Amendment vs bill House Committee Amendment, #4708, H&G, Draft vs Engrossed

Struck = removed from the bill · added = the amendment's new text.

Previous
Latest
SLS 26RS-333 ENGROSSED Regular Session SENATE BILL NO.
HCASB123 3645 4708 HOUSE COMMITTEE AMENDMENTS Regular Session Amendments proposed by House Committee on House and Governmental Affairs to Engrossed Senate Bill No.
123 BY SENATOR MORRIS GOVERNOR.
123 by Senator Morris AMENDMENT NO.
Constitutional amendment to require the governor to certify a legislative address removing certain judges for cause.
1 On page 1, line 13, after "Duties." delete the remainder of the line and at the beginning of line 14,delete "(1) May remove fromoffice a" insert "(1) The governor mayremove from office a" AMENDMENT NO.
(2/3 - CA13s1(A)) A JOINT RESOLUTION Proposing to amend Article IV, Section 5(I) of the Constitution of Louisiana, relative to gubernatorialpowersandduties;torequiregubernatorialcertificationoftheremoval bylegislative addressof certainjudges or a Louisiana Supreme Court justice;
2 On page 1, line 16, after "(2)" and before "Upon" insert "(a)" AMENDMENT NO.
andto specifyan election for submission of theproposition to electorsandprovide a ballot proposition.
3 On page 1, line 16, after "address," and before "shall" insert "the governor" AMENDMENT NO.
Section 1.
4 On page 2, at the beginning of line 3, change "(a)" to "(i)" AMENDMENT NO.
Be it resolved bythe Legislature of Louisiana, two-thirds of the members electedtoeachhouseconcurring,thatthereshallbesubmittedtotheelectorsofthestate,for their approval or rejection in the manner provided bylaw, a proposal to amend Article IV, Section 5(I) of the Constitution of Louisiana, to read as follows:
5 On page 2, at the beginning of line 6, change "(b)" to "(ii)" AMENDMENT NO.
§5.
6 On page 2, at the beginning of line 9, change "(c)"to "(iii)" AMENDMENT NO.
Governor;
7 On page 2, at the beginning of line 12, change "(3)" to "(b)" AMENDMENT NO.
Powers and Duties Section 5.(A) * * * (I) Removal Power and Duties.
8 On page 2, delete line 14, and insert "(c) Nothing in this Subparagraph shall be construed" Page 1 of 1 CODING:
The governor may remove from office a:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
(1)Mayremovefromofficeapersonheappoints,exceptapersonappointed for a term fixed by this constitution or by law.
(2) Upon receipt of a joint legislative address, shall certify the removal of an elected or temporarily appointed district, juvenile, family, parish, Page 1 of 4 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SLS 26RS-333 ENGROSSED SB NO.
123 municipal, or court of appeal judge, or a Louisiana Supreme Court justice for malfeasance, gross misconduct, or incompetence committed while in office if:
(a) The cause for removal was stated and entered in the journal of the house of the legislature in which the address originated and a copy thereof was served on the judge prior to removal.
(b)AtrialbytheSenate,withsenatorsunderoathoraffirmationforthe trial, is conducted, at which the judge may present his defense to the stated cause for removal.
(c) The legislative address received a favorable vote of a majority of the elected members of the House of Representatives and a two-thirds majority of the elected members of the Senate.
(3)The removed judgeispermanently barredfromseeking any judicial office in the state of Louisiana.
(4) Nothing in Subparagraph (2) of this Paragraph shall be construed as precluding removal of a judge by impeachment pursuant to Article X, Section 24 of this constitution or by the supreme court pursuant to Article V, Section 25 of this constitution.
* * * Section2.
Beit furtherresolved that this proposed amendment shall besubmitted to the electors of the state of Louisiana at the statewide election to be held on April 17, 2027, as authorized by law.
Section 3.
Be it further resolved that on the official ballot to be used at said election there shall be printed a proposition, upon which the electors of the state shall be permitted to voteYES orNO,to amendtheConstitution of Louisiana, which proposition shall readas follows:
Do you support an amendment requiring the governor to certifythe removal of an elected or temporarily appointed district, juvenile, family, parish, municipal, or court of appeal judge, or a Louisiana Supreme Court justice for malfeasance, gross misconduct, or incompetence while in office, after a Page 2 of 4 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SLS 26RS-333 ENGROSSED SB NO.
123 trial in the Senate and after a vote to remove by a majority of the elected members of the House of Representatives and a two-thirds majority of the elected members of the Senate? (Amends Article IV, Section 5(I)) Section 4.
This Act shall be known and may be cited as the "Jacob Carter Act." The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Senate Legislative Services.
The keyword, summary, and digest do not constitute part of the law or proof or indicia of legislative intent.
[R.S.
1:13(B) and 24:177(E)] DIGEST SB 123 Engrossed 2026 Regular Session Morris Presentconstitutionallowsthegovernortoremovefromofficeapersonheappointedunless that person is appointed for a term fixed by either present constitution or present law.
Proposed constitutional amendment retains present constitution.
Proposed constitutional amendment requires the governor, on receiving a joint legislative address, to certify the removal of an elected or temporarily appointed district, juvenile, family, parish, municipal, or court of appeal judge, or La.
Supreme Court justice for malfeasance, gross misconduct, or incompetence committed while in office if:
(1) The cause for removal was stated and entered in the journal of the house of the legislature in which the address originated and a copy thereof was served on the judge.
(2) A trial by the Senate, with senators under oath or affirmation for the trial, is conducted at which the judge maypresent a defenseto the stated cause for removal.
Show all 60 changed rows (20 more)
Previous
Latest
(3) The address received a favorable vote of a majority of the elected members of the House of Representatives and a 2/3 majority of the elected members of the Senate.
Proposed constitutional amendment prohibits a judge removed by legislative address from seeking any judicial office in La.
Proposed constitutional amendment does not preclude either impeachment or disciplinary action against a judge.
Specifies submission of the amendment to the voters at the statewide election to be held on April 17, 2027, as authorized by law.
(Amends Const.
Art.
IV, Sec.
5(I)) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill 1.
Provide for legislative address to remove certain judges.
Page 3 of 4 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SLS 26RS-333 ENGROSSED SB NO.
123 2.
Requirethegovernortocertifyalegislativeaddressincertaincircumstances.
3.
Limit removal by legislative address to certain judges and to supreme court justices.
Page 4 of 4 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.