BY SENATOR BOISSIERE
AN ACT
To enact R.S. 11:416(A)(3)(c), relative to the Louisiana State Employees' Retirement System; to provide with respect to reemployment of retired members; to provide with respect to earnings limitations, repayment of excess earnings, and notifications by the employing agency; to provide for an effective date; and to provide for related matters.
Read by title.
Motion
On motion of Rep. Hammett, the bill was returned to the calendar.
SENATE BILL NO. 435—
BY SENATORS THEUNISSEN AND NEVERS
AN ACT
To amend and reenact R.S. 17:3048.1(A)(1)(e)(vi), and (B)(2)(b)(vi) and (c)(vi), relative to the Tuition Opportunity Program for Students; to include certain agriscience courses as a science option in the core curriculum; and to provide for related matters. Read by title.
Rep. Morrish moved the final passage of the bill.
ROLL CALL
The roll was called with the following result: YEAS
Mr. Speaker Futrell Pierre
Alario Gallot Pinac
Alexander Geymann Pitre
Arnold Glover Powell, M.
Badon Gray Powell, T.
Baldone Guillory, E. Quezaire
Baudoin Hammett Richmond
Baylor Heaton Ritchie
Bowler Hebert Romero
Broome Hill Scalise
Bruce Honey Schneider
Bruneau Hopkins Shepherd
Burns Hunter Smiley
Burrell Hutter Smith, G.—56th
Carter, K. Jackson Smith, J.D.—50th
Carter, R. Jefferson Smith, J.H.—8th
Cazayoux Johns Smith, J.R.—30th
Crane Katz St. Germain
Curtis Kennard Strain
Damico Kenney Thompson
Daniel LaBruzzo Toomy
Dartez LaFleur Townsend
DeWitt Lambert Trahan
Doerge Lancaster Triche
Dorsey Marchand Tucker
Dove Martiny Waddell
Downs McDonald Walker
Durand McVea Walsworth
Erdey Montgomery White
Fannin Morrell Winston
Farrar Morrish Wooton
Faucheux Murray Wright
Frith Odinet
Total—98
NAYS Total—0
ABSENT
Ansardi Crowe Guillory, M.
Beard Flavin Robideaux
Total—6
The Chair declared the above bill was finally passed.
Rep. Morrish moved to reconsider the vote by which the above bill was finally passed, and, on his own motion, the motion to reconsider was laid on the table.
SENATE BILL NO. 352—
BY SENATOR BOISSIERE
AN ACT
To enact R.S. 11:416(A)(3)(c), relative to the Louisiana State Employees' Retirement System; to provide with respect to reemployment of retired members; to provide with respect to earnings limitations, repayment of excess earnings, and notifications by the employing agency; to provide for an effective date; and to provide for related matters.
Called from the calendar. Read by title.
Rep. Townsend sent up floor amendments which were read as follows:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative Townsend to Engrossed Senate Bill No. 352 by Senator Boissiere
AMENDMENT NO. 1
On page 1, line 2, after "R.S. 11:416(A)(3)(c)" delete the comma "," and insert "and R.S. 17:425.2,"
AMENDMENT NO. 2
On page 1, line 5, after "agency;" insert:
"to provide relative to payment for unused sick and annual leave of certain unclassified postsecondary education employees who continue in employment after becoming eligible for retirement, including provisions for definitions, applicability, and conditions and limitations;"
AMENDMENT NO. 3
On page 2, between lines 7 and 8, insert:
§425.2. Payment for unused sick and annual leave; certain unclassified employees
A. For purposes of this Section the following terms shall have
the following meanings, unless the context clearly indicates YEAS
otherwise:
(1) "Severance pay" shall mean payment for unused sick and Alario Futrell Pinac annual leave as otherwise provided by law except for the time of Alexander Gallot Pitre
payment as provided in this Section. Arnold Geymann Powell, M.
