The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Matt DeVille.
DIGEST
SB 40 Reengrossed 2023 Regular Session Foil
Proposed law authorizes the use of motions and exceptions by any party in matters before the Ethics
Adjudicatory Board. Provides procedure for the use of a motion for summary judgment.
Proposed law authorizes a motion for summary judgment to be filed by the Board of Ethics or the
respondent without leave of the Ethics Adjudicatory Board and without an agreement by any other
party to the use of summary judgment procedure, at any time before, during, or after a public hearing
on the merits.
Proposed law provides that after a period of adequate discovery, a motion for summary judgment
shall be granted if the motion, memorandum, and supporting documents show that there is no
genuine issue as to a material fact and that the mover is entitled to judgment as a matter of law.
Proposed law provides that the documents listed in Code of Civil Procedure Art. 966, and documents
obtained by the Board of Ethics during the course of an investigation may be filed in support of or
in opposition to a motion for summary judgment.
Proposed law provides that the burden of proof is on the mover and further provides the burden is
on the adverse party to produce factual support sufficient to establish the existence of a genuine issue
of material fact or that the mover is not entitled to judgment as a matter of law.
Proposed law provides that the Ethics Adjudicatory Board may render summary judgment dispositive
of a particular issue or defense in favor of one or more parties even though the granting of the
summary judgment does not dispose of the entire case as to that party or parties. Further provides
that the Ethics Adjudicatory Board may render or affirm summary judgment only as to those issues
set forth in the motion under consideration by the board at that time.
Proposed law provides that notice of the hearing on the motion for summary judgment shall be
transmitted to the Board of Ethics through the secured electronic file transfer system and to the
respondent through his counsel of record, or if no counsel of record, to the respondent, by either
email or regular mail to the last known email or mailing address provided by the respondent's
counsel of record or respondent to the Ethics Adjudicatory Board.
Proposed law provides that a denial of a motion for summary judgment is an interlocutory judgment
and is not appealable pursuant to present law.
Effective August 1, 2023.
(Adds R.S. 42:1141.7 and 1141.8) Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and Governmental
Affairs to the original bill
1. Remove the Board of Ethics' investigative file, all records and documents in the
possession of the Board of Ethics, and any other documents that have probative value
commonly accepted by reasonably prudent people in the conduct of their affairs from
the list of documents that may be filed in support of or in opposition to the motion
for summary judgment.
2. Add certified medical records to the list of documents that may be filed in support
of or in opposition to the motion for summary judgment.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Provide that documents listed in Code of Civil Procedure Art. 966 and documents
obtained by the Board of Ethics during the course of an investigation may be filed in
support of or in opposition to the motion for summary judgment.