AMENDMENT NO. 8On page 122, line 11, change "self sustaining" to "self-sustaining"

AMENDMENT NO. 9On page 165, line 29, change ", and" to "."

AMENDMENT NO. 10On page 169, line 26, following "Arc" and before "or" insert "ofLouisiana"

AMENDMENT NO. 11On page 171, line 17, change ", and" to "."

AMENDMENT NO. 12On page 193, line 19, change "out above" to "forth in this Section"

AMENDMENT NO. 13On page 198, line 12, change "Day" to "Providing day"

AMENDMENT NO. 14On page 198, line 24, delete "(food stamp)"

AMENDMENT NO. 15On page 215, line 2, change "Paragraph (5) of Subsection B" to"Paragraph (B)(5)"

AMENDMENT NO. 16On page 242, at the end of line 25, delete "the infirmed" and insert"persons with infirmities"

HOUSE BILL NO. 119—BY REPRESENTATIVES HOFFMANN AND JOHNSON

AN ACTTo amend and reenact R.S. 3:2803(61), relative to livestock at large

on certain highways; to prohibit livestock at large on LouisianaHighway 29 from Bunkie to its intersection with LouisianaHighway 115 west of Evergreen; and to provide for relatedmatters.


HOUSE BILL NO. 212—BY REPRESENTATIVE LEBAS

AN ACTTo amend and reenact R.S. 40:964(Schedule IV)(B)(1) and to enact

R.S. 40:964(Schedule II)(E)(3), (Schedule III)(B)(15), (E)(29.1)and (53.1), (Schedule IV)(B)(1.5) and (Schedule IV)(D)(13),relative to the Uniform Controlled Dangerous Substances Law;to add certain substances to Schedules II, III, and IV; and toprovide for related matters.


HOUSE BILL NO. 229—BY REPRESENTATIVE MACK

AN ACTTo enact R.S. 40:964(Schedule I)(A)(56) and (F)(15 through 28),

relative to the Uniform Controlled Dangerous Substances Law;to add certain substances to Schedule I of the UniformControlled Dangerous Substances Law; and to provide forrelated matters.


HOUSE BILL NO. 308—BY REPRESENTATIVE SEABAUGH

AN ACTTo amend and reenact R.S. 14:108.1(E), relative to the crime of

flight from an officer; to increase the possible term ofimprisonment for the crime of aggravated flight from an officer;to provide for increased penalties when the crime results in


April 21, 2014

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serious bodily injury; to provide for a definition of "seriousbodily injury"; and to provide for related matters.


HOUSE BILL NO. 414—BY REPRESENTATIVE HAZEL

AN ACTTo amend and reenact Code of Criminal Procedure Article

814(A)(26) and (27), relative to responsive verdicts; to providechanges in responsive verdicts for theft and attempted theft; andto provide for related matters.


HOUSE BILL NO. 480—BY REPRESENTATIVE RITCHIE

AN ACTTo enact R.S. 1:58.6, relative to special days; to designate three days

in July as the "Louisiana Collector Car Appreciation" weekend;to provide that these dates shall be observed annually by thestate; and to provide for related matters.


HOUSE BILL NO. 513—BY REPRESENTATIVE HENRY

AN ACTTo enact Part LXXV of Chapter 5 of Title 40 of the Louisiana

Revised Statutes of 1950, to be comprised of R.S. 40:1300.381through 1300.382, relative to chromosome deletion disorders; toprovide for definitions; to provide for dissemination ofinformation regarding velocardiofacial syndrome and 22q11.2deletion syndrome; to provide for rulemaking authority; toauthorize the use of available resources for cost containment;and to provide for related matters.


HOUSE BILL NO. 544—BY REPRESENTATIVE ADAMS

AN ACTTo amend and reenact R.S. 14:206, relative to the crime of fire

prevention interference; to add elements to the crime; and toprovide for related matters.


HOUSE BILL NO. 736—BY REPRESENTATIVE JAMES

AN ACTTo amend and reenact R.S. 40:2018.1(A), (B), and (G), relative to the

Louisiana Commission on HIV, AIDS, and Hepatitis C; tochange the composition and membership of the commission; toprovide for an extension of the termination date; and to providefor related matters.



Amendments proposed by Legislative Bureau to Reengrossed HouseBill No. 736 by Representative James

AMENDMENT NO. 1On page 2, line 14, change "serving" to "who serves"

AMENDMENT NO. 2On page 3, line 18, following "or" and before "an" change "hisdesignee who has" to "their designees who have"

HOUSE BILL NO. 741—BY REPRESENTATIVE LOPINTO

AN ACTTo amend and reenact Code of Criminal Procedure Article 559(A),

relative to the withdrawal of a guilty plea; to require acontradictory hearing on any motion to withdraw a guilty plea;to authorize the state to waive the contradictory hearing; and toprovide for related matters.


HOUSE BILL NO. 746—BY REPRESENTATIVE MORENO

AN ACTTo amend and reenact R.S. 40:2707 and 2714(E) and (I), relative to

tanning facilities; to prohibit the use of tanning equipment bypersons under eighteen years of age; to provide for noticerequirements; to make technical changes; and to provide forrelated matters.



Amendments proposed by Legislative Bureau to Engrossed HouseBill No. 746 by Representative Moreno

AMENDMENT NO. 1On page 2, line 7, change "WHICH" to "THAT"

AMENDMENT NO. 2On page 2, line 13, change "which" to "that"

HOUSE BILL NO. 833—BY REPRESENTATIVES FOIL, ANDERS, BARROW, BERTHELOT,STUART BISHOP, BROADWATER, BURFORD, HENRY BURNS,BURRELL, CARMODY, CARTER, CHAMPAGNE, COX, CROMER,GUINN, HARRIS, HARRISON, HAVARD, HAZEL, HENSGENS, HILL,HOFFMANN, HONORE, HOWARD, HUNTER, KATRINA JACKSON,JOHNSON, LEBAS, MILLER, JAY MORRIS, POPE, SCHEXNAYDER, ST.GERMAIN, THIERRY, WHITNEY, PATRICK WILLIAMS, ANDWILLMOTT

AN ACTTo enact R.S. 36:259(Y) and 802.24 and Chapter 19 of Title 46 of

the Louisiana Revised Statutes of 1950, to be comprised of R.S.46:1721 through 1740, relative to a savings program for personswith disabilities; to provide for definitions, findings, andpurposes; to create the ABLE Account Program and the ABLEAccount Authority to administer such program; to provide forcomposition, powers, and duties of the ABLE AccountAuthority; to provide for equivalency of certain aspects of theABLE Account Program to aspects of the Louisiana StudentTuition Assistance and Revenue Trust Program; to establishprogram rules; to provide for qualified expenses; to provide fortransfer of entities to the Department of Health and Hospitals forthe purpose of conferring rulemaking authority; to provide forpromulgation of rules; to provide for effectiveness contingentupon certain actions by congress; and to provide for relatedmatters.


HOUSE BILL NO. 891—BY REPRESENTATIVES STOKES AND SIMON


Revised Statutes of 1950, to be comprised of R.S. 40:1300.381through 1300.385, relative to access to treatment for terminallyill patients; to provide for findings, definitions, intent, andconstruction; to authorize provision of certain pharmaceuticaland therapeutic products by manufacturers; to specify thatgratuitous provision and insurance coverage of certaintreatments are not required; to provide for limitation of liability;to prohibit actions against licenses of physicians in specificinstances; and to provide for related matters.



509

HOUSE BILL NO. 1075— (Substitute for House Bill No. 910 byRepresentative Connick)

BY REPRESENTATIVES CONNICK, BILLIOT, STUART BISHOP,GAROFALO, GISCLAIR, LAMBERT, LEOPOLD, MONTOUCET, ANDSCHEXNAYDER

AN ACTTo amend and reenact R.S. 30:2522(4) and to enact R.S.

30:2531(A)(3), relative to litter; to provide for the definition oflitter; to provide for penalties for cigarettes and cigarette buttslittering; and to provide for related matters.


Respectfully submitted,Daniel R. Martiny

Chairman

Adoption of Legislative Bureau Report

On motion of Senator Martiny, the Legislative Bureauamendments were adopted and the Bills and Joint Resolutions wereread by title and passed to a third reading.

Introduction of Senate Resolutions

Senator Adley asked for and obtained a suspension of the rulesto read Senate Resolutions a first and second time.

SENATE RESOLUTION NO. 66—BY SENATOR DORSEY-COLOMB

A RESOLUTIONTo urge and request the Department of Transportation and

Development to perform a study relative to the increase in thenoise decibel levels as a result of the expansion of LouisianaHighway 42, also known as Burbank Drive, and elsewhere inBaton Rouge.

The resolution was read by title and placed on the Calendar fora second reading.

SENATE RESOLUTION NO. 67—BY SENATOR WALSWORTH

A RESOLUTIONTo recognize the week of April 22 through the 29 , 2014, as Thend th

World Primary Immunodeficiency Week.



A RESOLUTIONTo express the heartfelt and sincere condolences of the Senate of the

Legislature of Louisiana upon the death of Lory Mayfield FreyJr.



A RESOLUTIONTo express the Louisiana Senate's continued support of the Louisiana

Alzheimer's Disease Task Force's 2009 Final Report andimplementation of its recommendations contained therein.


SENATE RESOLUTION NO. 70—BY SENATOR MURRAY

A RESOLUTIONTo designate April 23, 2014, as YMCA Day in Louisiana.


SENATE RESOLUTION NO. 71—BY SENATOR THOMPSON

A RESOLUTIONTo designate April 30, 2014, as "FFA Day" at the legislature and to

commend the state officers of FFA.


SENATE RESOLUTION NO. 72—BY SENATOR ADLEY

A RESOLUTIONTo commend the Minden St. Jude Auction and to recognize the

owners and employees of Sanders Machine Works for theirgenerous contributions in 2014 to St. Jude Children's ResearchHospital.

On motion of Senator Adley the resolution was read by title andadopted.

Introduction ofSenate Concurrent Resolutions

SENATE CONCURRENT RESOLUTION NO. 87—BY SENATOR MILLS

A CONCURRENT RESOLUTIONTo authorize and direct the Department of Health and Hospitals to

create a working group to study the future of health care fundingin Louisiana.


SENATE CONCURRENT RESOLUTION NO. 88—BY SENATOR CHABERT

A CONCURRENT RESOLUTIONTo commend Christopher Everette Cenac, Sr. MD, for his

contribution to memorializing Louisiana history in his bookLivestock Brands and Marks.


SENATE CONCURRENT RESOLUTION NO. 89—BY SENATOR MORRELL

A CONCURRENT RESOLUTIONTo create the Local Schools Commission of Orleans to study the

feasibility of returning control of all Recovery School Districtschools located in Orleans Parish back to the Orleans ParishSchool Board.


SENATE CONCURRENT RESOLUTION NO. 90—BY SENATOR MARTINY

A CONCURRENT RESOLUTIONTo recognize the importance of electronic payments and their

superiority in terms of cost, safety, and convenience over cashand to encourage the use of electronic payments by all ofLouisiana's citizens and particularly in government financing inthe state.


Senate Concurrent Resolutions onSecond Reading


A CONCURRENT RESOLUTIONTo commend Mary Phaline Williams for her years of exemplary

service as an administrative assistant to The Honorable Dennis


April 21, 2014

510

R. Bagneris Sr., Judge of the Fourth Circuit Court of Appeals,Division C.

The concurrent resolution was read by title. Senator Morrellmoved to adopt the Senate Concurrent Resolution.

ROLL CALL

The roll was called with the following result:

YEAS

Mr. President Erdey NeversAdley Gallot PeacockAllain Guillory PerryAmedee Heitmeier RiserAppel Kostelka Smith, G.Broome LaFleur Smith, J.Brown Long TarverBuffington Martiny ThompsonChabert Mills WalsworthClaitor Morrell WardDonahue Morrish WhiteDorsey-Colomb Murray Total - 35

NAYS

Total - 0ABSENT

Cortez JohnsCrowe Peterson Total - 4

The Chair declared the Senate adopted the Senate ConcurrentResolution and ordered it sent to the House.

Rules Suspended

Senator Walsworth asked for and obtained a suspension of therules to advance to:

Senate Resolutions onSecond Reading


A RESOLUTIONTo recognize the week of April 22 through the 29 , 2014, as Thend th

World Primary Immunodeficiency Week.

On motion of Senator Walsworth the resolution was read by titleand adopted.


ASKING CONCURRENCE INHOUSE BILLS AND JOINT RESOLUTIONS

April 16, 2014


I am directed to inform your honorable body that the House ofRepresentatives has finally passed and asks your concurrence in thefollowing House Bills and Joint Resolutions:

HB No. 264 HB No. 280 HB No. 297

HB No. 405 HB No. 417 HB No. 431

HB No. 486 HB No. 694 HB No. 695

HB No. 858 HB No. 1057 HB No. 623

HB No. 1105 HB No. 1149 HB No. 1195

HB No. 1260 HB No. 305 HB No. 325

HB No. 487 HB No. 618 HB No. 624

HB No. 754 HB No. 802 HB No. 814

HB No. 1028 HB No. 1066 HB No. 1071

HB No. 1223 HB No. 1258 HB No. 1259



House Bills and Joint Resolutionson First Reading

HOUSE BILL NO. 264—BY REPRESENTATIVE MILLER

AN ACTTo amend and reenact R.S. 42:1124(C)(7) and 1124.2(C)(6), relative

to financial disclosure; to provide relative to the disclosureregarding parcels of immovable property; and to provide forrelated matters.

The bill was read by title and placed on the Calendar for asecond reading.

HOUSE BILL NO. 280—BY REPRESENTATIVE IVEY

AN ACTTo enact R.S. 40:1379.3(W), relative to concealed handgun permits;

to provide for reduced fees for active duty members, reservemembers, and veterans of the armed forces of the United States;to provide for definitions; and to provide for related matters.


HOUSE BILL NO. 297—BY REPRESENTATIVE DOVE

AN ACTTo amend and reenact R.S. 30:127(F), relative to bids for mineral

leases on state lands; to authorize the use of electronic fundstransfer for deposits accompanying such bids; and to provide forrelated matters.


HOUSE BILL NO. 305—BY REPRESENTATIVES HOFFMANN, ANDERS, BURFORD, HENRYBURNS, TIM BURNS, CARMODY, CHAMPAGNE, CHANEY, CONNICK,COX, CROMER, DOVE, GAROFALO, GUINN, HARRIS, HARRISON,HENRY, HENSGENS, HILL, HODGES, HOWARD, IVEY, KLECKLEY,LEBAS, LOPINTO, LORUSSO, JAY MORRIS, ORTEGO, POPE, PYLANT,REYNOLDS, SEABAUGH, ST. GERMAIN, STOKES, WHITNEY, ANDWILLMOTT

AN ACTTo enact R.S. 40:1299.35, relative to restriction of certain activities

by employees and representatives of abortion providers and ofaffiliates of abortion providers; to prohibit employees andrepresentatives of abortion providers or affiliates thereof fromdelivering instruction in certain schools; to prohibit such personsfrom providing materials or media for distribution in certainschools; to provide for exceptions; to provide for penalties; andto provide for related matters.



511

HOUSE BILL NO. 325—BY REPRESENTATIVES LOPINTO AND STOKES AND SENATORGUILLORY

AN ACTTo amend and reenact R.S. 14:19(A) and 20(A)(4)(a) and

(B)(introductory paragraph), relative to the justifiable use offorce or violence; to provide that the use of force or violence isjustified in certain circumstances; to provide that thejustification applies when the conflict began; to provide fortechnical changes; and to provide for related matters.


HOUSE BILL NO. 405—BY REPRESENTATIVE TIM BURNS

AN ACTTo amend and reenact R.S. 18:1511.11(B) and to enact R.S.

18:1511.11(C), relative to violations of the Campaign FinanceDisclosure Act; to provide for the time period to bring certainactions for certain violations of the Campaign FinanceDisclosure Act; and to provide for related matters.


