SENATE - Louisiana

Page 134 SENATE
June 21, 2004
Representatives:
Damon J. Baldone
Daniel R. Martiny
Rules Suspended
Respectfully submitted,
Senators:
Reggie Dupre
Joel T. Chaisson, II
Senator Dupre asked for and obtained a suspension of the rules
for the purpose of considering the Conference Committee Report.
On motion of Senator Dupre, a vote was taken on the adoption of the
report.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Dupre Kostelka
Adley Ellington Lentini
Amedee Fontenot Malone
Bajoie Gautreaux, B McPherson
Barham Gautreaux, N Michot
Boissiere Hainkel Mount
Cain Heitmeier Nevers
Chaisson Holden Romero
Cheek Hollis Smith
Cravins Irons Theunissen
Dardenne Jackson Ullo
Duplessis
Jones
Total—35
NAYS
Boasso
Total—2
Marionneaux
Total—2
Fields
ABSENT
Schedler
The Chair declared the Conference Committee Report was
adopted. Senator Dupre moved to reconsider the vote by which the
report was adopted and laid the motion on the table.
CONFERENCE COMMITTEE REPORT
House Bill No. 846 By Representative Morrish
June 21, 2004
To the Honorable Speaker and Members of the House of
Representatives and the Honorable President and Members of the
Senate.
Ladies and Gentlemen:
We, the conferees appointed to confer over the disagreement
between the two houses concerning House Bill No. 846 by
Representative Morrish, recommend the following concerning the
reengrossed bill:
50th DAY'S PROCEEDINGS
1. That Senate Floor Amendment No. 1 proposed by Senator
Marionneaux and adopted by the Senate on June 18, 2004, be
adopted.
2. That Senate Floor Amendment No. 2 and 3 proposed by
Senator Marionneaux and adopted by the Senate on June 18,
2004, be rejected.
3. That Senate Floor Amendments Nos. 1 through 5 proposed by
Senator McPherson and adopted by the Senate on June 18,
2004, be rejected.
4. That the following amendments to the reengrossed bill be
adopted:
AMENDMENT NO. 1
On page 2, at the end of line 26, insert the following:
"After June 1, 2004, the secretary may provide for the
exemption of certain tire sales from the fee which tires were not
previously exempted only through the department's rulemaking
authority, including legislative oversight as provided in R.S.
30:2413(A)(8)."
AMENDMENT NO. 2
On page 3, at the end of line 4, insert the following:
"The secretary shall not make payments from the fund or
obligate the department to make payments from the fund to any
waste tire processor who did not receive payments from the fund
prior to March 1, 2004, in an amount greater than fifty percent of the
amount otherwise eligible to receive pursuant to this Paragraph until
one of the following occur:
(a) Payments have been made from the fund to waste tire
processors, as provided for in Subparagraph (I)(3)(b), for a period of
three consecutive months.
(b) All undisputed obligations owed to waste tire processors
have been paid in full."
AMENDMENT NO. 3
On page 3, between lines 4 and 5 insert the following:
“(3)(a) In the event the balance of the fund is insufficient to
meet the obligations to waste tire processors provided for above, the
department, after meeting all payments required by law, shall pay
any undisputed amounts in a prorata share to waste tire processors
having a standard permit.
(b) In the event the fund has a surplus after meeting all
obligations of the fund for the month, including any payments
required by law, such surplus shall be distributed in a prorata share
to those waste tire processors having a standard permit for whom
there are unpaid obligations of the fund, excluding any disputed
amounts. Such surplus shall be processed for payment by the
department within fifteen days after the end of the month in which
the surplus arose.
(4) If litigation relating to fund payments in dispute prior to
March 1, 2004, is resolved through final judgment or settlement, the
secretary shall pay from the fund the portion of such final judgment
or settlement which represents previously disputed fund payments
within one hundred eighty days of the judgment or settlement. This
Subsection shall not be construed to limit or condition the right of the
judgment creditor or obligee under the settlement agreement to obtain
payment in satisfaction of the judgment or settlement from any
source authorized by law."
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