(2) "Unclassified postsecondary education employee" shall Baldone Gray Quezaire mean an employee of the Board of Regents, the Board of Supervisors Baudoin Guillory, E. Richmond of Southern University and Agricultural and Mechanical College, the Baylor Guillory, M. Ritchie Board of Supervisors for the University of Louisiana system, or the Bowler Hammett Robideaux Board of Supervisors of Community and Technical Colleges, or of Broome Heaton Romero any college or university under the jurisdiction of any such boards Bruce Hebert Scalise
who is in the unclassified state service. Bruneau Hill Shepherd
B. The provisions of this Section shall only be applicable to Burrell Hopkins Smith, G.—56th unclassified postsecondary education employees of a higher Carter, K. Hunter Smith, J.D.—50th education management board, or any college or university under the Carter, R. Hutter Smith, J.H.—8th jurisdiction of such board, in the event such provisions are approved Cazayoux Jefferson Smith, J.R.—30th by the management board to be applicable to such employees. Crane Johns St. Germain
C. Notwithstanding any provision of law to the contrary, Damico Kennard Thompson including but not limited to R.S. 42:421(B), R.S. 11:424(E), and R.S. Daniel Kenney Toomy 17:2149(7) and 3312(7), an unclassified postsecondary education Dartez LaBruzzo Townsend employee who is a member of the Louisiana State Employees' DeWitt LaFleur Trahan Retirement System who continues in employment after becoming Doerge Lambert Triche eligible for retirement may elect to be paid severance pay by his Dorsey Marchand Tucker employer at the time such employee becomes eligible for retirement Dove Martiny Waddell or at anytime thereafter during such continued employment. Any Downs McDonald Walker unclassified postsecondary education employee who does not elect Durand McVea Walsworth to be paid severance pay under the provisions of this Section shall be Erdey Montgomery White
paid severance pay as otherwise provided by law. Fannin Morrell Winston
D. Any unclassified postsecondary education employee who Faucheux Murray Wright elects to be paid severance pay while continuing employment as Flavin Odinet
authorized by this Section shall be paid severance pay as otherwise Total—98
provided by law, except that such severance pay shall be paid at the NAYS time selected by the employee and shall be calculated based upon the
rate of pay received by the employee at the time such severance pay Total—0
is paid and shall not exceed five hundred hours of the employee's ABSENT unused sick and annual leave. The payment of severance pay by his
employer pursuant to this Section shall be the only severance pay Ansardi Crowe Lancaster paid to any employee who elects to be paid severance pursuant to this Beard Jackson Schneider Section, and such employee shall not be eligible for and shall not be Total—6
paid any additional severance pay pursuant to any other provision of
law at any later time regardless of whether or not such employee has The Chair declared the above bill was finally passed. any remaining or additional unused sick or annual leave to his credit.
E. Any unclassified postsecondary education employee who is bill was finally passed, and, on his own motion, the motion to a member of the Louisiana State Employees' Retirement System, who reconsider was laid on the table.
is employed as an unclassified postsecondary education employee on the effective date of this Section, and who is eligible for retirement or is participating in the Deferred Retirement Option Plan of the Louisiana State Employees' Retirement System on the effective date of this Section shall be eligible to elect to receive severance pay pursuant to this Section."
AMENDMENT NO. 4
On page 2, at the beginning of line 8, change "Section 2." to "Section 3."
On motion of Rep. Townsend, the amendments were adopted. Rep. Hammett moved the final passage of the bill, as amended.
ROLL CALL
The roll was called with the following result:
Mr. Speaker Frith Pierre
Badon Glover Powell, T.
Burns Honey Smiley
Curtis Katz Strain
Farrar Morrish Wooton
Rep. Hammett moved to reconsider the vote by which the above
SENATE BILL NO. 519—
BY SENATOR ELLINGTON
AN ACT
To amend and reenact R.S. 48:274.1(A), relative to highways; to provide relative to logo signs on interstate highways and other certain highways; to authorize the department to contract with a qualified third party for the placement and maintenance of logo signs; to provide relative to the contract and accounting of revenues between the parties; to provide for the establishment of an advisory committee; to provide relative to fees for certain logo signs; to authorize the promulgation of rules and regulations; and to provide for related matters.
Motion
On motion of Rep. Hammett, the bill was returned to the calendar.