HOUSE BILL NO. 417—BY REPRESENTATIVE LOPINTO

AN ACTTo amend and reenact R.S. 14:202.1, relative to offenses against

property; to provide for the crime of residential contractor fraud;to provide for criminal penalties; to provide for restitution; todelete provisions relating to home improvement fraud; and toprovide for related matters.



AN ACTTo amend and reenact R.S. 18:1505.4(C), relative to Campaign

Finance Disclosure; to provide relative to penalties applicableto certain political committees for participation in specifiedelections; and to provide for related matters.


HOUSE BILL NO. 486—BY REPRESENTATIVE TALBOT

AN ACTTo enact R.S. 18:1491.4(D)(3), relative to certain contributions by

certain political committees; to provide certain requirementsregarding contributions to candidates and to principal campaigncommittees and subsidiary committees of candidates; and toprovide for related matters.


HOUSE BILL NO. 487—BY REPRESENTATIVE ALFRED WILLIAMS

AN ACTTo amend and reenact R.S. 40:1300.53(A)(1) and to enact R.S.

40:1300.53(A)(3) and (4), relative to ambulance personnel; toprohibit the hiring of licensed ambulance personnel andnonlicensed persons with a conviction of certain crimes; toprovide for retroactive application; to provide for an effectivedate; and to provide for related matters.


HOUSE BILL NO. 618—BY REPRESENTATIVE ABRAMSON

AN ACTTo amend and reenact the heading of Part III of Chapter 1 of Code

Title XXIV of Code Book III of Title 9 of the Louisiana RevisedStatutes of 1950 and to enact R.S. 9:5812, relative to exemplarydamages; to provide a peremptive period for certain actions forexemplary damages related to the storage, handling, ortransportation of hazardous or toxic substances; and to providefor related matters.



AN ACTTo amend and reenact R.S. 13:4165(A) and (D) and to enact R.S.

13:4165(E), relative to the appointment of special masters; toprovide for contingent consent of the parties litigant; to providefor the compensation of the special master; to provide relativeto the authority and procedure to appoint a special master; andto provide for related matters.



AN ACTTo amend and reenact Code of Evidence Article 702, relative to

expert testimony; to provide certain criteria for experttestimony; and to provide for related matters.



AN ACTTo amend and reenact R.S. 42:1124.2(B)(2), relative to the filing of

financial disclosure statements; to require additionalnotifications regarding federal tax return extensions from certainpersons required to file financial disclosure statements; and toprovide for related matters.



AN ACTTo enact R.S. 18:1511.2(C), relative to the Campaign Finance

Disclosure Act; to provide relative to the authority of thesupervisory committee and its staff; to provide for certaininquiries; and to provide for related matters.


HOUSE BILL NO. 754—BY REPRESENTATIVES MORENO, BADON, WESLEY BISHOP,BROSSETT, HENRY BURNS, BURRELL, EDWARDS, HARRISON,LEBAS, LEGER, ST. GERMAIN, AND WILLMOTT

AN ACTTo enact R.S. 40:978.1, relative to the prescribing and administering

of an opioid antagonist for overdoses of controlled dangeroussubstances; to authorize a first responder to receive aprescription for naloxone; to authorize the first responder toadminister naloxone to a third party; to limit liability for theadministration of naloxone by a first responder; to requiretraining prior to receiving a prescription for naloxone; to require


April 21, 2014

512

promulgation of best practices; and to provide for relatedmatters.


HOUSE BILL NO. 802—BY REPRESENTATIVE BARROW


Revised Statutes of 1950, to be comprised of R.S. 40:1300.381through 1300.385, relative to toxic mold; to provide for a taskforce to study the public health impacts of toxic mold in thisstate; to provide for composition, functions, and duties of thetask force; to terminate the task force on a certain date; and toprovide for related matters.



AN ACTTo amend and reenact R.S. 46:446, relative to recovery of assistance

and medical payments made by medical assistance programs; toprovide for definitions; to confer upon Medicaid managed careorganizations certain rights of recovery; to provide relative tonotice, pleadings, compromise, and prescription in cases of thirdparty liability for injury, illness, or death; and to provide forrelated matters.


HOUSE BILL NO. 858—BY REPRESENTATIVE BARROW

AN ACTTo enact R.S. 49:200.2, relative to executive branch agencies; to

provide certain requirements prior to certain actions of a stateagency in the executive branch becoming effective orenforceable; and to provide for related matters.


HOUSE BILL NO. 1028—BY REPRESENTATIVES SCHEXNAYDER, ADAMS, ARMES, ARNOLD,BADON, BARROW, BERTHELOT, STUART BISHOP, BROADWATER,BROWN, HENRY BURNS, CARMODY, CARTER, CHAMPAGNE, COX,EDWARDS, FOIL, GISCLAIR, GUINN, HILL, HOFFMANN, HOWARD,HUNTER, KLECKLEY, LEBAS, LEGER, MILLER, MONTOUCET, POPE,PUGH, REYNOLDS, RITCHIE, THIBAUT, WHITNEY, ALFREDWILLIAMS, WILLMOTT, AND WOODRUFF

AN ACTTo amend and reenact Children's Code Articles 1271, 1272(A), (B),

and (C), 1273, and 1276 and R.S. 40:41(B)(1), 73(B), 77(B) and(D), and 79(A)(4) and to enact Children's Code Articles1124(D), 1272(E), and 1272.1 and R.S. 40:80, relative toadoption records; to provide procedures for a birth parent to filea contact preference form and updated statement of familyhistory; to authorize birth parents to prohibit the release ofcertain identifying information; to provide procedures for anadult adoptee to obtain a noncertified copy of his original birthcertificate and statement of family history; to provide for thepromulgation of rules; to provide for a public awarenesscampaign; and to provide for related matters.


HOUSE BILL NO. 1057—BY REPRESENTATIVE THIERRY

AN ACTTo amend and reenact the heading of Subpart D of Part III of Chapter

2 of Title 22 of the Louisiana Revised Statutes of 1950, R.S.22:631(introductory paragraph), (4), and (6)(c) and (d) and634(A)(1), relative to risk-based capital for health organizations;

to define "health organization"; to amend certain formulas todetermine risk-based capital; to define a "company-action levelevent"; and to provide for related matters.


HOUSE BILL NO. 1066—BY REPRESENTATIVES THOMPSON AND CARMODY

AN ACTTo amend and reenact R.S. 40:1379.3(C)(1) and (17), (K), and

(T)(1), relative to qualifications for concealed handgun permits;to provide for the submission of certain information for personsseeking a concealed handgun permit who are not United Statescitizens; to require a federal background check before issuing aconcealed handgun permit; to provide for penalties for using asuspended or revoked concealed handgun permit to purchase afirearm; and to provide for related matters.


HOUSE BILL NO. 1071—BY REPRESENTATIVE CHANEY

AN ACTTo amend and reenact R.S. 56:8(16), relative to resident status for

purchase of hunting and fishing licenses; to reduce the timerequired to qualify as a resident for the purchase of huntinglicenses; and to provide for related matters.


HOUSE BILL NO. 1105—BY REPRESENTATIVE HODGES

AN ACTTo enact R.S. 15:541.1(A)(4) and (C)(3), relative to the posting of

the National Human Trafficking Resource Center hotline; torequire certain abortion facilities to post information regardingthe hotline; to provide for duties of the Department of Healthand Hospitals; and to provide for related matters.


HOUSE BILL NO. 1149—BY REPRESENTATIVE LORUSSO

AN ACTTo enact R.S. 22:2171(C)(20), (E)(3), (F)(7), and (G)(7), relative to

the Louisiana Property and Casualty Insurance Commission; toprovide for the membership of the commission; to provide thatthe National Association of Mutual Insurance Companies shallappoint a representative to the commission; and to provide forrelated matters.



AN ACTTo amend and reenact R.S. 22:1964(24) and (25), relative to unfair

trade practices in the business of insurance; to provide that anyattempt to limit through contractual provisions the amount ofinformation that a non-captive producer may provide toconsumers on competing limited benefit or supplemental benefitplans shall be such an unfair trade practice; to provide that anyattempt to limit through contractual provisions the number ofother insurance companies that such a producer may representshall be deemed such an unfair trade practice; and to provide forrelated matters.



513

HOUSE BILL NO. 1223—BY REPRESENTATIVES CONNICK, ARMES, ARNOLD, BADON,BARROW, HENRY BURNS, BURRELL, CHAMPAGNE, COX, GUINN,HENSGENS, HONORE, HUVAL, MORENO, SCHRODER, SEABAUGH, ST.GERMAIN, THIBAUT, AND PATRICK WILLIAMS

AN ACTTo amend and reenact R.S. 27:353(8) and to enact R.S. 27:361(B)(5),

relative to the conduct of slot machine gaming activity; todedicate to facility improvements a percentage of net slotmachine proceeds from the gaming operations at the pari-mutuellive horse racing facility in Orleans; to provide for submissionof improvement plans to the Louisiana State RacingCommission; and to provide for related matters.


HOUSE BILL NO. 1258— (Substitute for House Bill No. 220 byRepresentative Thibaut)

BY REPRESENTATIVE THIBAUT AN ACT

To amend and reenact R.S. 32:295.4, relative to motor vehicleinspection; to provide guidelines for motor vehicle inspectioncheckpoints by law enforcement agencies; to provide for thelocation of checkpoints; and to provide for related matters.


HOUSE BILL NO. 1259— (Substitute for House Bill No. 661 byRepresentative Price)

BY REPRESENTATIVE PRICE AN ACT

To amend and reenact R.S. 6:667.3, R.S. 13:3733.1(A)(1), (E), and(G), and Code of Civil Procedure Articles 2636 and 2637(A)and (C) and to enact Code of Civil Procedure Article 2637(F),relative to reproductions of records retained by financialinstitutions and usage thereof; to provide for the recognition ofreproductions as authentic evidence; and to provide for relatedmatters.


HOUSE BILL NO. 1260— (Substitute for House Bill No. 738 byRepresentative Nancy Landry)

BY REPRESENTATIVE NANCY LANDRY AN ACT

To amend and reenact R.S. 9:237(C), relative to covenant marriages;to provide for notice of certain expenses; and to provide forrelated matters.



ASKING CONCURRENCE INHOUSE CONCURRENT RESOLUTIONS

April 21, 2014


I am directed to inform your honorable body that the House ofRepresentatives has finally passed and asks your concurrence in thefollowing House Concurrent Resolutions:

HCR No. 86 HCR No. 87 HCR No. 90

HCR No. 93 HCR No. 95



House Concurrent Resolutionson First Reading

HOUSE CONCURRENT RESOLUTION NO. 86—BY REPRESENTATIVES PIERRE, BARRAS, STUART BISHOP, NANCYLANDRY, TERRY LANDRY, MONTOUCET, ORTEGO, AND ROBIDEAUXAND SENATORS CORTEZ, GUILLORY, MILLS, AND PERRY

A CONCURRENT RESOLUTIONTo commend the St. Thomas More High School volleyball team upon

winning the 2013 Division II state championship.


HOUSE CONCURRENT RESOLUTION NO. 87—BY REPRESENTATIVE JAMES

A CONCURRENT RESOLUTIONTo commend the Louisiana chapter of the Alzheimer's Association

for its efforts in Louisiana to eliminate Alzheimer’s diseasethrough the advancement of research, provide and enhance careand support for all affected, and reduce the risk of dementiathrough the promotion of brain health, and to recognizeWednesday, April 23, 2014, as Alzheimer's Awareness Day atthe state capitol.


HOUSE CONCURRENT RESOLUTION NO. 90—BY REPRESENTATIVE HOFFMANN

A CONCURRENT RESOLUTIONTo recognize Wednesday, April 23, 2014, as YMCA Day in

Louisiana.


HOUSE CONCURRENT RESOLUTION NO. 93—BY REPRESENTATIVES ADAMS AND LORUSSO

A CONCURRENT RESOLUTIONTo commend the members of the United States Armed Forces for

their service and to recognize May 2014, as MilitaryAppreciation Month.


HOUSE CONCURRENT RESOLUTION NO. 95—BY REPRESENTATIVE STUART BISHOP

A CONCURRENT RESOLUTIONTo memorialize the United States Congress to take such actions as

are necessary to require places of public accommodation andcommercial facilities be equipped for persons who needassistance rising from the seated position.


House Bills and Joint Resolutions onSecond Reading

HOUSE BILL NO. 464—BY REPRESENTATIVES BROADWATER AND PUGH

AN ACTTo enact R.S. 46:311 through 318, relative to the Supplemental

Nutrition Assistance Program; to create and provide for a pilotinitiative for training and education to serve certain nutritionassistance recipients; to provide for duties of participants in the


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514

pilot initiative and of the Department of Children and FamilyServices; to provide for redesignation of laws; and to provide forrelated matters.

The bill was read by title and referred by the President to theCommittee on Health and Welfare.

HOUSE BILL NO. 465—BY REPRESENTATIVE BROADWATER

AN ACTTo enact R.S. 47:1967(H), relative to ad valorem tax; to provide with

respect to ad valorem taxes imposed on certain shares of bankstock; to provide for requirements of the Louisiana Legislature;and to provide for related matters.

The bill was read by title and referred by the President to theCommittee on Revenue and Fiscal Affairs.

HOUSE BILL NO. 469—BY REPRESENTATIVE HARRIS

AN ACTTo amend and reenact R.S. 37:1864.3(A)(1) and (3) and

1973(A)(1)(introductory paragraph) and (2), relative to used orsecondhand property; to prohibit cash payments for aluminum-copper air conditioning coils; and to provide for related matters.

The bill was read by title and referred by the President to theCommittee on Commerce, Consumer Protection, and InternationalAffairs.


AN ACTTo enact R.S. 47:1923(D)(3), relative to the Livingston Parish

assessor; to require the payment of certain group insurancepremiums for retirees of the assessor's office; to establish retireeeligibility criteria; and to provide for related matters.

The bill was read by title and referred by the President to theCommittee on Local and Municipal Affairs.

HOUSE BILL NO. 602—BY REPRESENTATIVES ABRAMSON AND LEGER

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

of the Louisiana Revised Statutes of 1950, to be comprised ofR.S. 47:120.231, relative to state individual income tax returncheckoffs for certain donations; to provide for a method forindividuals to donate all or a portion of any refund due to themto The Lighthouse for the Blind in New Orleans, Inc.; to providefor the administration and disbursement of donated monies; toprovide for reporting; to provide for an effective date; and toprovide for related matters.

The bill was read by title and referred by the President to theCommittee on Revenue and Fiscal Affairs.

HOUSE BILL NO. 613—BY REPRESENTATIVES ABRAMSON AND HENRY

AN ACTTo amend and reenact Code of Civil Procedure Article 1732(1),

relative to jury trials; to provide for the limitations on theavailability of jury trials in certain circumstances; and to providefor related matters.

The bill was read by title and referred by the President to theCommittee on Judiciary A.

HOUSE BILL NO. 1256— (Substitute for House Bill No. 152 byRepresentative Harrison)

BY REPRESENTATIVE HARRISON AN ACT

To amend and reenact R.S. 36:4(A)(5), 251, 252, 253, 254(A)(2), (3),(6), and (7), (B)(1)(a)(introductory paragraph), and (C),254.1(A), (B), (C)(introductory paragraph), (2) and (4), 254.2,255, 256, 257, 258(A) and (F), and 259, to enact R.S.

36:258(M), and to repeal R.S. 36:(4)(A)(10), 254(A)(9) through(14), (B)(5) through (7), and (9), and (D), and Chapter 10-A ofTitle 36 of the Louisiana Revised Statutes of 1950, comprisedof R.S. 36:471 through 478, relative to the reorganization of theexecutive branch of state government; to provide for theDepartment of Health and Hospitals and Children and FamilyServices by combining the Departments of Health and Hospitalsand the Department of Children and Family Services into onedepartment; to provide that the new department shall be thesuccessor of the two prior departments; to provide for theorganization of the department by creating health and hospitalsservices and children and family services within the departmentand providing for the powers, duties, and responsibilities of eachof such services; to provide for department officers and officesand their powers, duties, and responsibilities; to transferagencies to the department and provide for their powers, duties,and responsibilities; to provide for implementation; and toprovide for related matters.

