HB2824

THE CONTEXT: If a witness fails to comply with a legislative subpoena or refuses to testify, the Senate or House may hold them in contempt through a resolution recorded in the journal. The Sergeant at Arms may arrest a non-compliant witness and bring them before the Legislature, based on a resolution signed by the President or Speaker and countersigned by the Secretary or Chief Clerk ( A.

WHAT THE BILL DID: The final vetoed version would designate all testimony that is authorized by the Legislature as sworn testimony under the penalty of perjury, establish the following alternate procedure for a witness who refuses to obey a Legislative subpoena: a) at the discretion of the chairman, allow the witness an opportunity to present evidence in a hearing to demonstrate why they should not be held in contempt; and b) if the committee, President of the Senate or Speaker of the House determines that the witness had prior knowledge of the subpoena, the ability to comply, but still refused, then the committee can officially declare the witness in contempt, and authorize the Sergeant at Arms or a county sheriff to arrest the witness and compel their appearance before the House or Senate upon a contempt order signed by the chairman, President of the Senate or Speaker of the House, and countersigned by the Secretary of the Senate or Chief Clerk of the House.

WHY IT MATTERED: The practical reason for this bill was to make the stated financial responsibility enforceable and keep public reporting on time. It would designate all testimony that is authorized by the Legislature as sworn testimony under the penalty of perjury, and would also establish the following alternate procedure for a witness who refuses to obey a Legislative subpoena: a) at the discretion of the chairman, allow the witness an opportunity to present evidence in a hearing to demonstrate why they should not be held in contempt; and b) if the committee, President of the Senate or Speaker of the House determines that the witness had prior knowledge of the subpoena, the ability to comply, but still refused, then the committee can officially declare the witness in contempt, rather than leave the current rule unchanged.