The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
SB 263 Original 2020 Regular Session Mizell
Present law requires that all suits filed against the state or any state agency or against an officer or
employee of the state or state agency for conduct arising out of the discharge of his official duties
or within the course and scope of his employment shall be instituted before the district court of the
judicial district in which the state capitol is located or in the district court having jurisdiction in the
parish in which the cause of action arises.
Proposed law provides an exception for certain suits against the legislature and legislative agencies
as provided below. Otherwise retains present law.
Present law provides that either the senate or the house of representatives may send for persons and
papers, and compel, or subpoena, their attendance or production whenever necessary in the
investigation of any matter before either chamber. Present law further provides that the chairman or
acting chairman of any committee of the senate or house of representatives, or of any joint committee
composed of members from both, may administer the oath to any witness who may be called before
them to testify in relation to any subject referred to them for their consideration.
Present law provides that, in the performance of his duties, the legislative auditor may compel, or
subpoena, the production of public and private documents and records. Present law further provides
that the legislative auditor and the chairman of the Legislative Audit Advisory Council may jointly
issue a subpoena for the production of documentary evidence to compel the production of any books,
documents, records, papers, films, tapes, and electronic data processing media regarding any
transaction involving a governmental entity.
Present law specifically provides the power of subpoena to the Joint Legislative Committee on the
Budget and the Joint Legislative Committee on Capital Outlay.
Present law provides that whenever the legislature or either house of the legislature, or whenever any
committee of either house or any joint committee of both houses or any subcommittee that has been
specifically and expressly granted subpoena power, has summoned any person as a witness to give
testimony or to produce papers or other evidence upon any matter under inquiry before such house,
committee, joint committee, or subcommittee, such person will be guilty of contempt of the
legislature if he or she does any of the following:
(1)Willfully defaults by failing to appear or to produce papers or other evidence, as ordered.
(2)Having appeared, refuses to take the oath or affirmation of a witness.
(3)Having appeared, refuses to answer any question pertinent to the question under inquiry. Present law provides that whoever is found guilty of contempt of the legislature will be punished by
a fine of not more than $1,000 or by imprisonment for not more than six months, or both. Present
law further provides that any contempt of the legislature charge will be deemed to have been
committed and trial of the offender may take place, for the purposes of venue, in any of the following
parishes:
(1)The parish where the subpoena is issued.
(2)The parish where the offender was served with the subpoena.
(3)The parish where the subpoena ordered the offender to give testimony or to produce papers
or other evidence, and the trial of the offender for such offense may take place in any of such
parishes.
Proposed law retains present law but provides that any challenge to a subpoena of a witness for
testimony or documents, which is made prior to the time in which a witness is declared to be in
contempt of the legislature, must be made in the 19th JDC in Baton Rouge. Proposed law specifies
those challenges to a subpoena, which are to be heard in the 19th JDC, to include any of the
following:
(1)Challenge to the authority of the legislature or of the senate or house of representatives.
(2)Challenge to the authority of any legislative committee, commission, or agency of the
legislative branch.
(3)Challenge to the issuance or enforcement of a legislative subpoena.
Effective August 1, 2020.
(Amends R.S. 13:5104(A) and R.S. 24:6)