The bill was read by title and referred by the President to theCommittee on Health and Welfare.

HOUSE BILL NO. 1257— (Substitute for House Bill No. 327 byRepresentative Lopinto)

BY REPRESENTATIVE LOPINTO AN ACT

To amend and reenact Code of Criminal Procedure Articles 896 and897, relative to probation; to provide for a procedure by whichconditions of probation may be modified, changed, ordischarged; to provide for a procedure by which a defendant'sprobation may be terminated; and to provide for related matters.

The bill was read by title and referred by the President to theCommittee on Judiciary B.

Reports of Committees

The following reports of committees were received and read:

REPORT OF COMMITTEE ON

EDUCATION

Senator Conrad Appel, Chairman on behalf of the Committee onEducation, submitted the following report:

April 16, 2014


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

SENATE BILL NO. 312—BY SENATOR CROWE

AN ACTTo enact R.S. 17:406.9, relative to the rights of parents of public

school children; to establish the "Parents' Bill of Rights forPublic Schools"; to provide for legislative intent; to provide forthe disclosure of student records to parents; to provide for thedisclosure of curriculum and instructional materials; to providefor notification; to restrict the use of surveys; to provide for thelimitation of controversial instruction; and to provide for relatedmatters.



AN ACTTo enact R.S. 17:6(C), relative to the general powers of the State

Board of Elementary and Secondary Education; to provide for


515

a master plan for elementary and secondary education; toprovide for reports; and to provide for related matters.


SENATE BILL NO. 598—BY SENATOR ERDEY

AN ACTTo amend and reenact R.S. 39:1701(3), relative to cooperative

purchasing; to authorize appropriate early childhood programsto conduct cooperative purchasing; and to provide for relatedmatters.


SENATE BILL NO. 599—BY SENATOR ERDEY

AN ACTTo enact R.S. 17:3048.3(B)(7), (8) and (9), relative to the Taylor

Opportunity Program for Students; to provide for informationreporting; and to provide for related matters.


SENATE BILL NO. 635—BY SENATOR LAFLEUR

AN ACTTo enact R.S. 15:905.1 and repeal R.S. 17:24.3, relative to the Cecil

J. Picard Educational and Recreational Center; to establish theCecil J. Picard Educational and Recreational Center in the officeof juvenile justice; to provide for the operations of the facility;to provide for moving the property between agencies; to repealcertain provisions governing the facility in the Department ofEducation; to provide for an effective date; and to provide forrelated matters.


HOUSE BILL NO. 1016—BY REPRESENTATIVE PIERRE

AN ACTTo enact R.S. 17:287, relative to high school diplomas; to provide for

a State Seal of Biliteracy to be affixed to the diplomas ortranscripts of students who meet certain academic eligibilitycriteria relative to language proficiency; to provide relative topurpose and legislative intent; to require the state superintendentof education to prepare the seal; to provide for the voluntaryparticipation of public school governing authorities; to providerelative to rules and regulations; and to provide for relatedmatters.


Respectfully submitted,CONRAD APPEL

Chairman


LABOR AND INDUSTRIAL RELATIONS

Senator A. G. Crowe, Chairman on behalf of the Committee onLabor and Industrial Relations, submitted the following report:

April 16, 2014


I am directed by your Committee on Labor and IndustrialRelations to submit the following report:

SENATE BILL NO. 359—BY SENATOR DONAHUE

AN ACTTo amend and reenact R.S. 23:632, relative to employers' failure to

pay wages; to provide for penalties; to provide for limitation ofpenalties; to provide for good faith exception; and to provide forrelated matters.

Reported favorably.

SENATE BILL NO. 372—BY SENATOR MARTINY

AN ACTTo amend and reenact R.S. 23:1660(C), (D), (E), (F), and (G) and to

enact R.S. 23:1660(H), relative to unemployment insurance; toprovide for audits; to provide for administrative penalties fornoncompliance with audits; to provide for reimbursement ofadministrative penalties; and to provide for related matters.

Reported favorably.

SENATE BILL NO. 412—BY SENATOR MORRELL

AN ACTTo amend and reenact R.S. 51:2231(C), 2232(12) and (13), the

introductory paragraph of 2235 and (9), 2237(1), and 2256 andto enact R.S. 23:304, relative to employer retaliation; to providewith respect to the Louisiana Commission on Human Rights; toprovide with respect to whistle blower protection indiscrimination cases; and to provide for related matters.

Reported favorably.

Respectfully submitted,A. G. CROWE

Chairman


LOCAL AND MUNICIPAL AFFAIRS

Senator Yvonne Dorsey-Colomb, Chairman on behalf of theCommittee on Local and Municipal Affairs, submitted the followingreport:

April 16, 2014


I am directed by your Committee on Local and MunicipalAffairs to submit the following report:

SENATE BILL NO. 425—BY SENATORS CORTEZ AND MILLS

AN ACTTo enact R.S. 33:42, relative to water and sewer systems; to provide

relative to the operation and maintenance of certain water andsewer systems; to provide relative to required standards,including but not limited to chlorination and other standards; toprovide for the failure to satisfy such standards and the effectsof such failure; to authorize certain actions by a politicalsubdivision; to provide certain definitions, terms, conditions,and procedures; and to provide for related matters.



AN ACTTo enact R.S. 33:383.3, relative to municipal governing authorities;

to provide for limitation of terms of elected officials; to providefor an election; to provide for an effective date; and to providefor related matters.

Reported favorably.


April 21, 2014

516

SENATE BILL NO. 674—BY SENATOR NEVERS

AN ACTTo enact R.S. 33:7.1, relative to incorporation of unincorporated

areas; to provide for a moratorium on incorporation ofunincorporated areas; to provide for an effective date; and toprovide for related matters.


HOUSE BILL NO. 97—BY REPRESENTATIVE SHADOIN

AN ACTTo amend and reenact R.S. 47:338.196(A), relative to the Union

Parish School Board; to provide with respect to the authority tolevy an additional sales and use tax; and to provide for relatedmatters.

Reported favorably.


AN ACTTo amend and reenact R.S. 33:9097.19(F)(introductory paragraph),

(2)(a), and (5), relative to East Baton Rouge Parish; to providerelative to the Sherwood Forest Crime Prevention andNeighborhood Improvement District; to provide relative to theparcel fee imposed and collected within the district; to providerelative to the collection fee; and to provide for related matters.


HOUSE BILL NO. 201—BY REPRESENTATIVE BERTHELOT

AN ACTTo amend and reenact R.S. 33:405(A)(4) and to enact R.S.

33:405(A)(5) and (6), relative to the Lawrason Act; to providerelative to the mayor pro tempore of a Lawrason Actmunicipality; to provide relative to the powers and duties of themayor pro tempore; to authorize the mayor pro tempore toperform the duties of the mayor in the case of a vacancy; and toprovide for related matters.

Reported favorably.

HOUSE BILL NO. 253—BY REPRESENTATIVES TIM BURNS, HOLLIS, PEARSON, RITCHIE,AND SIMON AND SENATORS DONAHUE AND NEVERS

AN ACTTo enact Subpart B-42 of Part IV of Chapter 1 of Title 33 of the

Louisiana Revised Statutes of 1950, to be comprised of R.S.33:130.791 through 130.795, relative to St. Tammany Parish; toauthorize the governing authority of the parish to create ageographic information system district; to provide relative to thegoverning board of the district; provide for the powers, duties,and functions of the district; and to provide for related matters.

Reported favorably.

HOUSE BILL NO. 456—BY REPRESENTATIVE SCHRODER

AN ACTTo enact R.S. 33:2541.3, relative to the municipal fire and police

civil service; to provide relative to the position of police chieffor the city of Covington; to provide that such position is in theunclassified service; to provide relative to the appointment,supervision, and discharge of any person in any such position;to provide relative to qualifications; to provide relative toresignation from the position and return to the classified service;and to provide for related matters.

Reported favorably.


AN ACTTo amend and reenact R.S. 33:2211(A), relative to the city of

Mandeville; to provide that laws governing employment ofmunicipal police, including matters of compensation, leave, andhours, do not apply to Mandeville; to provide relative toeffectiveness; and to provide for related matters.

Reported favorably.

HOUSE BILL NO. 579—BY REPRESENTATIVE DANAHAY

AN ACTTo enact R.S. 33:4727.2, relative to the city of Sulphur; to provide

relative to planning and zoning within the city; to providerelative to the powers and duties of the city's governingauthority and zoning commission; to grant the governingauthority of the city the power to grant certain powers and dutiesto the city's zoning commission; and to provide for relatedmatters.

Reported favorably.

HOUSE BILL NO. 904—BY REPRESENTATIVE JOHNSON

AN ACTTo enact R.S. 40:539(C)(8)(c), relative to employees of the

Cottonport Housing Authority; to provide that employees of theCottonport Housing Authority shall not be in the state civilservice; and to provide for related matters.

Reported favorably.

HOUSE BILL NO. 1012—BY REPRESENTATIVES LORUSSO, ADAMS, BILLIOT, STOKES,WILLMOTT, AND WOODRUFF AND SENATORS APPEL, MARTINY,AND PETERSON

AN ACTTo amend and reenact R.S. 33:1420.19, relative to Jefferson Parish;

to provide relative to a special taxing district located within theparish; to provide relative to the boundaries, purpose, andgovernance of the district; to provide relative to the powers andduties of the district and its governing board; to provide relativeto district funding; and to provide for related matters.


Respectfully submitted,YVONNE DORSEY-COLOMB

Chairman


TRANSPORTATION, HIGHWAYS ANDPUBLIC WORKS

Senator Robert Adley, Chairman on behalf of the Committee onTransportation, Highways and Public Works, submitted the followingreport:

April 16, 2014


I am directed by your Committee on Transportation, Highwaysand Public Works to submit the following report:

SENATE CONCURRENT RESOLUTION NO. 63—BY SENATOR BROOME

A CONCURRENT RESOLUTIONTo urge and request the Department of Transportation and

Development to take action to provide greater safety to the


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motoring public at the intersection of Thomas Road and ScenicHighway in East Baton Rouge Parish.


SENATE BILL NO. 79—BY SENATOR ADLEY

AN ACTTo amend and reenact R.S. 38:330.1(C)(3) and (4), relative to flood

protection authorities; to provide for appointments to the boardof commissioners of each authority; to provide relative tovacancies on the board of commissioners of each authority; andto provide for related matters.



AN ACTTo amend and reenact R.S. 38:2191(B) and (D), relative to public

contracts; to provide with respect to progressive stage paymentsmade under public contracts; to provide with respect to paymentof change orders made under public contracts; and to provide forrelated matters.

Reported favorably.


AN ACTTo enact R.S. 41:1224.1, relative to leases of certain marina property

operated by Jefferson Parish; to exempt such leases from generalrequirements for advertising and bidding; and to provide forrelated matters.


HOUSE BILL NO. 316—BY REPRESENTATIVES BURFORD, BROWN, COX, GUINN, HILL,HONORE, HOWARD, AND PYLANT

AN ACTTo amend and reenact R.S. 32:1311(B), (C), and (D) and to enact

R.S. 32:1311(E), relative to motor vehicle inspectionrequirements; to remove the requirement that single axle two-wheel trailers bear a valid safety inspection certificate; and toprovide for related matters.

Reported favorably.


AN ACTTo amend and reenact R.S. 32:414(B)(2)(a) and 667(B)(2)(c)(i) and

(ii) and (I)(1)(b), relative to suspension and seizure of driver'slicenses; to extend the time period that certain convictions or therefusal to submit to certain chemical tests can be considered forpurposes of suspension of driving privileges; and to provide forrelated matters.

Reported favorably.

HOUSE BILL NO. 419—BY REPRESENTATIVE MONTOUCET

AN ACTTo enact R.S. 38:215.1, relative to maintenance of public drainage;

to prohibit refusal of access to public drainage for maintenancepurposes; to provide relative to a determination of the right ofaccess by a court of competent jurisdiction; to provide for anaward of court costs and attorney fees; to provide fordefinitions; and to provide for related matters.

Reported favorably.


AN ACTTo amend and reenact R.S. 32:403.4(A)(1), relative to medical

evaluation reports required of persons driving a commercialmotor vehicle; and to provide for related matters.

Reported favorably.


AN ACTTo enact R.S. 47:508(A)(3), relative to the registration of certain

commercial vehicles and trailers; to establish the expiration dateand renewal period for the registration of certain vehicles andtrailers; and to provide for related matters.

Reported favorably.

HOUSE BILL NO. 896—BY REPRESENTATIVES DANAHAY AND WILLMOTT

AN ACTTo enact R.S. 32:43, relative to automated speed enforcement

devices; to prohibit the installation and use of automated speedenforcement systems on state highways; to prohibit theimposition and collection of certain fines, fees, or penaltiesunder certain circumstances; to provide for definitions; and toprovide for related matters.

Reported favorably.

Respectfully submitted,ROBERT ADLEY

Chairman

Senate Bills and Joint Resolutionson Second Reading

Reported by Committees

SENATE BILL NO. 66—BY SENATOR MILLS

AN ACTTo amend and reenact R.S. 37:1475(10) and to enact R.S.

37:1455(A)(36), relative to home inspections; to prohibit certainpersons from recommending or referring a specific homeinspector; to provide for the scope of practice of homeinspectors; to provide for certain terms, conditions, andprocedures; and to provide for related matters.

Reported with amendments by the Committee on Commerce,Consumer Protection, and International Affairs.

SENATE COMMITTEE AMENDMENTS

Amendments proposed by Senate Committee on Commerce,Consumer Protection and International Affairs to Original Senate BillNo. 66 by Senator Mills

AMENDMENT NO. 1On page 1, delete line 2, and insert:"To amend and reenact R.S. 37:1478(A) and to enact R.S.

37:1455(A)(36), relative to home"

AMENDMENT NO. 2On page 1, delete line 4 and insert: "home inspector; to providerelative to the written home inspection report; to provide"

AMENDMENT NO. 3On page 1, delete lines 7 and 8 and insert:

"Section 1. R.S. 37:1478(A) is hereby amended and reenactedand R.S. 37:1455(A)(36) is hereby enacted to read as follows:"


April 21, 2014

518

AMENDMENT NO. 4On page 2, delete lines 2 through 5 and insert the following:

"(36) Engaging in any effort, including referral orrecommendation of a specific home inspector, with the intent todeceive or defraud."

AMENDMENT NO. 5On page 2, delete lines 7 through 17 and insert:

"§1478. Written reports; solicitation prohibitedA.(1) A licensed home inspector shall provide a written report

of the home inspection to each person for whom the inspectorperforms a home inspection for compensation within five calendardays from the date of the inspection.

(2) A licensed home inspector shall include in his writtenreport of the home inspection the presence of suspected mold ormicrobial growth if during the course of inspecting the systemsand components of the structure in accordance with theprovisions of this Chapter and board rules and regulations, thelicensed home inspector discovers visually observable evidence ofsuspected mold or microbial growth.

* * *"

On motion of Senator Martiny, the committee amendment wasadopted. The amended bill was read by title, ordered engrossed andpassed to a third reading.


AN ACTTo amend and reenact R.S. 37:1103(6) and (9), relative to marriage

and family therapy; to provide for definitions; to provide for aneffective date; and to provide for related matters.



Amendments proposed by Senate Committee on Commerce,Consumer Protection and International Affairs to Original Senate BillNo. 121 by Senator Morrell

AMENDMENT NO. 1On page 1, line 2, after "and (9)" insert "and to enact R.S.37:1116(E)"

AMENDMENT NO. 2On page 1, line 6, after "reenacted" insert "and R.S. 37:1116(E) ishereby enacted"

AMENDMENT NO. 3On page 2, delete lines 9 through 13 and insert the following:

"§1116. Licensure application for marriage and familytherapists; temporary license or registration

* * *E. A licensed marriage and family therapist engaged in the

diagnosis of individuals shall furnish satisfactory evidence of thefollowing to the board:

(1) The applicant has graduated from a program of graduatestudy which in addition to the standard training in theprofessional application of psychotherapeutic and family systemstheories, will also require a minimum of six credit hours indiagnostic psychopathology, whereas students are taught tosystematically collect and analyze data based on one or both ofthe two standard diagnostic systems employed, InternationalClassification of Diseases, Ninth Revision or the Diagnostic andStatistical Manual of Mental Disorders, Fifth Edition, for theabove purposes. However, licensed marriage and familytherapists who have satisfied all other criteria for licensure asrequired by the board on August 1, 2014, shall be allowed todiagnose individuals upon completion of the continuing educationrequirements of this Section.

