RDCSB40 3645 3013
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, 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)]
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 present law Code of Civil Procedure
provisions relative to documents, including affidavits, that may be filed in support of or
opposition to a motion for summary judgment and additional documents obtained by the
Board of Ethics during the course of an investigation may be filed in support of or in
opposition to a proposed law 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 authorizes the Ethics Adjudicatory Board to 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 matter 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 requires the Ethics Adjudicatory Board to transmit notice of the hearing on the
motion for summary judgment 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.
(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
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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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the reengrossed bill:
1. Authorize filing affidavits in support or opposition of the motion shall be in
compliance with provisions of present law Code of Civil Procedure.
2. Expressly require the Ethics Adjudicatory Board to send notice of a hearing to
the Board of Ethics and the respondent.
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