SENATE BILL NO. 561—
BY SENATORS FONTENOT AND MCPHERSON
AN ACT
To amend and reenact R.S. 18:424(E) and 425(E), and to enact R.S. 18:425.2 and 426.1, relative to the authority of parish boards of election supervisors to provide for two commissioners to work half of an election day; to authorize any parish board of election supervisors in the event of a shortage of commissioners to create two equal work shifts for commissioners; to authorize such parish board of election supervisors to select commissioners to serve one or two shifts on an election day; to provide for the compensation of such commissioners; to require the State Board of Election Supervisors to prescribe uniform rules for the selection, scheduling, and procedures for creating two equal shifts for commissioners on election day; to provide for the compensation of such commissioners; and to provide for related matters.
Read by title.
Rep. Erdey moved the final passage of the bill.
ROLL CALL
The roll was called with the following result: YEAS
Mr. Speaker Flavin Odinet
Alario Frith Pierre
Alexander Futrell Pinac
Ansardi Gallot Pitre
Arnold Geymann Powell, M.
Badon Glover Powell, T.
Baldone Gray Quezaire
Baudoin Guillory, E. Richmond
Baylor Guillory, M. Ritchie
Bowler Hammett Robideaux
Broome Heaton Romero
Bruce Hebert Scalise
Bruneau Hill Schneider
Burns Honey Shepherd
Burrell Hopkins Smiley
Carter, K. Hunter Smith, G.—56th
Carter, R. Hutter Smith, J.D.—50th
Cazayoux Jefferson Smith, J.H.—8th
Crane Johns Smith, J.R.—30th
Curtis Kennard St. Germain
Damico Kenney Strain
Daniel LaBruzzo Thompson
Dartez LaFleur Toomy
DeWitt Lambert Townsend
Doerge Lancaster Triche
Dorsey Marchand Tucker
Dove Martiny Waddell
Downs McDonald Walker
Durand McVea Walsworth
Erdey Montgomery White
Fannin Morrell Winston
Farrar Morrish Wooton
Faucheux Murray Wright
Total—99
NAYS
Katz Trahan
Total—2
ABSENT
Beard Crowe Jackson
Total—3
The Chair declared the above bill was finally passed.
Rep. Erdey moved to reconsider the vote by which the above bill was finally passed, and, on his own motion, the motion to reconsider was laid on the table.
SENATE BILL NO. 562—
BY SENATOR FONTENOT
AN ACT
To amend and reenact R.S. 40:31.32(D) and to enact R.S. 40:1154(C), relative to installers and maintenance providers of onsite treatment systems; to provide qualifications and requirements for such licenses; and to provide for related matters.
Read by title.
Rep. Daniel sent up floor amendments which were read as follows:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative Daniel to Reengrossed Senate Bill No. 562 by Senator Fontenot
AMENDMENT NO. 1
On page 1, line 2, after "reenact" insert "R.S. 30:2075.2(A)(1) and" AMENDMENT NO. 2
In House Committee Amendment No. 2 proposed by the House Committee on Health and Welfare and adopted by the House of Representatives on June 15, 2004, at the beginning of line 6, insert "to provide for security for permits of certain treatment facilities;" AMENDMENT NO. 3
On page 1, between lines 5 and 6, insert the following:
"Section 1. R.S. 30:2075.2(A)(1) is hereby amended and reenacted to read as follows:
§2075.2. Sewage treatment facility; privately owned; surety required; nonfunctional system
A.(1) Any applicant for, or prospective transferee of, a permit for the discharge of effluent from any privately owned sewage treatment facility regulated by the Public Service Commission shall be required to provide and maintain a bond or other acceptable financial security instrument. Any applicant, prospective transferee, or permittee may apply to the secretary of the Department of Environmental Quality for approval of a single financial security instrument, having a maximum amount of two-hundred fifty thousand dollars, to satisfy the requirements of this Section for all such permits held or to be held. In determining whether to approve the application for a single financial security instrument, the secretary may consider the assets, debts, and compliance history of the applicant, the condition and capacity of the facilities to be covered by such security, and any other factor that may impact the applicant's ability to operate and maintain the facilities. Any such bond or other instrument shall be payable to the Department of Environmental Quality and shall be conditioned upon substantial compliance with the requirements of the Louisiana Water Control Law and any permit issued or enforced
under that law. Any bond shall be executed by the permittee and a The Chair declared the above bill was finally passed. corporate surety licensed to do business in the state. The purpose of
the bond or other financial security shall be the protection of public Rep. Daniel moved to reconsider the vote by which the above health, welfare, and the environment. The department shall bill was finally passed, and, on his own motion, the motion to promulgate rules and regulations to implement this Section. reconsider was laid on the table.