(2) As diagnosis is constantly being enhanced by emergingempirical research, the licensed marriage and family therapist

shall receive six hours of credit in continuing education thatfocuses on diagnosis.

(3) Nothing in this Chapter shall be construed to authorizeany person licensed under the provisions of this Chapter toassess, diagnose, or provide treatment to any individual sufferingfrom a serious mental illness, as defined by this Section, whenmedication may be indicated, except when a licensed marriageand family therapist, in accordance with best practices, consultsand collaborates with a practitioner who holds a license or permitwith the Louisiana State Board of Medical Examiners or anadvanced practice registered nurse licensed by the LouisianaState Board of Nursing who is certified as a psychiatric nursepractitioner."



AN ACTTo amend and reenact R.S. 37:751(A), 760(A)(7), and 775(A)(9) and

(B), relative to the Louisiana State Board of Dentistry; toprovide for definitions; to provide for powers and duties of theboard; to clarify unprofessional conduct; and to provide forrelated matters.



Amendments proposed by Senate Committee on Commerce,Consumer Protection and International Affairs to Original Senate BillNo. 167 by Senator Martiny

AMENDMENT NO. 1On page 1, line 2, after "37:751(A)," delete the remainder of the lineand delete lines 3 and 4 and insert: "775(A)(2) and (9) and (B), and776(14) and to enact R.S. 37:780(B)(3), relative to the LouisianaState Board of Dentistry; to provide for definitions; to provide fordental advertisements; to provide relative to unprofessional conduct;to provide for fines; to provide for terms, procedures, and conditions;and to provide for related"

AMENDMENT NO. 2On page 1, delete lines 7 and 8 and insert:

"Section 1. R.S. 37:751(A), 775(A)(2) and (9) and (B), and776(14) are hereby amended and reenacted and R.S. 37:780(B)(3) ishereby enacted to read as follows:"

AMENDMENT NO. 3On page 1, line 12, delete "in writing"

AMENDMENT NO. 4On page 1, line 16, change "advertising" to "an approvedstatement"

AMENDMENT NO. 5On page 1, line 17, after "advertising" insert a period and delete theremainder of the line and on page 2, delete lines 1 and 2 and insert:"In addition, listing, identifying, or grouping of dentists by aninsurance"

AMENDMENT NO. 6On page 2, line 5, change "(i.e., third party payer" to ", includingbut not limited to a third party payor"

AMENDMENT NO. 7On page 2, line 7, change "entity)" to "entity,"

AMENDMENT NO. 8On page 2, delete lines 8 through 10, and insert "by the dentist. Forthe purposes of this Chapter, neither the insurance company northe associated affiliate shall be deemed a referral company and


519

a listed dentist shall not be considered to be advertising througha referral service by participating with such company oraffiliate."

AMENDMENT NO. 9On page 3, delete lines 27 through 29 and on page 4, delete lines 1through 7

AMENDMENT NO. 10On page 4, between lines 10 and 11

"(2) Not including in advertisements the name which appears onthe license or renewal certificate of the dentist, the dentist'scommonly used name, or the name which is authorized underChapter 11 of Title 12 of the Louisiana Revised Statutes of 1950, asamended, relative to professional dental corporations or the use inadvertisements of any name other than that which appears on thelicense or renewal certificate of the dentist, the dentist's commonlyused name, or the name which is authorized under Chapter 11 ofTitle 12 of the Louisiana Revised Statutes of 1950, as amended,relative to professional dental corporations.

* * *"AMENDMENT NO. 11On page 4, line 11, after "(9)" insert "(a)"

AMENDMENT NO. 12On page 4, line 12, change "which that" to "which"

AMENDMENT NO. 13On page 4, between lines 14 and 15 insert:

"(b) Intentionally releasing inaccurate or misleadinginformation by a dentist to any source that promotesdissemination of inaccurate or misleading information about thedentist by, from, or through such source and failing to takeimmediate steps to request the correction of the inaccurate ormisleading information that has been released by the sourcepursuant to its relationship with the dentist. For the purposes ofthis Subparagraph, "source" includes but is not limited to aninsurance company, dental health maintenance organization, adental preferred provider organization, Medicaid, dentaldiscount company, or any other thirty party.

(c) Engaging or hiring an advertising agency or any otheragency or person to prepare material to promote the dentist'sprofessional dental services, and thereafter failing to review andapprove the material before publication or release, unless thedentist can show the failure to review and approve the materialwas caused by the failure of the agency or person and not hisown."

AMENDMENT NO. 14On page 4, line 16, after "B." insert "(1)"

AMENDMENT NO. 15On page 4, line 17, change "(either" to ", either"

AMENDMENT NO. 16On page 4, line 19, change "name)" to "name,"

AMENDMENT NO. 17On page 4, line 21, change "phone" to "telephone"

AMENDMENT NO. 18On page 4, line 22, change "requirement" to "requirementrequirements"

AMENDMENT NO. 19On page 4, line 25, change "phone" to "telephone"

AMENDMENT NO. 20On page 4, delete lines 28 and 29 and on page 5, delete lines 1through 3 and insert: "advertisement. Whether the advertisement isrun by the corporation, company, association, limited liabilitycompany, or trade name, or any individual member practicingtherein, all dentists practicing in, with or under the corporation,company, association, limited liability company, or trade name shall

be responsible for the content of the advertisement. Whenever anyadvertisement is run by or on behalf of a corporation, company,association, limited liability company, or trade name, all dentistspracticing in, with or under the corporation, company,association, limited liability company, or trade name shall beresponsible for the content of the advertisement unless anindividual dentist practicing in, with or under the corporation,company, association, limited liability company, or trade name,advises the board in writing prior to the time the board takes anyaction regarding the advertisement that he assumes soleresponsibility for the advertisement. If an individual dentistassumes sole responsibility for the advertisement pursuant to theprovisions of this Paragraph, no other dentist shall be responsiblefor such advertisement.

(2) Whenever the board determines that an advertisementconstitutes a violation of R.S. 37:775(A)(3), (4), or (5), beforetaking any further action, the board shall notify the advertisingdentist by mail of its determination and the specific portion of theadvertisement that constitutes a violation. The dentist shall havethirty days from the date of receipt of the notice by the dentist tocorrect the portions of the advertisement in violation and submitto the board proof of such correction. If the advertisement iscorrected to remove the violation within thirty days, the boardshall take no further action against the advertising dentist forunprofessional conduct with regard to such advertisement. Inthe event an advertisement cannot be corrected within the thirtydays, it shall be deemed sufficient if the dentist submits proof tothe board within thirty days that he has directed that thecorrection be made at the next publication date. Pursuant to theprovisions of this Paragraph, a dentist shall have this right tocorrect an advertisement deemed by the board to be in violationof R.S. 37:775(A)(3), (4), or (5) only the first two times notified ofsuch violation; there shall be no right to correct a third or anysubsequent violation, whether for the same advertisement or forsubsequent advertisements. If an advertisement is run by or onbehalf of a corporation, company, association, limited liabilitycompany, or trade name, the aforementioned right to correctshall be limited to two times, regardless of the number of dentistsin or associated with the corporation, association, limited liabilitycompany, or trade name.

§776. Causes for nonissuance, suspension, revocation, orimposition of restrictions of dental hygienist license

A. The board may refuse to issue or may suspend or revoke anylicense or permit or impose probationary or other limits orrestrictions on any dental license or permit issued under this Chapterfor any of the following reasons:

* * *(14) Practicing under any name other than that which appears on

the license or renewal certificate, the dentist's commonly usedname, or the name which is authorized under Chapter 11 of Title 12of the Louisiana Revised Statutes of 1950, relating to professionaldental corporations.

* * *§780. Hearing; notice; penalty; interest

* * *B. * * *(3) Regardless of medium, each advertisement found by the

committee to be in violation of the provisions of this Chaptershall be considered a single violation, regardless of the actualnumber of violations occurring in the advertisement or thenumber of dentists included in the advertisement.Notwithstanding any other provision of this Section, any fineimposed pursuant to this Section for an advertising violation shallbe not less than five hundred dollars nor more than five thousanddollars for the first offense, and the maximum allowable amountof such fine shall increase incrementally by five thousand dollarsfor each subsequent offense.

* * *"



April 21, 2014

520


AN ACTTo amend and reenact R.S. 51:703(D)(4), relative to investment

adviser representatives; to eliminate an exemption from theexamination requirement for certain investment adviserrepresentatives; to provide for certain terms, procedures, andconditions; and to provide for related matters.

Reported with amendments by the Committee on Insurance.



AMENDMENT NO. 1On page 2, line 7, change "January 1," to "August 31,"

AMENDMENT NO. 2On page 2, line 8, after "representatives" insert "registered orrequired to be registered under this Part and who are"


SENATE BILL NO. 299—BY SENATOR MORRISH

AN ACTTo enact Chapter 2-C of Code Title XII of Code Book III of Title 9

of the Louisiana Revised Statutes of 1950, to be comprised ofR.S. 9:3580.1 through 3580.10, relative to civil justice fundingcompanies; to enact the Civil Justice Funding Model Act; toprovide for definitions, terms, conditions, procedures,requirements, effects, and prohibitions; to provide for form andterms of contract; to provide for contract disclosures; to providefor violations and penalties; and to provide for related matters.



Amendments proposed by Senate Committee on Commerce,Consumer Protection and International Affairs to Original Senate BillNo. 299 by Senator Morrish

AMENDMENT NO. 1On page 2, line 10, change "the amount" to "the funded amount"

AMENDMENT NO. 2On page 3, delete lines 21 through 29 and on page 4 delete lines 1through 10 and insert the following: "secretary of state.

B. A civil justice funding company's registration shall befiled on a form and in the manner prescribed by the secretary ofstate.

C. A registration filed with the secretary of state pursuant to theprovisions of this Section shall be valid for two years. Prior to theexpiration of the registration, the civil justice funding company shallsubmit a registration renewal on a form and in a manner prescribedby the secretary of state.

D. At the time of filing a registration or registration renewal, thecivil justice funding company shall file with the secretary of state asurety bond issued by a surety company authorized to do business inLouisiana in the amount of fifty thousand dollars. In lieu of the bond,the civil"


"E. Notwithstanding the provisions of Subsection A of thisSection, a civil justice funding company that files its registrationbetween January 1, 2015, and July 1, 2015, may engage in civil

justice funding during this period and shall be deemed registered."

AMENDMENT NO. 4On page 5, line 1, change "(2)" to "F."

AMENDMENT NO. 5On page 5, line 2, delete "August 1, 2014" and insert "July 1, 2015"

AMENDMENT NO. 6On page 5, delete lines 3 through 5

AMENDMENT NO. 7On page 5, line 26, change "consumer lawsuit loans" to "civiljustice funding transaction"

AMENDMENT NO. 8On page 7, line 19, change "consumer lawsuit loan" to "civil justicefunding"


"A.(1) A violation of any provision of this Chapter shallconstitute an unfair or deceptive act or practice and subject theviolator to all provisions of the Unfair Trade and ConsumerProtection Law, R.S. 51:1401 et seq.

(2) Any person who is found liable under the provisions ofthis Chapter in an action brought by the attorney general shallbe liable to the attorney general for reasonable costs, expenses,and fees related to investigations, and proceedings associatedwith the violation, including attorney fees. An action to recovercosts, expenses, fees, and attorney fees shall be ancillary to, andshall be filed and heard in the same court as the civil actionbrought under the provisions of this Chapter."

AMENDMENT NO. 10On page 10, line 27, change "C." to "B."

AMENDMENT NO. 11On page 10, after line 29, insert

"Section 2. This Act shall become effective on January 1,2015."


SENATE BILL NO. 426—BY SENATOR LAFLEUR

AN ACTTo enact R.S. 51:1428, relative to unfair trade practices and

consumer protection; to prohibit the required use of settlementservice providers in residential real estate transactions; toprovide for definitions; to provide for certain terms, conditions,and procedures; and to provide for related matters.



Amendments proposed by Senate Committee on Commerce,Consumer Protection and International Affairs to Original Senate BillNo. 426 by Senator LaFleur

AMENDMENT NO. 1On page 2, line 8, after "1974" insert ", except flood certificates, taxservices, appraisals, home inspections and related testingservices, and credit reports"

AMENDMENT NO. 2On page 2, between lines 8 and 9, insert:

"(5) "Seller" means any natural or juridical person whocontracts to sell residential real estate in this state."


521

AMENDMENT NO. 3On page 2, line 13, change "person" to "seller"

AMENDMENT NO. 4On page 2, line 17, change "person" to "seller"

AMENDMENT NO. 5On page 2, after line 22, insert:

"F. The provisions of this Section shall not apply to lenders."



AN ACTTo enact R.S. 37:2156.3, relative to the Louisiana State Licensing

Board for Contractors; to provide relative to solar electricsystems and solar thermal systems; to provide for examinations;to provide for procedures, terms, and conditions; to provide forthe adoption of rules; and to provide for related matters.



Amendments proposed by Senate Committee on Commerce,Consumer Protection and International Affairs to Original Senate BillNo. 447 by Senator Morrell

AMENDMENT NO. 1On page 1, line 3, change "electric systems and solar thermal" to"energy equipment and"

AMENDMENT NO. 2On page 1, line 8, after "energy" insert "equipment and"

AMENDMENT NO. 3On page 1, line 9, after "solar" delete the remainder of the line andinsert "energy equipment or solar energy"

AMENDMENT NO. 4On page 1, at the beginning of line 10, delete "thermal" and change"March" to February"

AMENDMENT NO. 5On page 1, delete line 11 and insert "provisions of this Section andany rules adopted by the board in accordance with the provisionsof this Section."

AMENDMENT NO. 6On page 1, at the end of line 14, delete "electric" and insert "energyequipment or solar energy"

AMENDMENT NO. 7On page 1, at the beginning of line 15, delete "or solar thermalsystems"

AMENDMENT NO. 8On page 1, line 16, delete "by a contractor"

AMENDMENT NO. 9On page 1, line 17, after "written examination"delete the remainderof the line and insert: "that evidences the contractor's knowledgeand understanding of best practices as related to the installationand maintenance of solar energy equipment or solar energysystems by any contractor who does not hold a current Solar PVInstaller certification for solar electric systems, or a currentSolar Heating Installer certification for solar thermal hot watersystems as issued by the North American Board of CertifiedEnergy Practitioners.

C. Contractors applying for the classification of SolarEnergy Equipment, shall, in addition to all other application or

licensing requirements, meet the following requirements prior toissuance of this classification:

(1) Hold one or more of the following major classifications:(a) Building Construction.(b) Electrical Work.(c) Mechanical Work. (2) Complete training in the design of solar energy systems

by an entity and course approved by the board.D. Any work performed to connect wiring or hookups for

any photovoltaic panel or system wherein the panel or system isof a value, including labor, materials, rentals, and all direct andindirect project expenses, of ten thousand dollars or more shallonly be performed by a contractor or subcontractor who holdsthe classification of Electrical Work or who may performelectrical work under the provisions of R.S. 37:2156.2(IX)(B).

E. Any work performed to connect piping or equipment forany solar thermal system wherein the system is of a value,including labor, materials, rentals, and all direct and indirectproject expenses, of ten thousand dollars or more shall only beperformed by a contractor or subcontractor who holds theclassification of Mechanical Work or who may performmechanical work under the provisions of R.S. 37:2156.2(IX)(B).

