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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 42
BY SENATOR MURRAY
A JOINT RESOLUTION1
Proposing to amend Article V, Section 8(B) of the Constitution of Louisiana, relative to the2
judicial branch; to provide relative to courts of appeal; to require reargument before3
a five-judge panel when an appellate judge dissents from a majority decision to4
modify or reverse a judgment rendered by the office of workers' compensation; and5
to specify an election for submission of the proposition to electors and provide a6
ballot proposition.7
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members8
elected to each house concurring, that there shall be submitted to the electors of the state, for9
their approval or rejection in the manner provided by law, a proposal to amend Article V,10
Section 8(B) of the Constitution of Louisiana, to read as follows:11
ยง8. Courts of Appeal; Circuits; Panels; Judgments; Terms12
Section 8. * * *13
(B) Judgments. A majority of the judges sitting in a case must shall concur14
to render judgment. However, in civil matters only, when a judgment of a district15
court or an administrative agency determination in a workers' compensation16
claim is to be modified or reversed and one judge dissents, the case shall be reargued17
before a panel of at least five judges prior to rendition of judgment, and a majority18
must shall concur to render judgment.19
* * *20
Section 2. Be it further resolved that this proposed amendment shall be submitted21
to the electors of the state of Louisiana at the statewide election to be held on November 2,22
2010.23
Section 3. Be it further resolved that on the official ballot to be used at said election24
there shall be printed a proposition, upon which the electors of the state shall be permitted25
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall26
read as follows:27
ACT No. 1051 SB NO. 42 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
To provide that, in civil matters only, when a court of appeal is to modify or1
reverse an administrative agency determination in a workers' compensation2
claim and one judge dissents, the case shall be reargued before a panel of at3
least five judges prior to rendition of judgment, and a majority shall concur4
to render judgment. (Amends Article V, Section 8(B))5
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES