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Page 134 <strong>SENATE</strong> 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." 2236
50th DAY'S PROCEEDINGS Page 135 <strong>SENATE</strong> June 21, 2004 Representatives: Joe R. Salter Dan W. Morrish N. J. Damico Rules Suspended Respectfully submitted, Senators: Heulette "Clo" Fontenot Max T. Malone Senator Fontenot asked for and obtained a suspension of the rules for the purpose of considering the Conference Committee Report. Motion Senator Fontenot moved that the Senate adopt the Conference Committee Report. Senator McPherson moved as a substitute motion that the Senate reject the Conference Committee Report. Senator Fontenot objected. ROLL CALL The roll was called with the following result: YEAS Cain Hainkel Smith Gautreaux, B McPherson Ullo Total—6 NAYS Mr. President Duplessis Kostelka Adley Dupre Lentini Amedee Ellington Malone Bajoie Fields Marionneaux Barham Fontenot Michot Boasso Gautreaux, N Mount Boissiere Heitmeier Nevers Chaisson Holden Romero Cheek Hollis Theunissen Cravins Irons Dardenne Jackson Total—31 Jones Total—2 ABSENT Schedler The Chair declared the bill was Senate refused to reject the Conference Committee Report. ROLL CALL The roll was called on the original motion to adopt the Conference Committee Report with the following result: YEAS Mr. President Duplessis Jackson Adley Dupre Jones Amedee Ellington Kostelka Bajoie Fields Lentini Barham Fontenot Malone Boasso Gautreaux, B Marionneaux Boissiere Hainkel Michot Chaisson Heitmeier Mount Cheek Holden Nevers Cravins Hollis Romero Dardenne Irons Theunissen Total—33 NAYS Cain McPherson Total—4 Gautreaux, N Total—2 Smith Ullo ABSENT Schedler The Chair declared the Conference Committee Report was adopted. Senator Fontenot moved to reconsider the vote by which the report was adopted and laid the motion on the table. Personal Privilege Senator Nevers asked for and obtained the floor of the Senate on a point of personal privilege, and stated he had voted in error on the motion by Senator Fontenot to adopt the Conference Committee Report to House Bill No. 846. He voted yea on the motion and had intended to vote nay. He asked that the Official Journal so state. CONFERENCE COMMITTEE REPORT House Bill No. 672 By Representative Arnold June 18, 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. 672 by Representative Arnold, recommend the following concerning the reengrossed bill: 1. That Amendment No. 1 of the set of Senate Floor Amendments proposed by Senator Boasso and adopted by the Senate on June 4, 2004, be rejected. 2. That Amendment No. 2 of the set of Senate Floor Amendments proposed by Senator Boasso and adopted by the Senate on June 4, 2004, be adopted. 2237
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