F. Entities engaging in the business of selling or leasingsolar energy equipment must possess a state contractor's licensewith the classification of Solar Energy Equipment, if theagreement between the entity and the purchaser or lesseeincludes the installation of the solar energy equipment."



SENATE BILL NO. 483—BY SENATOR WHITE

AN ACTTo repeal R.S. 9:3578.8(C) and (D), relative to the Louisiana

Deferred Presentment and Small Loan Act; to remove certainoutdated information collection and reporting requirements; andto provide for related matters.

Reported favorably by the Committee on Commerce, ConsumerProtection, and International Affairs. The bill was read by title,ordered engrossed and passed to a third reading.

SENATE BILL NO. 573—BY SENATOR CHABERT

AN ACTTo amend and reenact R.S. 36:4(2), 101(A), (B), and (C)(1), the

introductory paragraph of 104(B)(1)(a), 107(A), and 108(A) andto enact R.S. 36:110, relative to the creation of an office ofmultimodal commerce in the Department of EconomicDevelopment and Multimodal Commerce; to provide for atransfer of certain powers, duties, responsibilities, andcorresponding department employees, equipment, facilities,funding, and statutory entities from the Department ofTransportation and Development to such office and department;to restructure the Department of Economic Development intothe Department of Economic Development and MultimodalCommerce; to create the Multimodal Commerce TransitionCommission and provide for the creation of a transition plan bysuch commission; and to provide for related matters.



Amendments proposed by Senate Committee on Commerce,Consumer Protection and International Affairs to Original Senate BillNo. 573 by Senator Chabert


April 21, 2014

522

AMENDMENT NO. 1On page 1, line 2, change "R.S. 36:4(2), 101(A), (B)," to "R.S.36:101(B)"

AMENDMENT NO. 2On page 1, at the beginning of line 5, delete "and MultimodalCommerce"

AMENDMENT NO. 3On page 1, line 9, after "Economic Development" delete theremainder of the line, and at the beginning of line 10, delete"Multimodal Commerce"

AMENDMENT NO. 4On page 1, line 14, change "R.S. 36:4(2), 101(A), (B)," to "R.S.36:101(B)"


AMENDMENT NO. 6On page 2, at the end of line 19, delete "and MultimodalCommerce"

AMENDMENT NO. 7On page 2, delete lines 21 through 29, and insert

"* * *"

AMENDMENT NO. 8On page 3, at the end of line 1, delete "and Multimodal Commerce"

AMENDMENT NO. 9On page 3, at the end of line 13, delete "and Multimodal" and at thebeginning of line 14, delete "Commerce"

AMENDMENT NO. 10On page 3, at the end of line 18, delete "and" and delete line 19

AMENDMENT NO. 11On page 4, line 12, after "Development" delete the remainder of theline and at the beginning of line 13, delete "creation"

AMENDMENT NO. 12On page 6, line 5, after "Development" delete the remainder of theline and insert "at no cost to such office."

AMENDMENT NO. 13On page 6, line 7, after "Subsection" insert ", and for theadministration thereof,"

AMENDMENT NO. 14On page 6, line 28, after the first "rules" delete the remainder of theline and delete line 29

AMENDMENT NO. 15On page 7, line 1, delete "Commerce" and change "secretary,deputy secretary, and" to "secretary and deputy secretary" and online 2, delete "undersecretary"

AMENDMENT NO. 16On page 7, line 7, change "Chapter" to "Section"

AMENDMENT NO. 17On page 8, between lines 19 and 20, insert:

"(l) The chairman of the board of the Offshore MarineService Association, or his designee."

AMENDMENT NO. 18On page 8, line 25, delete "and Multimodal Commerce"

On motion of Senator Martiny, the committee amendment wasadopted. The amended bill was read by title, ordered engrossed andrecommitted to the Committee on Finance.


AN ACTTo repeal R.S. 32:1270.1(1)(j), relative to marine products; to repeal

certain provisions relative to unauthorized acts of amanufacturer, a distributor, a wholesaler, distributor branch, orfactory branch of marine products or any officer, agent orrepresentative thereof; and to provide for related matters.




AMENDMENT NO. 1On page 1, delete line 2, and insert "To amend and reenact R.S. 32:1261(A)(1)(m) and to repeal R.S.

32:1270.1(1)(j) and 1270.11(1)(i), relative to the LouisianaMotor Vehicle Commission; to provide"

AMENDMENT NO. 2On page 1, line 4, change "marine products" to "motor vehicles,marine products, and motorcycles and all-terrain vehicles"

AMENDMENT NO. 3On page 1, between lines 6 and 7 insert:

"Section 1. R.S. 32:1261(A)(1)(m) is hereby amended andreenacted to read as follows:

§1261. Unauthorized actsA. It shall be a violation of this Chapter:(1) For a manufacturer, a distributor, a wholesaler, distributor

branch, factory branch, converter or officer, agent, or otherrepresentative thereof:

* * *(m) To fail to compensate its dealers for the work and services

they are required to perform in connection with the dealer's deliveryand preparation obligations according to the terms of compensationthat shall be filed with the commission on or before October first ofeach year. The commission shall find the compensation to bereasonable or the manufacturer shall remedy any deficiencies.

* * *"AMENDMENT NO. 4On page 1, delete line 7 and insert:

"Section 2. R.S. 32:1270.1(1)(j) and 1270.11(1)(i) are herebyrepealed."


SENATE BILL NO. 637—BY SENATOR WHITE

AN ACTTo amend and reenact R.S. 37:571(A) and 595(B), (C), and (D),

relative to the Louisiana State Board of Cosmetology; to providefor requirements of registered cosmetology schools; to providefor certain terms, conditions, and procedures; and to provide forrelated matters.

Reported favorably by the Committee on Commerce, ConsumerProtection, and International Affairs. The bill was read by title,ordered engrossed and passed to a third reading.


523

Senate Bills and Joint Resolutions onThird Reading and Final Passage

SENATE BILL NO. 250—BY SENATOR WARD

AN ACTTo amend and reenact R.S. 56:6(31), to provide for the promulgation

of rules and regulations by the Louisiana Wildlife and FisheriesCommission relative to the possession of big exotic cats; toallow for permits for certain institutions and owners; to exemptcertain persons from the requirements of the big exotic catsrules; to provide terms, conditions, and requirements; and toprovide for related matters.

On motion of Senator Ward, the bill was read by title andreturned to the Calendar, subject to call.

SENATE BILL NO. 522—BY SENATOR WARD

AN ACTTo amend and reenact R.S. 39:1484(A)(4)(b) and 1540, relative to

consulting service contracts; to authorize the office of riskmanagement to enter into consulting service contracts with oneor more licensed insurance producers; to provide for thedefinition of consulting services; to provide for approvals ofsuch contracts; and to provide for related matters.

The bill was read by title. Senator Ward moved the finalpassage of the bill.

ROLL CALL


YEAS

Mr. President Dorsey-Colomb MurrayAdley Erdey PeacockAllain Gallot PerryAmedee Guillory RiserAppel Heitmeier Smith, G.Broome Kostelka Smith, J.Brown LaFleur TarverBuffington Long ThompsonChabert Martiny WalsworthClaitor Mills WardCortez Morrell WhiteDonahue Morrish Total - 35

NAYS

Total - 0ABSENT

Crowe NeversJohns Peterson Total - 4

The Chair declared the bill was passed and ordered it sent to theHouse. Senator Ward moved to reconsider the vote by which the billwas passed and laid the motion on the table.

SENATE BILL NO. 530—BY SENATOR BROOME

AN ACTTo enact Part IX of Chapter 14 of Title 33 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 33:5011 through 5016,relative to foreclosure registry program; to provide for certaininformation relative to foreclosed property; to provide fordefinitions; to provide for enforcement; to provide for penalties;to provide for an effective date; and to provide for relatedmatters.

On motion of Senator Broome, the bill was read by title andreturned to the Calendar, subject to call.

SENATE BILL NO. 533—BY SE N AT O R S LAFLE U R AN D WALS WO R T H AN DREPRESENTATIVES CARTER AND LEGER

AN ACTTo enact Part X-B of Chapter 1 of Title 17 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 17:407.41 through407.45, relative to early childhood education enrollmentcoordination; to provide for definitions; to provide forprohibitions; to authorize local enrollment coordination entities;to provide for responsibilities of the State Board of Elementaryand Secondary Education and approved local enrollmentcoordination entities; to provide for funding of approved localenrollment coordination entities; and to provide for relatedmatters.

Floor Amendments

Senator Martiny sent up floor amendments.

SENATE FLOOR AMENDMENTS

Amendments proposed by Senator Martiny on behalf of theLegislative Bureau to Engrossed Senate Bill No. 533 by SenatorLaFleur

AMENDMENT NO. 1On page 2, line 6, change "determine" to "determines"

AMENDMENT NO. 2On page 2, line 26, change "provides" to "provide"

AMENDMENT NO. 3On page 4, line 15, change "Producing" to "Providing"

On motion of Senator Martiny, the amendments were adopted.

Floor Amendments

Senator LaFleur proposed the following amendments.


Amendments proposed by Senator LaFleur to Engrossed Senate BillNo. 533 by Senator LaFleur

AMENDMENT NO. 1On page 2, at the beginning of line 13, add "A."

AMENDMENT NO. 2On page 3, delete lines 23 through 28.

AMENDMENT NO. 3On page 3, line 29, change "(8)" to "(7)"

AMENDMENT NO. 4On page 4, between lines 3 and 4, insert the following:

"B. (1) The initial authorization of a local early learningenrollment coordinator shall be for a period up to five years.

(2) After the initial authorization period, the state boardmay grant renewal of authorization for additional periods of notless than three years nor more than five years after thoroughreview of the local early learning enrollment coordinatoractivities."

On motion of Senator LaFleur, the amendments were adopted.

The bill was read by title. Senator LaFleur moved the finalpassage of the amended bill.


April 21, 2014

524

ROLL CALL


YEAS

Mr. President Dorsey-Colomb MurrayAdley Erdey NeversAllain Gallot PeacockAmedee Guillory PerryAppel Heitmeier RiserBroome Kostelka Smith, G.Brown LaFleur Smith, J.Buffington Long TarverChabert Martiny ThompsonClaitor Mills WalsworthCortez Morrell WardDonahue Morrish White Total - 36

NAYS

Total - 0ABSENT

Crowe Johns Peterson Total - 3

The Chair declared the amended bill was passed, orderedreengrossed and sent to the House. Senator LaFleur moved toreconsider the vote by which the bill was passed and laid the motionon the table.

SENATE BILL NO. 582—BY SENATOR CLAITOR

AN ACTTo amend and reenact R.S. 32:412(A)(4)(a) and the introductory

paragraph of (b) and (7)(a) and the introductory paragraph of(b), (B)(7)(a)(i) and the introductory paragraph of (ii), (b)(i) andthe introductory paragraph of (ii), (c)(i) and the introductoryparagraph of (ii), (d)(i) and the introductory paragraph of (ii),(e)(i)(aa), the introductory paragraph of (bb), and (dd) and(ii)(aa), (bb), and (dd), and (C), relative to motor vehicles; toprovide for the duration of a driver's license; and to provide forrelated matters.

The bill was read by title. Senator Claitor moved the finalpassage of the bill.

ROLL CALL


YEAS


NAYS

Total - 0ABSENT


The Chair declared the bill was passed and ordered it sent to theHouse. Senator Claitor moved to reconsider the vote by which thebill was passed and laid the motion on the table.

SENATE BILL NO. 622—BY SENATOR APPEL

AN ACTTo enact R.S. 17:3921.2, relative to educational technology; to

require the state Department of Education to develop andimplement a statewide educational technology plan; to providefor plan components; to provide for the duties andresponsibilities of the Department of Education, the statesuperintendent of education, public schools and school systems,and the Board of Regents; to provide for evaluations,assessments, and reporting; and to provide for related matters.

The bill was read by title. Senator Appel moved the finalpassage of the previously amended bill.

ROLL CALL


YEAS


NAYS

Total - 0ABSENT


The Chair declared the amended bill was passed, orderedreengrossed and sent to the House. Senator Appel moved toreconsider the vote by which the bill was passed and laid the motionon the table.

SENATE BILL NO. 627—BY SENATOR MURRAY

AN ACTTo amend and reenact R.S. 37:2171.2(B) and 2175.2(C) and to enact

R.S. 23:1064, relative to workers' compensation; to provide forcertain home improvement contractors; to provide for certainexemptions from the requirements of workers' compensationcoverage; to provide for remedies in tort; to provide reservationof certain rights; to provide for forms; to provide for affidavits;to provide for permitting; and to provide for related matters.

Floor Amendments



Amendments proposed by Senator Martiny on behalf of theLegislative Bureau to Engrossed Senate Bill No. 627 by SenatorMurray


525

AMENDMENT NO. 1On page 1, line 15, following "employees" change ", no independentcontractors, and no" to "and employs no independent contractorsor"

AMENDMENT NO. 2On page 2, line 3, before "employs" change "who" to "that"

AMENDMENT NO. 3On page 2, line 3, following "or" and before "has" change "who" to"that"

AMENDMENT NO. 4On page 2, line 28, following "are" and before "hereby" delete "is"


The bill was read by title. Senator Murray moved the finalpassage of the amended bill.

ROLL CALL


YEAS


NAYS

Total - 0ABSENT


The Chair declared the amended bill was passed, orderedreengrossed and sent to the House. Senator Murray moved toreconsider the vote by which the bill was passed and laid the motionon the table.


AN ACTTo enact R.S. 17:176(F), relative to school interscholastic

extracurricular athletic programs; to prohibit certain schoolsfrom being a member of, or participating in any competitionsponsored by, organizations that do not provide for arbitrationof eligibility issues; and to provided for related matters.

Floor Amendments

Senator Claitor proposed the following amendments.


Amendments proposed by Senator Claitor to Engrossed Senate BillNo. 633 by Senator Claitor

AMENDMENT NO. 1On page 1, line 11, after "F." and before "Notwithstanding" insert"(1)"

AMENDMENT NO. 2On page 1, line 13, after "by, any" and before "interscholastic"insert "intrastate"

AMENDMENT NO. 3On page 1, between lines 15 and 16, add the following:

"(2) For the purposes of this Section, the term "third partyarbitration" means a process that provides all of the followingelements:

(a) The rules and procedures established by the associationor organization shall generally comply with the spirit of the rulesand procedures of the American Arbitration Association.

(b) Arbitrators shall be approved by the AmericanArbitration Association and the parties.

(c) Arbitration shall be implemented only after all internalremedies have been exhausted.

(d) Each party shall bear the cost of its own representationand any other costs related to its presentation, if any.

(e) Except as provided in Subparagraph (d) of thisParagraph, the losing party shall bear the costs of the arbitrationproceeding.

(f) The resulting arbitration decision shall be final and non-appealable."

On motion of Senator Claitor, the amendments were adopted.

The bill was read by title. Senator Claitor moved the finalpassage of the amended bill.

ROLL CALL


YEAS

Mr. President Buffington KostelkaAdley Chabert MartinyAllain Claitor MorrellAppel Dorsey-Colomb MurrayBroome Guillory Smith, G.Brown Heitmeier Ward Total - 18

NAYS

Amedee Long RiserCortez Mills Smith, J.Donahue Morrish ThompsonErdey Nevers WalsworthGallot Peacock WhiteLaFleur Perry Total - 17

ABSENT

Crowe PetersonJohns Tarver Total - 4

The Chair declared the amended bill failed to pass.

Notice of Reconsideration

Senator Claitor moved to reconsider on the next Legislative Daythe vote by which the amended bill failed to pass.

SENATE BILL NO. 636—BY SENATORS WHITE AND CLAITOR

AN ACTTo enact Subpart D of Part II of Chapter 1 of Title 17 of the

Louisiana Revised Statutes of 1950, to be comprised of R.S.17:131 through 137, relative to school systems serving largepopulations; to provide for governance and administration ofsuch systems; to provide for powers and duties of the schoolboard and superintendent of such systems and of schoolprincipals; to provide for establishment of enrollment zones and


April 21, 2014

526

an enrollment system; to provide for community school councilsand community academic coordinators; to provide relative tolegacy costs; to provide for effective and implementation dates;and to provide for related matters.

