Amendment vs bill House Floor Amendment, #6305, Bacala, Adopted vs Enrolled

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Regular Session ENROLLED SENATE BILL NO.
HFASB479 4747 6305 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session Amendments proposed by Representative Bacala to Reengrossed Senate Bill No.
479 BYSENATORMORRISANDREPRESENTATIVESAMEDEE,BACALA,BERAULT, BOUDREAUX, BOYER, BROUSSARD, BUTLER, CARLSON, CARRIER, CARVER, CHENEVERT, COX, CREWS, DESHOTEL, DEWITT,DICKERSON,EDMONSTON,EGAN,FIRMENT,GALLE, HORTON, MIKE JOHNSON, JACOB LANDRY, MCCORMICK, MCMAKIN,OWEN,SAWYER,SCHAMERHORN,SPELL,WILDER, WILEY AND WYBLE AN ACT To enact Chapter 21-A of Title 42 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.
479 by Senator Morris AMENDMENT NO.
42:1421 through 1424, relative to removal of public officials;
1 DeletethesetofamendmentsbytheHouseCommitteeonHouseandGovernmentalAffairs (#5121) AMENDMENT NO.
to provideforremovalofcertainelectedortemporarilyappointedjudgesoraLouisiana SupremeCourtjusticebylegislativeimpeachment;toproviderelativetoprocedures;
2 On page 1, line 12, delete "ADDRESS" and insert " IMPEACHMENT" AMENDMENT NO.
to provide for definitions;
3 On page 1, line 15, delete "grossly negligent" and insert "willful and persistent failure in the" AMENDMENT NO.
to provide for effectiveness;
4 On page 2, line 1, after "or" delete "to" and insert "for a judge to willfully and" AMENDMENT NO.
and to provide for related matters.
5 On page 2, delete lines 3 through 29 and insert the following:
Be it enacted by the Legislature of Louisiana:
" (2) "Malfeasance while in office" means substantial wrongdoing or misconduct by a judge in an official capacity that seriously undermines public confidence in the judiciary, including but not limited to any intentional refusal or other failure toperformany duty requiredbylaw, intentionally performing official duties in an unlawful manner, intentional or willful commission of an unlawful or wrongful act including the persistent refusal to follow the laws of thisstateortheUnitedStates,orknowinglypermittinganyotherpublic officer or public employee, under his or her authority, to commit malfeasance in office." AMENDMENT NO.
Section 1.
6 On page 3, delete lines 1 through 15 and insert the following:
Chapter 21-A of Title 42 of the Louisiana Revised Statutes of 1950, comprised of R.S.
" §1422.
42:1421 through 1424, is hereby enacted to read as follows:
CHAPTER 21-A.
REMOVAL OF PUBLIC OFFICIALS BY LEGISLATIVE IMPEACHMENT §1421.
Definitions For the purposes of this Chapter:
(1) "Gross misconduct" means the grossly improper or willful and persistentfailureintheperformanceofanofficial'sdutytofollowandapplythe laws of this state or the laws of the United States or to persistently engage in grossly improper or illegal conduct which brings disrepute to the judicial systemofthisstateorforajudgetowillfullyandpersistentlyviolatethecanons of the Code of Judicial Conduct.
(2) "Malfeasance while in office" means substantial wrongdoing or misconduct by a judge in an official capacity that seriously undermines public Page 1 of 6 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
479 ENROLLED confidence in the judiciary, including but not limited to any intentional refusal orother failure to performany duty requiredby law,intentionally performing official duties in an unlawful manner, intentional or willful commission of an unlawful or wrongful act including the persistent refusal to follow the laws of thisstateortheUnitedStates,orknowinglypermittinganyotherpublic officer orpublicemployee,underhisorherauthority,tocommitmalfeasanceinoffice.
§1422.
(3)(a) If the complaint is against a judge, the speaker of the House of Representatives or president of the Senate may elect to request a confidential report from the Judiciary Commission to ascertain whether the matter is already under active investigation or may elect to propose that the legislature issue a Special Legislative Address for Investigation pursuant to R.S.
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Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HFASB479 4747 6305 (3)(a) If the complaint is against a judge, the speaker of the House of Representatives or president of the Senate may elect to request a confidential report from the Judiciary Commission to ascertain whether the matter is already under active investigation or may elect to propose that the legislature issue a Special Legislative Address for Investigation pursuant to R.S.
(b) If the complaint is against an official for conduct subject to the jurisdiction of theBoard of Ethics, thespeakeroftheHouseof Representatives or president of the Senate may elect to request a confidential report from the Board of Ethics to ascertain whether the matter is already under active investigation.
(b) If the complaint is against an official for conduct subject to the jurisdictionoftheBoardofEthics,thespeakeroftheHouse ofRepresentatives or president of the Senate may elect to request a confidential report from the Board of Ethics to ascertain whether the matter is already under active investigation.
(c) The speaker of the House of Representatives or president of the Senatemaydirectthatproceedingspursuant tothis Sectionbepaused pending the conclusion of disciplinary proceedings in another body.
(c) The speaker of the House of Representatives or president of the Senatemay directthatproceedingspursuanttothisSectionbepaused pending the conclusion of disciplinary proceedings in another body.
However, upon Page 2 of 6 Coding:
However, upon written petition of three-fifths of both the House of Representatives and the Senate, the investigation shall proceed under this Section.
