HASBSB40 MCCLOUDT 2500
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 40 2023 Regular Session Foil
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
ETHICS. Allows the use of summary proceedings in matters pending before the
Ethics Adjudicatory Board. (8/1/23)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Limit documents filed in support or opposition of the motion for summary
judgment to those enumerated in 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.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
SB 40 Reengrossed 2023 Regular Session Price
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.
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. HASBSB40 MCCLOUDT 2500
(Adds R.S. 42:1141.7 and 1141.8)
______________________
Tyler S. McCloud
Division 4 Director