Floor Amendments



Amendments proposed by Senator Martiny on behalf of theLegislative Bureau to Engrossed Senate Bill No. 636 by SenatorWhite

AMENDMENT NO. 1On page 2, line 12, following "a" and before "is" change "largeschool system" to ""large school system""

AMENDMENT NO. 2On page 7, line 1, following "entity" and before "is" change "which"to "that"

AMENDMENT NO. 3On page 8, line 25, following "the" and before "and" change"American College Test (ACT)" to "ACT"


On motion of Senator White, the amended bill was read by titleand returned to the Calendar, subject to call.

SENATE BILL NO. 665—BY SENATOR CORTEZ

AN ACTTo amend and reenact R.S. 47:302.18(B) and 332.9(B), relative to

the Lafayette Parish Visitors Enterprise Fund; to provide forallocation and distributions of monies in the fund; to provide foran effective date; and to provide for related matters.

On motion of Senator Cortez, the bill was read by title andreturned to the Calendar, subject to call.

SENATE BILL NO. 667—BY SENATOR ADLEY

AN ACTTo amend and reenact R.S. 30:29(B)(6), (H), and (I) and Code of

Civil Procedure Art. 1563(A)(2) and to enact R.S.30:29(C)(2)(c) and (M), relative to the remediation of oilfieldsites and exploration and production sites; to provide forpresumption and jury charge following a limited admission ofliability; to provide for reasonable attorney fees and costsfollowing a preliminary dismissal; to provide for certainremediation damages; to provide terms, conditions, andrequirements; and to provide for related matters.

On motion of Senator Adley the bill was made Special Order ofthe Day No. 1 on Tuesday, April 22, 2014.


AN ACTTo amend and reenact R.S. 14:202.1(B) and (C), and to enact R.S.

14:202.1(A)(4) and 202.2, relative to criminal offenses againstproperty; to provide criminal penalties relative to failure to meetcertain contractual obligations for the installation andmaintenance of a solar electric system or solar thermal system;to provide relative to definitions; and to provide for relatedmatters.

Floor Amendments



Amendments proposed by Senator Martiny on behalf of theLegislative Bureau to Engrossed Senate Bill No. 63 by SenatorMorrell

AMENDMENT NO. 1On page 2, line 13, following "reasons" change "which" to "that"


On motion of Senator Morrell, the amended bill was read by titleand returned to the Calendar, subject to call.

SENATE BILL NO. 69—BY SENATOR MURRAY

AN ACTTo amend and reenact R.S. 22:1333(F) and to enact R.S. 22:1333(G),

relative to homeowner's insurance policies; to prohibit thesepolicies from excluding coverage of the intentional act of policyholders' minor child; and to provide for related matters.

Floor Amendments



Amendments proposed by Senator Martiny on behalf of theLegislative Bureau to Engrossed Senate Bill No. 69 by SenatorMurray

AMENDMENT NO. 1On page 1, lines 14-15, delete "null and"


On motion of Senator Murray, the amended bill was read by titleand returned to the Calendar, subject to call.


AN ACTTo amend and reenact R.S. 40:966(B), relative to penalties for

certain drug offenses; to increase the maximum term ofimprisonment allowed for the manufacture, distribution, orpossession with intent to distribute heroin to ninety-nine years;and to provide for related matters.

The bill was read by title. Senator Claitor moved the finalpassage of the bill.

ROLL CALL


YEAS

Mr. President Dorsey-Colomb PerryAdley Erdey PetersonAllain Gallot RiserAmedee Heitmeier Smith, G.Appel Kostelka Smith, J.Broome Long TarverBrown Martiny ThompsonBuffington Mills WalsworthChabert Morrell WardClaitor Morrish WhiteCortez NeversDonahue Peacock Total - 34


527

NAYS

LaFleur Murray Total - 2

ABSENT

Crowe Guillory Johns Total - 3

The Chair declared the bill was passed and ordered it sent to theHouse. Senator Claitor moved to reconsider the vote by which thebill was passed and laid the motion on the table.

SENATE BILL NO. 108—BY SENATOR APPEL

AN ACTTo amend and reenact R.S. 17:3123.1(B) and (C), relative to the

commissioner of higher education; to delete the requirement thatthe commissioner of higher education be confirmed by theSenate; to delete the requirement that the salary of thecommissioner of higher education be approved by the JointLegislative Committee on the Budget; and to provide for relatedmatters.

Floor Amendments



Amendments proposed by Senator Martiny on behalf of theLegislative Bureau to Engrossed Senate Bill No. 108 by SenatorAppel

AMENDMENT NO. 1On page 1, line 2, delete "(B) and"

AMENDMENT NO. 2On page 1, lines 3-4, following ";" delete "to delete the requirementthat the commissioner of higher education be confirmed by theSenate;"

AMENDMENT NO. 3On page 1, line 8, change "(B) and (C) are" to "(C) is"



The bill was read by title. Senator Appel moved the finalpassage of the amended bill.

ROLL CALL


YEAS

Mr. President Gallot PerryAdley Guillory PetersonAllain Heitmeier RiserAmedee Kostelka Smith, G.Appel LaFleur Smith, J.Broome Long TarverBrown Martiny ThompsonBuffington Mills WalsworthChabert Morrell WardDonahue Morrish WhiteDorsey-Colomb MurrayErdey Nevers Total - 34

NAYS

Claitor Peacock Total - 2

ABSENT

Cortez Crowe Johns Total - 3

The Chair declared the amended bill was passed, orderedreengrossed and sent to the House. Senator Appel moved toreconsider the vote by which the bill was passed and laid the motionon the table.

SENATE BILL NO. 161—BY SENATORS MURRAY AND WALSWORTH

AN ACTTo enact R.S. 24:524, relative to the legislative auditor; to provide

for recovery of costs incurred by the legislative auditor to audit,investigate, or report possible fraud, theft, or othermisappropriation; to provide for civil suits against theresponsible party; to provide for assistance of the attorneygeneral; and to provide for related matters.

The bill was read by title. Senator Murray moved the finalpassage of the bill.

ROLL CALL


YEAS

Mr. President Erdey PeacockAdley Gallot PerryAllain Guillory PetersonAmedee Heitmeier RiserAppel Kostelka Smith, G.Broome LaFleur Smith, J.Brown Long TarverBuffington Martiny ThompsonChabert Mills WalsworthClaitor Morrell WardCortez Morrish WhiteDonahue MurrayDorsey-Colomb Nevers Total - 37

NAYS

Total - 0ABSENT

Crowe Johns Total - 2

The Chair declared the bill was passed and ordered it sent to theHouse. Senator Murray moved to reconsider the vote by which thebill was passed and laid the motion on the table.

SENATE BILL NO. 187—BY SENATOR KOSTELKA

AN ACTTo amend and reenact R.S. 40:981.3(D) and to repeal R.S.

40:981.3(E), relative to controlled dangerous substances; toallow enhanced sentencing for violations of the UniformControlled Dangerous Substances Law occurring within aprivate residence located in a drug free zone; and to provide forrelated matters.

The bill was read by title. Senator Kostelka moved the finalpassage of the bill.


April 21, 2014

528

ROLL CALL


YEAS


NAYS

Total - 0ABSENT


The Chair declared the bill was passed and ordered it sent to theHouse. Senator Kostelka moved to reconsider the vote by which thebill was passed and laid the motion on the table.


AN ACTTo enact Code of Criminal Procedure Article 881.8, relative to

habitual offenders; to provide for the reduction of certainhabitual offender sentences under certain circumstances; and toprovide for related matters.

The bill was read by title. Senator Martiny moved the finalpassage of the bill.

ROLL CALL


YEAS


NAYS

Total - 0ABSENT


The Chair declared the bill was passed and ordered it sent to theHouse. Senator Martiny moved to reconsider the vote by which thebill was passed and laid the motion on the table.


AN ACTTo amend and reenact R.S. 13:4364(A) and 4365(B), relative to

sheriffs; to provide relative to sheriffs appointing appraisers incertain cases; to prohibit convicted felons from being appointedas appraisers; and to provide for related matters.

The bill was read by title. Senator Morrell moved the finalpassage of the bill.

ROLL CALL


YEAS


NAYS

Total - 0ABSENT


The Chair declared the bill was passed and ordered it sent to theHouse. Senator Morrell moved to reconsider the vote by which thebill was passed and laid the motion on the table.


AN ACTTo amend and reenact R.S. 14:98(F)(2), relative to operating a

vehicle while intoxicated; to provide relative to priorconvictions for operating while intoxicated; and to provide forrelated matters.

The bill was read by title. Senator Martiny moved the finalpassage of the bill.

ROLL CALL


YEAS

Mr. President Dorsey-Colomb NeversAdley Erdey PeacockAllain Gallot PerryAmedee Heitmeier PetersonAppel Kostelka RiserBroome LaFleur Smith, G.Brown Long Smith, J.Buffington Martiny TarverChabert Mills ThompsonClaitor Morrell WardCortez Morrish WhiteDonahue Murray Total - 35


529

NAYS

Total - 0ABSENT

Crowe JohnsGuillory Walsworth Total - 4

The Chair declared the bill was passed and ordered it sent to theHouse. Senator Martiny moved to reconsider the vote by which thebill was passed and laid the motion on the table.

SENATE BILL NO. 302—BY SENATOR MILLS

AN ACTTo amend and reenact R.S. 40:1299.53, relative to persons who may

consent to surgical or medical treatment; to provide relative toan adult friend of certain patients; to provide relative tocircumstances where no person is reasonably available toconsent for the patient; to provide relative to physiciandiscretion; to provide for certain terms, conditions, andprocedures; to provide for certain immunity; and to provide forrelated matters.

Floor Amendments



Amendments proposed by Senator Martiny on behalf of theLegislative Bureau to Engrossed Senate Bill No. 302 by SenatorMills

AMENDMENT NO. 1On page 2, line 11, following "person" and before "through" change"to consent in Paragraphs (1)" to "listed in Paragraphs (2)"

AMENDMENT NO. 2On page 2, line 12, following "Subsection" and before "," insert "toconsent"

AMENDMENT NO. 3On page 3, line 13, following "under" and before "(A)" change"Subsection" to "Paragraphs"

AMENDMENT NO. 4On page 4, line 7, change "Subsection" to "Paragraphs"

AMENDMENT NO. 5On page 4, line 11, following "documented" and before "effort"change "good faith" to "good-faith"




AMENDMENT NO. 9On page 5, line 16, following "R.S." and before "1299.39" insert"40:"

AMENDMENT NO. 10On page 5, line 22, following "C" and before "," change "above" to"of this Section"

AMENDMENT NO. 11On page 6, line 5, following "R.S." and before "1299.39" insert "40:"

AMENDMENT NO. 12On page 6, line 14, following "R.S." and before "1299.39" insert"40:"


The bill was read by title. Senator Mills moved the finalpassage of the amended bill.

ROLL CALL


YEAS


NAYS

Total - 0ABSENT


The Chair declared the amended bill was passed, orderedreengrossed and sent to the House. Senator Mills moved toreconsider the vote by which the bill was passed and laid the motionon the table.


AN ACTTo enact Chapter 36 of Title 40 of the Louisiana Revised Statutes of

1950, comprised of R.S. 40:2901 and 2902, and R.S. 14:322.1,relative to the use and regulation of unmanned aircraft; to enactthe "Deterrence of Reconnaissance Over Noncriminal EntitiesAct"; to create the crime of illegal use of unmanned aircraft tocapture images and wireless data; to provide definitions; toprovide exceptions; to provide criminal and civil penalties; toprovide relative to the use of unmanned aircraft by lawenforcement agencies; to provide reporting requirements; and toprovide for related matters.

Floor Amendments



Amendments proposed by Senator Martiny on behalf of theLegislative Bureau to Engrossed Senate Bill No. 330 by SenatorClaitor

AMENDMENT NO. 1On page 2, line 1, change "real" to "immovable"

AMENDMENT NO. 2On page 2, lines 6-7, change "Paragraph (A)(1) of this Section" to"Paragraph (1) of this Subsection"


April 21, 2014

530

AMENDMENT NO. 3On page 2, line 9, change "Paragraph (A)(1) of this Section" to"Paragraph (1) of this Subsection"

AMENDMENT NO. 4On page 2, line 11, change "A" to "B"



AMENDMENT NO. 7On page 4, line 3, following "private" and before "property" insert"immovable"



AMENDMENT NO. 10On page 6, line 17, change "episode" to "occurrence"




Floor Amendments

Senator Allain proposed the following amendments.


Amendments proposed by Senator Allain to Engrossed Senate BillNo. 330 by Senator Claitor


"(18) If the image captured is used solely in a generallyaccepted agricultural operation as defined in R.S. 3:3602(5) orsolely in conjunction with a research program or initiativeconducted by a public institution of higher education relative toagriculture."

On motion of Senator Allain, the amendments were adopted.

Floor Amendments

Senator Claitor proposed the following amendments.


Amendments proposed by Senator Claitor to Engrossed Senate BillNo. 330 by Senator Claitor


"(18)(a) If the image is captured for the sole purpose of newsgathering or news programming by a radio or television stationor by a newspaper, printed or electronic.

(b) For the purposes of this Paragraph:(i) "News gathering" means to obtain, broadcast, or publish

information about a current news event or subject.(ii) "Newspaper" means a newspaper that has been

published for a minimum of one year and is a member of astatewide or national press association."

Senator Claitor moved the adoption of the amendments.

Senator Perry objected.

ROLL CALL


YEAS

Adley ClaitorBuffington Mills Total - 4

NAYS

Mr. President Gallot PerryAllain Guillory PetersonAmedee Heitmeier RiserAppel LaFleur Smith, G.Broome Long Smith, J.Brown Martiny TarverChabert Morrell WalsworthCortez Morrish WardDonahue Murray WhiteDorsey-Colomb NeversErdey Peacock Total - 31

ABSENT

Crowe KostelkaJohns Thompson Total - 4

The Chair declared the amendments were rejected.

The bill was read by title. Senator Claitor moved the finalpassage of the amended bill.

ROLL CALL


YEAS

Allain Cortez PerryAmedee Donahue RiserBuffington Guillory Smith, G.Chabert Mills ThompsonClaitor Peacock White Total - 15

NAYS

Mr. President Gallot MurrayAdley Heitmeier NeversAppel LaFleur PetersonBroome Long Smith, J.Brown Martiny TarverDorsey-Colomb Morrell WalsworthErdey Morrish Ward Total - 21

ABSENT

Crowe Johns Kostelka Total - 3

The Chair declared the amended bill failed to pass.

Notice of Reconsideration

Senator Claitor moved to reconsider on the next Legislative Daythe vote by which the amended bill failed to pass.


531

SENATE BILL NO. 332—BY SENATOR MORRISH AND REPRESENTATIVE MONTOUCET

AN ACTTo enact R.S. 44:24, relative to public records; to provide for an

exception to public records for bidding documents for a projectfor public work until bids on such project are opened; and toprovide for related matters.

The bill was read by title. Senator Morrish moved the finalpassage of the bill.

ROLL CALL


YEAS

Mr. President Dorsey-Colomb PeacockAdley Gallot PerryAllain Guillory PetersonAmedee Heitmeier RiserAppel LaFleur Smith, G.Broome Long Smith, J.Brown Martiny TarverBuffington Mills ThompsonChabert Morrell WalsworthClaitor Morrish WardCortez Murray WhiteDonahue Nevers Total - 35

NAYS

Total - 0ABSENT

Crowe JohnsErdey Kostelka Total - 4

The Chair declared the bill was passed and ordered it sent to theHouse. Senator Morrish moved to reconsider the vote by which thebill was passed and laid the motion on the table.


AN ACTTo amend and reenact R.S. 40:4.13, relative to water systems; to

provide for water system regulations; to provide for thepromulgation of rules and regulations; and to provide for relatedmatters.