Words which are struck through are deletions from existing law;
B.Uponrequestbythree-fifthsofboththeHouseofRepresentativesand Senate, which may be by written ballot, the speaker of the House of Representatives shall appoint threemembers of the House of Representatives, the president of the Senate shall appoint three members of the Senate, and the speakeroftheHouseofRepresentativesandpresidentoftheSenateshalljointly appoint one member of the legislature as chair of a joint legislative committee on an impeachment investigation.
words in boldface type and underscored are additions.
SB NO.
479 ENROLLED written petition of three-fifths of both the House of Representatives and the Senate, the investigation shall proceed under this Section.
B.Uponrequestbythree-fifthsofboththeHouseofRepresentativesand Senate, which may be by written ballot, the speaker of the House of Representatives shall appoint three members of the House of Representatives, the president of the Senate shall appoint three members of the Senate, and the speakeroftheHouseofRepresentativesandpresidentoftheSenateshalljointly appoint one member of the legislature as chair of a joint legislative committee on an impeachment investigation.
Following any failure by the joint committee to determine under this Paragraph that the complaint states facts supportingafindingofprobablecauseofaviolationwarrantingimpeachment, the complaint shall be dismissed.
Following any failure by the joint committee to determine under this Paragraph that the complaint states facts supportingafinding ofprobablecauseofaviolationwarrantingimpeachment, the complaint shall be dismissed.
(4) Unless dismissed, the committee shall investigate, give reasonable noticetothe respondent, and grant therespondent an opportunity tobeheard.
(4) Unless dismissed, the committee shall investigate, give reasonable notice to therespondent, and granttherespondent an opportunity to be heard.
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Any special committeeorspecialmaster'sreportand recommendation shall be presented to the chair of the joint committee as soon as practicable after the close of the investigation.
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
479 ENROLLED Any special committeeorspecialmaster'sreportand recommendationshallbe presented to the chair of the joint committee as soon as practicable after the close of the investigation.
(5) If the report and recommendation of the special master or the select committee conclude that the facts support a finding of a violation warranting impeachment, the joint committee shall consider the report and recommendation, may make further inquiry, shall grant the respondent an opportunitytobeheardbeforeit,andshallrespondtothereportbytakingany of the following actions:
(5) If the report and recommendation of the special master or the select committee conclude that the facts support a finding of a violation warranting impeachment, the joint committee shall consider the report and recommendation, may make further inquiry, shall grant the respondent an opportunitytobeheardbeforeit,and shallrespondtothereportbytakingany of the following actions:
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(6) If the joint committee recommends impeachment by a three-fifths voteofitsappointedmembers,thespeakeroftheHouseofRepresentativesshall present the committee's final recommendation along with any findings of the special master or special committee, to the House for final action.
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Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HFASB479 4747 6305 (6) If the joint committee recommends impeachment by a three-fifths voteofitsappointedmembers,thespeakeroftheHouseofRepresentativesshall present the committee's final recommendation along with any findings of the special master or special committee, to the House for final action.
The Page 4 of 6 Coding:
The applicable period of limitation is tolled on the day a sworn complaint is filed with the clerk of the House of Representatives.
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
479 ENROLLED applicable period of limitation is tolled on the day a sworn complaint is filed with the clerk of the House of Representatives.
When the House of Representatives is in recess or not in session, the speaker of the House of Representatives may appoint a replacement for any impeachment manager appointed by the House of Representatives if the manager neglects or cannot performthe duties of a manager or if the manager resigns.
When the House of Representatives is in recess or not in session, the speaker of the House of Representatives may appoint a replacement for any impeachment manager appointed by the House of Representatives if the manager neglects or cannot perform the duties of a manager or if the manager resigns.
G.TheSenateshall determine thetimeforthetrialof any impeachment and may sit for the trial whether the legislature is in session or not.
G.
The Senateshall determine thetimeforthetrialof any impeachment and may sit for the trial whether the legislature is in session or not.
Special legislative address concerning investigation of a judge In lieu of bringing impeachment proceedings, the legislature by concurrent resolution, adopted in accordance with all applicable rules for passage of a bill, may refer to the Judiciary Commission for investigation any matter concerning the conduct of a judge that it finds could constitute gross misconduct or malfeasance.
Special legislative address concerning investigation of a judge.
In lieu of bringing impeachment proceedings, the legislature by concurrent resolution, adopted in accordance with all applicable rules for passage of a bill, may refer to the Judiciary Commission for investigation of, anymatterconcerningtheconductofajudgethatitfindscouldconstitutegross misconduct or malfeasance.
Availability of other proceedings NothinginthisChaptershallbeconstruedasprecludingremovalofany official, including a judge, by impeachment at any time pursuant to Article X, Section 24 of the Constitution of Louisiana, removal of a judge by the supreme court pursuant to Article V, Section 25 of the Constitution of Louisiana, or removal by suit of officials subject to the provisions of Article X, Section 25 of the Constitution of Louisiana.
Availability of other proceedings.
NothinginthisChaptershallbeconstruedasprecludingremovalofany official, including a judge, by impeachment at any time pursuant to Article X, Section 24 of the Constitution of Louisiana, removal of a judge by the supreme court pursuant to Article V, Section 25 of the Constitution of Louisiana, or removal by suit of officials subject to the provisions of Article X, Section 25 of the Constitution of Louisiana.
This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature Page 5 of 6 Coding:
This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
Words which are struck through are deletions from existing law;
If vetoed bythe governorand subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval." Page 3 of 3 CODING:
words in boldface type and underscored are additions.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
SB NO.
479 ENROLLED by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governorand subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.