Louisiana HCR 41: LEGISLATIVE AGCY/LAW INST: Directs the La. State Law Institute to direct printers to add a validity note following Article IX, Section 9 of the La. Constitution (EN NO IMPACT See Note)

Bill Text

ENROLLED
2022 Regular Session
HOUSE CONCURRENT RESOLUTION NO. 41
BY REPRESENTATIVE GREGORY MILLER
A CONCURRENT RESOLUTION
To authorize and direct the Louisiana State Law Institute to direct the printer of the
Constitution of Louisiana to add a validity note following Article IX, Section 9 of
the Constitution of Louisiana.
WHEREAS, the legislature enacted Act No. 797 of the 1978 Regular Session of the
Legislature, providing for a First Use Tax Trust Fund; and
WHEREAS, on November 7, 1978, by majority vote, the electorate approved Act
No. 797 of the 1978 Regular Session of the Legislature; and
WHEREAS, in Maryland v. Louisiana, 451 U.S. 725 (1981), the United States
Supreme Court held that the First Use Tax was unconstitutional for violating the Supremacy
Clause and Commerce Clause of the Constitution of the United States of America; and
WHEREAS, the Legislature of Louisiana repealed the First Use Tax in Act 4 of the
1998 Regular Session of the Legislature; and
WHEREAS, the printer of the Constitution of Louisiana continues to print Article
IX, Section 9 of the Constitution of Louisiana without a validity note following it concerning
its unconstitutionality and creating confusion regarding the constitutionality of the First Use
Tax Trust Fund.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
authorize and direct the Louisiana State Law Institute to direct the printer of the Constitution
of Louisiana to add a validity note following Article IX, Section 9 of the Louisiana
Constitution noting the decision of the United States Supreme Court in Maryland v.
Louisiana, 451 U.S. 725 (1981) and the subsequent repeal of the First Use Tax by Act 4 of
the 1998 Regular Session of the Legislature.
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HCR NO. 41 ENROLLED
BE IT FURTHER RESOLVED that two copies of this Resolution be transmitted to
the Louisiana State Law Institute and that the Louisiana State Law Institute forward one such
copy to the printer of the Constitution of Louisiana.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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