Floor Amendments



Amendments proposed by Senator Martiny on behalf of theLegislative Bureau to Engrossed Senate Bill No. 341 by SenatorDonahue

AMENDMENT NO. 1On page 2, lines 12-13, change "Great Lakes and Upper MississippiBoard of State Sanitary Engineers" to "Great Lakes-UpperMississippi River Board of State and Provincial Public Healthand Environmental Managers"


The bill was read by title. Senator Donahue moved the finalpassage of the amended bill.

ROLL CALL


YEAS

Mr. President Erdey NeversAdley Gallot PeacockAllain Guillory PerryAppel Heitmeier PetersonBroome Kostelka RiserBrown LaFleur Smith, G.Buffington Long Smith, J.Chabert Martiny TarverClaitor Mills ThompsonCortez Morrell WalsworthDonahue Morrish WardDorsey-Colomb Murray White Total - 36

NAYS

Total - 0ABSENT

Amedee Crowe Johns Total - 3

The Chair declared the amended bill was passed, orderedreengrossed and sent to the House. Senator Donahue moved toreconsider the vote by which the bill was passed and laid the motionon the table.

SENATE BILL NO. 353—BY SENATOR PEACOCK

AN ACTTo enact R.S. 44:4(48), relative to public records; to exempt certain

jury selection records from public records; to exempt personalinformation of jurors from public records; and to provide forrelated matters.

On motion of Senator Peacock, the bill was read by title andreturned to the Calendar, subject to call.

Rules Suspended

Senator Murray asked for and obtained a suspension of the rulesto revert to the Morning Hour.


CONCURRING INSENATE CONCURRENT RESOLUTIONS

April 21, 2014


I am directed to inform your honorable body that the House ofRepresentatives has finally concurred in the following SenateConcurrent Resolutions:


A CONCURRENT RESOLUTIONTo commend Mary Phaline Williams for her years of exemplary

service as an administrative assistant to The Honorable DennisR. Bagneris Sr., Judge of the Fourth Circuit Court of Appeals,Division C.


April 21, 2014

532





SENATE RESOLUTION NO. 73—BY SENATORS CLAITOR, BROOME AND DORSEY-COLOMB

A RESOLUTIONTo commend and congratulate Sue Turner on being selected to

receive the George Rodrigue Lifetime Cultural AchievementAward at the 2014 Louisiana Culture Awards and to recognizeher many achievements and contributions.


SENATE RESOLUTION NO. 74—BY SENATOR CLAITOR

A RESOLUTIONTo commend and congratulate Kris Cangelosi on being selected to

receive the Art Leadership Award at the 2014 Louisiana CultureAwards and to recognize her many achievements andcontributions.


SENATE RESOLUTION NO. 75—BY SENATORS GUILLORY AND PERRY

A RESOLUTIONTo commend, recognize, and welcome Canadian visitors in Louisiana

to take part in the celebration of the twenty-fifth anniversary ofthe twinning of the communities of Dieppe in Acadia in NewBrunswick and Carencro.



A RESOLUTIONTo express the sincere condolences of the Senate of the Legislature

of Louisiana upon the death of Randy Dale Lamana, East BatonRouge Parish School Board member.


Introduction ofSenate Concurrent Resolutions

SENATE CONCURRENT RESOLUTION NO. 91—BY SENATOR MARTINY

A CONCURRENT RESOLUTIONTo request the Department of Revenue to study the effects of

exempting communications networks from certain taxes and toreport its findings to the legislature.


SENATE CONCURRENT RESOLUTION NO. 92—BY SENATOR JOHN SMITH

A CONCURRENT RESOLUTIONTo urge and request the governor of Louisiana to express support of

the United States Armed Services Active Duty, ReserveComponent and National Guard; to recognize the impact of themilitary on Louisiana's economy; to resource adequately thoseefforts designed to protect and promote the missions, quality oflife and economic viability of Louisiana's military installationand defense communities.



ASKING CONCURRENCE INHOUSE BILLS AND JOINT RESOLUTIONS

April 21, 2014


I am directed to inform your honorable body that the House ofRepresentatives has finally passed and asks your concurrence in thefollowing House Bills and Joint Resolutions:

HB No. 171 HB No. 988 HB No. 5

HB No. 38 HB No. 39 HB No. 61

HB No. 87 HB No. 495 HB No. 553

HB No. 584



House Bills and Joint Resolutionson First Reading

HOUSE BILL NO. 5—BY REPRESENTATIVE PEARSON

AN ACTTo amend and reenact R.S. 11:1821(B) and (G), relative to the board

of trustees of the Municipal Employees' Retirement System; toprovide relative to the composition of the board with respect toelected members; to provide relative to service as an electedtrustee; to provide restrictions relative to board composition; andto provide for related matters.



AN ACTTo amend and reenact R.S. 11:441(A)(2)(b), 461(B)(3)(b), 726(B),

761(A)(3) and (4), 765(A) and (B)(1), 780, 783(A)(3)(a),786(A)(2) and (3), 802, 1141(A), 1142, and 1147(C)(4) and toenact R.S. 11:441(A)(2)(c), 461(B)(3)(c), 761(A)(5), and786(A)(4), relative to retirement eligibility for certain new hiresin the Louisiana State Employees' Retirement System, theTeachers' Retirement System of Louisiana, and the LouisianaSchool Employees' Retirement System; to establish newretirement eligibility for certain members hired on or after July1, 2014; to provide relative to disability retirements; to providefor technical corrections; and to provide for related matters.



AN ACTTo enact R.S. 11:1456.1(E), relative to Back-Deferred Retirement

Option Plan in the Louisiana Assessors' Retirement Fund; toprovide relative to lump-sum distributions from such plan; toauthorize transfers to a third-party provider; to provide relativeto contracts to manage such funds; to provide relative to therights, duties, and obligations of participants, providers, thefund, and the state; and to provide for related matters.


533


HOUSE BILL NO. 61—BY REPRESENTATIVE POPE

AN ACTTo amend and reenact R.S. 13:5554.2(C)(2) and (G)(1)(a), relative to

the Livingston Parish Retired Employees' Insurance Fund; toprovide relative to the administration of the Livingston ParishRetired Employees' Insurance Fund; to provide for theinvestment of fund monies; to provide for members of theinvestment advisory board; and to provide for related matters.


HOUSE BILL NO. 87—BY REPRESENTATIVE DANAHAY

AN ACTTo amend and reenact R.S. 11:1732(13) and (14) and to enact R.S.

11:1751(F), relative to the Municipal Employees' RetirementSystem; to provide relative to definitions for the system; toprovide relative to contemporaneous employment by more thanone participating employer; to provide relative to creditableservice for such employment; and to provide for related matters.



AN ACTTo enact R.S. 17:81(X) and 3996(B)(34), relative to public school

employers; to require governing authorities of public schools tooffer their employees the opportunity to participate in the statedeferred compensation plan; and to provide for related matters.


HOUSE BILL NO. 495—BY REPRESENTATIVE ADAMS

AN ACTTo amend and reenact R.S. 40:1563.1(A), relative to the authority of

certain officials to conduct investigations and make arrests; toadd simple arson of a religious building to the list of offenses forwhich a fire marshal and other officials may conductinvestigations and make arrests; and to provide for relatedmatters.


HOUSE BILL NO. 553—BY REPRESENTATIVE HAVARD

AN ACTTo amend and reenact R.S. 28:54(D)(2), relative to judicial

commitment fees; to increase the maximum court costs forjudicial commitment procedures when the costs are paid fromfunds appropriated to the judiciary; and to provide for relatedmatters.


HOUSE BILL NO. 584—BY REPRESENTATIVE PUGH

AN ACTTo enact R.S. 33:4712.16, relative to Tangipahoa Parish; to authorize

the governing authority of the parish of Tangipahoa to name abuilding in honor of a living person; and to provide for relatedmatters.


HOUSE BILL NO. 988—BY REPRESENTATIVE SCHRODER

AN ACTTo amend and reenact R.S. 17:24.4(E), relative to education

standards and curriculum; to authorize public school governingauthorities to develop and implement curriculum, content, andmethodology for required subjects instead of implementingcurriculum, content, and methodology recommended by thestate Department of Education or the State Board of Elementaryand Secondary Education; and to provide for related matters.



ASKING CONCURRENCE INHOUSE CONCURRENT RESOLUTIONS

April 21, 2014


I am directed to inform your honorable body that the House ofRepresentatives has finally passed and asks your concurrence in thefollowing House Concurrent Resolutions:





House Concurrent Resolutionson First Reading

HOUSE CONCURRENT RESOLUTION NO. 99—BY REPRESENTATIVE HARRISON

A CONCURRENT RESOLUTIONTo urge and request the Louisiana State Board of Medical Examiners

to study the problem of over-prescribing of pain medication byphysicians and to report findings and recommendations to thelegislative committees on health and welfare.


HOUSE CONCURRENT RESOLUTION NO. 102—BY REPRESENTATIVE JOHNSON

A CONCURRENT RESOLUTIONTo urge and request the office of conservation, Department of

Natural Resources, to study and review the statutes and thedepartment's rules, regulations, and orders providing for theplugging and abandonment of wells.


HOUSE CONCURRENT RESOLUTION NO. 103—BY REPRESENTATIVES HONORE AND JAMES AND SENATORGALLOT

A CONCURRENT RESOLUTIONTo commend Cameron Murray upon achieving the rank of Eagle

Scout.



April 21, 2014

534

HOUSE CONCURRENT RESOLUTION NO. 104—BY REPRESENTATIVE LORUSSO

A CONCURRENT RESOLUTIONTo urge and request the Louisiana Department of Insurance to study

the feasibility of providing a discount on motor vehicle liabilityinsurance premiums to retired members of the armed forces andto report its findings to the legislative committees on insurance.



A CONCURRENT RESOLUTIONTo commend the surgeon general of the United States upon the

fiftieth anniversary of the issuance of the Surgeon General'sReport on Smoking and Health.


HOUSE CONCURRENT RESOLUTION NO. 106—BY REPRESENTATIVE NORTON

A CONCURRENT RESOLUTIONTo acknowledge and commemorate the historic milestones in

healthcare reform that our nation has reached since theenactment of the Affordable Care Act in 2010.


Rules Suspended

Senator LaFleur asked for and obtained a suspension of the rulesto take up at this time:


Senator LaFleur asked for and obtained a suspension of the rulesto read Senate Resolutions a first and second time.

SENATE RESOLUTION NO. 77—BY SENATOR LAFLEUR

A RESOLUTIONTo commend President Scott Cowen and Tulane University for a

tradition of academic excellence and to designate Tuesday,April 22, 2014, as Tulane University Day at the LouisianaLegislature.

On motion of Senator LaFleur the resolution was read by titleand adopted.

Message to the Secretary of State

SIGNEDSENATE CONCURRENT RESOLUTIONS

April 17, 2014

To the Honorable Secretary of State:

The President of the Senate and the Speaker of the House ofRepresentatives have signed the following Senate ConcurrentResolutions:

SENATE CONCURRENT RESOLUTION NO. 49—BY SENATOR CROWE

A CONCURRENT RESOLUTIONTo commend and congratulate Kalani Brown of Salmen High School

in Slidell for being named the 2013-2014 Gatorade LouisianaGirls Basketball Player of the Year.

SENATE CONCURRENT RESOLUTION NO. 50—BY SENATOR CROWE AND REPRESENTATIVES CROMER ANDPEARSON

A CONCURRENT RESOLUTIONTo commend and congratulate the Salmen High School of Slidell

Lady Spartan basketball team on winning its second consecutiveClass 4A state championship.

SENATE CONCURRENT RESOLUTION NO. 51—BY SENATORS ALLAIN, ADLEY, ALARIO, AMEDEE, APPEL, BROOME,BROWN, BUFFINGTON, CHABERT, CLAITOR, CORTEZ, CROWE,DONAHUE, DORSEY-COLOMB, ERDEY, GALLOT, GUILLORY,HEITMEIER, JOHNS, KOSTELKA, LAFLEUR, LONG, MARTINY, MILLS,MORRELL, MORRISH, MURRAY, NEVERS, PEACOCK, PERRY,PETERSON, RISER, GARY SMITH, JOHN SMITH, TARVER, THOMPSON,WALSWORTH, WARD AND WHITE AND REPRESENTATIVE BARRAS

A CONCURRENT RESOLUTIONTo express the sincere and heartfelt condolences of the Legislature of

Louisiana upon the death of Louisiana statesman, TheHonorable Patrick T. Caffery Sr., and to recognize his years ofservice to the Legislature of Louisiana, the Congress of theUnited States, and the state of Louisiana.

SENATE CONCURRENT RESOLUTION NO. 52—BY SENATOR CORTEZ AND REPRESENTATIVE STUART BISHOP

A CONCURRENT RESOLUTIONTo recognize May 2014 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 cure for amyotrophic lateralsclerosis.

SENATE CONCURRENT RESOLUTION NO. 56—BY SENATOR CLAITOR

A CONCURRENT RESOLUTIONTo commend and to congratulate Donna Lamonte of Baton Rouge

upon receipt of the Presidential Award for Excellence inMathematics and Science Teaching and to recognize her manycontributions to education and the teaching profession.

SENATE CONCURRENT RESOLUTION NO. 58—BY SENATOR GALLOT AND REPRESENTATIVE SHADOIN

A CONCURRENT RESOLUTIONTo commend Tom Thompson on his retirement and for twenty years

of meritorious and dedicated service as the chairman of LincolnParish Fire Protection District No. 1.

SENATE CONCURRENT RESOLUTION NO. 59—BY SENATOR DONAHUE AND REPRESENTATIVE TIM BURNS

A CONCURRENT RESOLUTIONTo commend and congratulate Amanda Warren of Mandeville upon

receipt of the Presidential Award for Excellence in Mathematicsand Science Teaching and to recognize her many contributionsto education and the teaching profession.

SENATE CONCURRENT RESOLUTION NO. 60—BY SENATOR CLAITOR AND REPRESENTATIVE GREENE

A CONCURRENT RESOLUTIONTo commend and congratulate Clement Mubungirwa on his amazing

accomplishments and recognize his achievements and to urgeand request the Louisiana High School Athletic Association togrant a hardship or waive its age eligibility requirements toallow Clement Mubungirwa to participate in LHSAA sportsprograms in the 2014-2015 school year.

SENATE CONCURRENT RESOLUTION NO. 61—BY SENATOR CLAITOR

A CONCURRENT RESOLUTIONTo express the sincere condolences of the Legislature of Louisiana

upon the death of Dale Ketelson and record for posterity theenduring appreciation of the citizens of Louisiana for hisoutstanding contributions to and achievements in college andhigh school wrestling.


535

SENATE CONCURRENT RESOLUTION NO. 65—BY SENATOR CHABERT

A CONCURRENT RESOLUTIONTo designate November of each year as Culinary Careers Awareness

Month in support of raising awareness of the culinary professionand the opportunities available to youth.