* * *" AMENDMENT NO. 4
On page 1, line 6, change "Section 1." to "Section 2." AMENDMENT NO. 5
On page 2, line 11, change "Section 2." to "Section 3." On motion of Rep. Daniel, the amendments were adopted. Rep. Daniel moved the final passage of the bill, as amended.
ROLL CALL
The roll was called with the following result: YEAS
Mr. Speaker Futrell Pinac
Alario Gallot Pitre
Alexander Geymann Powell, M.
Arnold Glover Powell, T.
Badon Gray Quezaire
Baldone Guillory, E. Richmond
Baudoin Guillory, M. Ritchie
Baylor Hammett Robideaux
Beard Heaton Romero
Bowler Hebert Schneider
Broome Hill Shepherd
Bruce Honey Smiley
Bruneau Hopkins Smith, G.—56th
Burns Hunter Smith, J.D.—50th
Burrell Hutter Smith, J.H.—8th
Carter, K. Jefferson Smith, J.R.—30th
Cazayoux Johns St. Germain
Crane Katz Strain
Damico Kennard Thompson
Daniel Kenney Toomy
Dartez LaBruzzo Townsend
DeWitt LaFleur Trahan
Doerge Lambert Triche
Dorsey Lancaster Tucker
Dove Marchand Waddell
Downs McDonald Walker
Durand McVea Walsworth
Erdey Montgomery White
Fannin Morrell Winston
Farrar Morrish Wooton
Faucheux Murray Wright
Flavin Odinet Frith Pierre Total—97 NAYS Total—0 ABSENT
Ansardi Curtis Scalise
Carter, R. Jackson
Crowe Martiny
Total—7
SENATE BILL NO. 591—
BY SENATOR CHEEK
AN ACT
To enact R.S. 22:11.1, relative to health insurance; to provide for a credentialing process for health insurance issuers who contract directly with health care providers for health care services; and to provide for related matters.
Read by title.
Rep. Karen Carter sent up floor amendments which were read as follows:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative K. Carter to Reengrossed Senate Bill No. 591 by Senator Cheek
AMENDMENT NO. 1
On page 3, line 19, after "by" delete the remainder of the line, delete lines 20 and 21 in their entirety and insert the following:
"a provider's required submission and a health insurance issuer's required acceptance by electronic submission, an applicant shall utilize and a health insurance issuer shall accept either of the following at the sole discretion of the health insurance issuer:"
On motion of Rep. Karen Carter, the amendments were adopted. Rep. Karen Carter moved the final passage of the bill, as amended.
ROLL CALL
The roll was called with the following result: YEAS
Mr. Speaker Frith Pierre
Alario Futrell Pinac
Alexander Gallot Pitre
Arnold Geymann Powell, M.
Badon Glover Powell, T.
Baldone Gray Quezaire
Baudoin Guillory, E. Ritchie
Baylor Guillory, M. Robideaux
Bowler Hammett Romero
Broome Heaton Scalise
Bruce Hill Schneider
Burns Honey Shepherd
Burrell Hopkins Smiley
Carter, K. Hunter Smith, G.—56th
Carter, R. Hutter Smith, J.D.—50th
Cazayoux Jefferson Smith, J.H.—8th
Crane Johns Smith, J.R.—30th
Damico Kenney Strain
Dartez LaBruzzo Thompson
DeWitt LaFleur Toomy
Doerge Lambert Townsend
Dorsey Lancaster Trahan
Dove Marchand Triche
Erdey Montgomery Waddell YEAS
Fannin Morrell Walker
Farrar Morrish Winston Mr. Speaker Flavin Pierre
Faucheux Murray Wooton Alario Frith Pinac
Flavin Odinet Wright Alexander Futrell Pitre
Total—87 Ansardi Gallot Powell, M.
NAYS Arnold Geymann Powell, T.
Badon Glover Quezaire
Total—0 Baldone Gray Richmond
ABSENT Baudoin Guillory, E. Ritchie
Ansardi Downs McVea Bowler Hammett Romero
Beard Hebert Richmond Broome Heaton Scalise
Bruneau Jackson St. Germain Bruce Hill Schneider
Crowe Katz Walsworth Bruneau Honey Shepherd
Curtis Kennard White Burns Hopkins Smiley
Daniel Martiny Burrell Hunter Smith, G.—56th
Total—17 Carter, K. Hutter Smith, J.H.—8th
The Chair declared the above bill was finally passed. Cazayoux Johns Strain Rep. Karen Carter moved to reconsider the vote by which the
above bill was finally passed, and, on her own motion, the motion to reconsider was laid on the table.
SENATE BILL NO. 593—
BY SENATORS B. GAUTREAUX, AMEDEE, DUPLESSIS, HOLLIS, MICHOT AND SMITH
AN ACT
To enact Subpart A-1 of Part X of Chapter 26 of Title 17 of the Louisiana Revised Statutes of 1950, comprised of R.S. 17:3397.1 through 3397.6, relative to economic development; to authorize and provide for the establishment, management, operation, functions, and activities of regional research and development parks; and to provide for related matters. Read by title.
Rep. Bowler sent up floor amendments which were read as follows:
HOUSE FLOOR AMENDMENTS
Amendments proposed by Representative Bowler to Reengrossed Senate Bill No. 593 by Senators B. Gautreaux, Amedee, Duplessis, Hollis, Michot and Smith
AMENDMENT NO. 1
On page 2, between lines 16 and 17, insert the following:
"C. To promote the establishment of regional research and development parks, the legislature hereby creates the Louisiana Research and Development Council which shall consist of nine members to be appointed by the governor. Each appointment shall be submitted to the Senate for confirmation and shall serve terms concurrent with the governor. A vacancy in such membership of the board shall be filled in the same manner as the original appointment."
On motion of Rep. Bowler, the amendments were adopted. Rep. Dartez moved the final passage of the bill, as amended.
ROLL CALL
The roll was called with the following result:
Baylor Guillory, M. Robideaux
Carter, R. Jefferson Smith, J.R.—30th
Crane Katz Thompson
Crowe Kenney Toomy
Curtis LaBruzzo Townsend
Damico LaFleur Trahan
Daniel Lambert Triche
Dartez Lancaster Tucker
DeWitt Marchand Waddell
Dorsey Martiny Walker
Dove McDonald Walsworth
Durand Montgomery White
Erdey Morrell Winston
Fannin Morrish Wright
Farrar Murray Faucheux Odinet Total—94 NAYS Beard Total—1 ABSENT
Doerge Jackson Smith, J.D.—50th
Downs Kennard St. Germain
Hebert McVea Wooton
Total—9
The Chair declared the above bill was finally passed.
Rep. Dartez moved to reconsider the vote by which the above bill was finally passed, and, on her own motion, the motion to reconsider was laid on the table.
SENATE BILL NO. 622—
BY SENATOR BOISSIERE
AN ACT
To amend and reenact R.S. 11:102(A) and (B)(3)(d), and 542(A), (B), (C)(1)(introductory paragraph), and (D), and to enact R.S. 11:102(B)(5), relative to state retirement systems; to provide relative to payment of unfunded accrued liabilities of the Louisiana State Employees' Retirement System; to provide for amortization of unfunded accrued liabilities over a forty-year period or in accordance with standards promulgated by the Governmental Accounting Standards Board from the time of occurrence; to include negative employee experience account balances in the unfunded accrued liability; to provide for experience account credits; to provide for an effective date; and to provide for related matters.
Motion
On motion of Rep. Schneider, the bill was returned to the calendar.
SENATE BILL NO. 623—
BY SENATOR BOISSIERE
AN ACT
To amend and reenact R.S. 11:102(A) and (B)(3)(d), and 883.1(A), (B), (C)(1)(introductory paragraph) and to enact R.S. 11:102(B)(5), and to repeal R. S. 11:883.1(D), relative to state retirement systems; to provide relative to payment of unfunded accrued liabilities of the Teachers' Retirement System of Louisiana; to provide for amortization of unfunded accrued liabilities over a thirty-year period or in accordance with standards promulgated by the Governmental Accounting Standards Board from the time of occurrence; to include negative employee experience account balances in the unfunded