SENATE CONCURRENT RESOLUTION NO. 66—BY SENATORS ALARIO, ADLEY, ALLAIN, AMEDEE, APPEL, BROOME,BROWN, BUFFINGTON, CHABERT, CLAITOR, CORTEZ, CROWE,DONAHUE, DORSEY-COLOMB, ERDEY, GALLOT, GUILLORY,HEITMEIER, JOHNS, KOSTELKA, LAFLEUR, LONG, MARTINY, MILLS,MORRELL, MORRISH, MURRAY, NEVERS, PEACOCK, PERRY,PETERSON, RISER, GARY SMITH, JOHN SMITH, TARVER, THOMPSON,WALSWORTH, WARD AND WHITE AND REPRESENTATIVESABRAMSON, ADAMS, ANDERS, ARMES, ARNOLD, BADON, BARRAS,BARROW, BERTHELOT, BILLIOT, STUART BISHOP, WESLEY BISHOP,BROADWATER, BROSSETT, BROWN, BURFORD, HENRY BURNS, TIMBURNS, BURRELL, CARMODY, CARTER, CHAMPAGNE, CHANEY,CONNICK, COX, CROMER, DANAHAY, DIXON, DOVE, EDWARDS,FANNIN, FOIL, FRANKLIN, GAINES, GAROFALO, GEYMANN,GISCLAIR, GREENE, GUILLORY, GUINN, HARRIS, HARRISON,HAVARD, HAZEL, HENRY, HENSGENS, HILL, HODGES, HOFFMANN,HOLLIS, HONORE, HOWARD, HUNTER, HUVAL, IVEY, KATRINAJACKSON, JAMES, JEFFERSON, JOHNSON, JONES, KLECKLEY,LAMBERT, NANCY LANDRY, TERRY LANDRY, LEBAS, LEGER,LEOPOLD, LOPINTO, LORUSSO, MACK, MILLER, MONTOUCET,MORENO, JAY MORRIS, JIM MORRIS, NORTON, ORTEGO, PEARSON,PIERRE, PONTI, POPE, PRICE, PUGH, PYLANT, REYNOLDS, RICHARD,RITCHIE, ROBIDEAUX, SCHEXNAYDER, SCHRODER, SEABAUGH,SHADOIN, SIMON, SMITH, ST. GERMAIN, STOKES, TALBOT,THIBAUT, THIERRY, THOMPSON, WHITNEY, ALFRED WILLIAMS,PATRICK WILLIAMS, WILLMOTT AND WOODRUFF

A CONCURRENT RESOLUTIONTo commend LouisianaChildren.org and its partner programs, Child

Advocacy Centers of Louisiana, the Louisiana Court AppointedSpecial Advocates Association, and Prevent Child AbuseLouisiana for their efforts to bring education and awareness tothe issues of child abuse and abandonment through the"GEAUX BLUE FOR KIDS!" campaign and to recognizeTuesday, April 15, 2014, as "GEAUX BLUE FOR KIDS!" Dayat the Louisiana State Capitol.

SENATE CONCURRENT RESOLUTION NO. 67—BY SENATORS ALARIO, ADLEY, ALLAIN, AMEDEE, APPEL, BROOME,BROWN, BUFFINGTON, CHABERT, CLAITOR, CORTEZ, CROWE,DONAHUE, DORSEY-COLOMB, ERDEY, GALLOT, GUILLORY,HEITMEIER, JOHNS, KOSTELKA, LAFLEUR, LONG, MARTINY, MILLS,MORRELL, MORRISH, MURRAY, NEVERS, PEACOCK, PERRY,PETERSON, RISER, GARY SMITH, JOHN SMITH, TARVER, THOMPSON,WALSWORTH, WARD AND WHITE AND REPRESENTATIVES HENRYAND TALBOT


Louisiana upon the passing of a beloved gentleman, renownedreal estate businessman, community activist, and formermember of both the Louisiana House of Representatives and theLouisiana State Senate, the Honorable Francis E. "Hank"Lauricella, and to celebrate a life well spent in service to thebetterment of the state of Louisiana.

SENATE CONCURRENT RESOLUTION NO. 68—BY SENATORS NEVERS, ADLEY, ALARIO, ALLAIN, AMEDEE, APPEL,BROOME, BROWN, BUFFINGTON, CHABERT, CLAITOR, CORTEZ,CROWE, DONAHUE, DORSEY-COLOMB, ERDEY, GALLOT, GUILLORY,HEITMEIER, JOHNS, KOSTELKA, LAFLEUR, LONG, MARTINY, MILLS,MORRELL, MORRISH, MURRAY, PEACOCK, PERRY, PETERSON,RISER, GARY SMITH, JOHN SMITH, TARVER, THOMPSON,WALSWORTH, WARD AND WHITE AND REPRESENTATIVESABRAMSON, ARNOLD, BARROW, BERTHELOT, BILLIOT, WESLEYBISHOP, BROADWATER, HENRY BURNS, BURRELL, COX, CROMER,EDWARDS, GAINES, GAROFALO, HAZEL, HENRY, HILL, HODGES,MACK, ORTEGO, POPE, PUGH, SCHEXNAYDER, SCHRODER, SIMON,SMITH, ST. GERMAIN, STOKES, WHITNEY AND WILLMOTT

A CONCURRENT RESOLUTIONTo commend and congratulate Head Coach Ron Roberts and the

Southeastern Louisiana University Lions Football Team for anoutstanding season, garnering its first conference championshipsince 1961, and for its grand showing at the first-ever trip to theFootball Championship Subdivision Playoffs.

SENATE CONCURRENT RESOLUTION NO. 76—BY SENATOR JOHNS AND REPRESENTATIVE DANAHAY ANDSENATOR JOHN SMITH AND REPRESENTATIVE KLECKLEY

A CONCURRENT RESOLUTIONTo commend and congratulate the city of Sulphur, Louisiana, its

citizenry, and public officials, on the celebration of itsCentennial.

SENATE CONCURRENT RESOLUTION NO. 70—BY SENATOR GARY SMITH AND REPRESENTATIVE MILLER

A CONCURRENT RESOLUTIONTo commend and congratulate the Destrehan Lady Wildcats for an

outstanding and historic season and on reaching the statechampionship game.

SENATE CONCURRENT RESOLUTION NO. 72—BY SENATOR THOMPSON


Louisiana upon the death of Tallulah mayor Eddie Beckwith Jr.

SENATE CONCURRENT RESOLUTION NO. 74—BY SENATORS WHITE, ADLEY, ALARIO, ALLAIN, AMEDEE, APPEL,BROOME, BROWN, BUFFINGTON, CHABERT, CLAITOR, CORTEZ,CROWE, DONAHUE, DORSEY-COLOMB, ERDEY, GALLOT, GUILLORY,HEITMEIER, JOHNS, KOSTELKA, LAFLEUR, LONG, MARTINY, MILLS,MORRELL, MORRISH, MURRAY, NEVERS, PEACOCK, PERRY,PETERSON, RISER, GARY SMITH, JOHN SMITH, TARVER, THOMPSON,WALSWORTH AND WARD AND REPRESENTATIVES BROADWATER,EDWARDS, PUGH AND SIMON

A CONCURRENT RESOLUTIONTo commend the Southeastern Louisiana University Football Team

for setting a single season school record for victories.

SENATE CONCURRENT RESOLUTION NO. 80—BY SENATOR BROOME

A CONCURRENT RESOLUTIONTo commend Susan G. Komen for the Cure and its Louisiana

Affiliates for its work to increase life expectancy and theimprovement in the quality of life in local communities throughthe delivery of breast cancer education, screening, treatment,and research, and to recognize April 29, 2014, as Susan G.Komen Day at the Louisiana Legislature.

SENATE CONCURRENT RESOLUTION NO. 82—BY SENATORS WHITE, DONAHUE, ERDEY AND NEVERS ANDREPRESENTATIVES BROADWATER, EDWARDS, PUGH AND SIMON

A CONCURRENT RESOLUTIONTo commend the Southeastern Louisiana University womens soccer

team, the Lady Lions, for earning a National Collegiate AthleticAssociation (NCAA) Tournament bid.

Respectfully submitted,GLENN A. KOEPP

Secretary of the Senate

Privilege Report of the Committee onSenate and Governmental Affairs

ENROLLMENTS

Senator Amedee, Chairman on behalf of the Committee onSenate and Governmental Affairs, submitted the following report:

April 17, 2014


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

The following Senate Resolutions have been properly enrolled:


April 21, 2014

536


A RESOLUTIONTo urge and request that the Department of Transportation and

Development incorporate an East Washington Street exit planfor Interstate 10 in Baton Rouge, Louisiana, into its road designplan.

SENATE RESOLUTION NO. 56—BY SENATOR LONG

A RESOLUTIONTo commend the Natchitoches Central High School Chiefs boys

basketball team upon winning the 2014 Class 5A statechampionship.


A RESOLUTIONTo commend the Brusly High School Panthers wrestling team on

winning its third consecutive Division III state championshiptitle.


A RESOLUTIONTo commend Trevor Schermer of Brusly High School, four-time

individual state wrestling champion.

SENATE RESOLUTION NO. 60—BY SENATORS JOHNS AND JOHN SMITH

A RESOLUTIONTo commend and congratulate the city of Sulphur, Louisiana, its

citizenry, and public officials, on the celebration of itsCentennial.

SENATE RESOLUTION NO. 61—BY SENATOR BROOME

A RESOLUTIONTo commend the Volunteer Louisiana Commission upon the

celebration of the twentieth anniversary of AmeriCorps.


A RESOLUTIONTo recognize April 13-19, 2014, as National Minority Cancer

Awareness Week and to commend Mary Bird Perkins - OurLady of the Lake Cancer Center on holding "Fest for Life".

SENATE RESOLUTION NO. 29—BY SENATOR HEITMEIER

A RESOLUTIONTo direct the Department of Health and Hospitals to create a working

group to develop strategies to decrease primary care utilizationin emergency rooms in hospitals across Louisiana.

SENATE RESOLUTION NO. 41—BY SENATOR PEACOCK

A RESOLUTIONTo commend and congratulate D. Neil Granger, PhD, and his

research team at the Louisiana State University Health SciencesCenter Shreveport upon receipt of the extraordinary clinicaldesignation as a new Center for Cardiovascular Disease andSciences rendered by the Louisiana Board of Regents.


A RESOLUTIONTo recognize Monday, April 7, 2014, as LSU Day at the State

Capitol.

SENATE RESOLUTION NO. 38—BY SENATOR GUILLORY

A RESOLUTIONTo commend posthumously Al J. Ransome for his service to the state

of Louisiana.

SENATE RESOLUTION NO. 39—BY SENATOR GARY SMITH

A RESOLUTIONTo commend and congratulate Brandon Oubre of Norco, a junior at

Louisiana State University in Baton Rouge, on being named aGoldwater Scholar.

SENATE RESOLUTION NO. 44—BY SENATOR CORTEZ

A RESOLUTIONTo commend Randy K. Haynie on being honored on April 12, 2014,

at the University of Louisiana Lafayette eighteenth AnnualSpring Gala for his outstanding contributions to the universityand to the Lafayette community.


A RESOLUTIONTo recognize Tuesday, April 8, 2014, as March of Dimes Day at the

Louisiana State Capitol.


A RESOLUTIONTo commend Alyssa Carson on her academic and other notable

achievements.

SENATE RESOLUTION NO. 47—BY SENATORS HEITMEIER, MORRELL, MURRAY AND PETERSON

A RESOLUTIONTo commend the cheerleading squad of L.B. Landry-O. Perry Walker

College and Career Preparatory High School on taking firstplace at the Worldwide Spirit Association Grand Nationalscheerleading competition recently held in New Orleans.

SENATE RESOLUTION NO. 48—BY SENATORS HEITMEIER, MORRELL, MURRAY AND PETERSON

A RESOLUTIONTo commend the L.B. Landry-O. Perry Walker Career College and

Preparatory High School boys basketball team for winning theClass 4A state championship.

SENATE RESOLUTION NO. 49—BY SENATOR CROWE

A RESOLUTIONTo commend music and choral teacher at Bonne Ecole Elementary,

Georgia Mannino, for being awarded the national ParentTeacher Association's Life Achievement Award, the highesthonor given to PTA members and leaders.

SENATE RESOLUTION NO. 50—BY SENATOR LONG


of Louisiana upon the death of Ellis Spencer Martin.

SENATE RESOLUTION NO. 51—BY SENATOR TARVER

A RESOLUTIONTo commend and congratulate Mrs. Helen Jewitt Amin on her forty-

three-year teaching career and to recognize her extraordinaryacts of kindness in providing scholarships to many high schoolseniors seeking to go to college.

SENATE RESOLUTION NO. 52—BY SENATORS PETERSON, ALARIO AND WALSWORTH

A RESOLUTIONTo commend and congratulate Jacquelyn Brechtel Clarkson for over

twenty-four years of dedicated public service representing thecity of New Orleans as a district councilmember, staterepresentative, and councilmember-at-large.


537

SENATE RESOLUTION NO. 53—BY SENATOR ALARIO

A RESOLUTIONTo recognize April 16, 2014, as National Multiple Sclerosis Society

Public Policy Conference Day at the Capitol and to encourageefforts to inform Louisianians about multiple sclerosis andefforts that help bring us closer to a world free of MS.



of Louisiana upon the death of R. L. Hargrove.

SENATE RESOLUTION NO. 57—BY SENATOR JOHN SMITH

A RESOLUTIONTo commend James Evans for being selected as the Louisiana CASA

Child Advocate of the Year.

Respectfully submitted,"JODY" AMEDEE

Chairman

The foregoing Senate Resolutions were signed by the Presidentof the Senate and presented to the Secretary of State by the Secretaryon April 17, 2014.


SIGNED HOUSE CONCURRENT RESOLUTIONS

April 16, 2014


I am directed to inform your honorable body that the Speaker ofthe House of Representatives has signed the following HouseConcurrent Resolutions:

HOUSE CONCURRENT RESOLUTION NO. 72—BY REPRESENTATIVE LEGER

A CONCURRENT RESOLUTIONTo commend Keith DuRousseau, President of Keiland Construction,

LLC, upon being named the Louisiana Small Business Personof the Year for 2014.

HOUSE CONCURRENT RESOLUTION NO. 73—BY REPRESENTATIVE HOFFMANN AND SENATOR THOMPSON

A CONCURRENT RESOLUTIONTo commend CVS Caremark and Louisiana independent community

pharmacies for their efforts towards reducing the rate of chronicillness associated with tobacco use by making the decision notto sell cigarettes and other tobacco products in support of thehealth and well-being of their customers.


A CONCURRENT RESOLUTIONTo commend Leopold and Joseph B. Stahl, father and son, for

successfully arguing cases before the Supreme Court of theUnited States.

HOUSE CONCURRENT RESOLUTION NO. 75—BY REPRESENTATIVE BURRELL

A CONCURRENT RESOLUTIONTo commend Alpha Phi Alpha Fraternity, Incorporated, upon the

celebration of its one hundred eighth anniversary as anorganization and recognizes May 5, 2014, as Alpha Phi AlphaDay at the Louisiana State Capitol.

HOUSE CONCURRENT RESOLUTION NO. 76—BY REPRESENTATIVE PATRICK WILLIAMS

A CONCURRENT RESOLUTIONTo commend the medical students of Louisiana State University

Health Sciences Center Shreveport (LSU HSC-Shreveport)School of Medicine for the creation of the American MedicalStudent Research Journal, an innovative online academicpublication.

HOUSE CONCURRENT RESOLUTION NO. 79—BY REPRESENTATIVE KATRINA JACKSON

A CONCURRENT RESOLUTIONTo commend Ransom Rambo for his significant achievements and

contributions as a Louisiana artist and to urge and request thestate Department of Education and public school governingauthorities to review his "Faces of Freedom" lithograph, whichhonors African-American heroes, to take note of its historic andeducational value, and to consider incorporating it into theseventh grade curriculum for American history.

HOUSE CONCURRENT RESOLUTION NO. 84—BY REPRESENTATIVES ORTEGO AND GUILLORY

A CONCURRENT RESOLUTIONTo commend Ben Mouton of St. Thomas More High School upon his

selection as a representative of the state of Louisiana at theHugh O'Brian World Leadership Congress in Chicago, Illinois.

and asked that the President of the Senate affix his signature to thesame.



The House Concurrent Resolutions contained herein were signedby the President of the Senate.

ATTENDANCE ROLL CALL

PRESENT


ABSENT


Leaves of Absence

The following leaves of absence were asked for and granted:

Crowe 1 Day Johns 1 Day

Announcements

The following committee meetings for April 22, 2014, wereannounced:

Judiciary A 9:00 A.M. Hainkel RoomJudiciary B 10:30 A.M. Room EJudiciary C 9:30 A.M. Room F


April 21, 2014

538

Adjournment

On motion of Senator Thompson, at 7:15 o'clock P.M. theSenate adjourned until Tuesday, April 22, 2014, at 3:00 o'clock P.M.

The President of the Senate declared the Senate adjourned.

GLENN A. KOEPPSecretary of the Senate

DIANE O' QUINJournal Clerk

senate c oncurrent resoluti n no. 41— of of the senate of the ... 4 the president of the...

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