HB2745

THE CONTEXT: A legislative subpoena may be issued by the Senate President, Speaker of the House of Representatives (House) or any chairperson of a committee. For a subpoena to be sufficient, the subpoena must: 1) state whether the proceeding is before the Senate, House or a legislative committee; 2) be addressed to the witness; 3) contain the time and place that the attendance of the witness is required; and 4) be signed by the presiding officer of a committee chairman.

WHAT THE BILL DID: Allows a legislative committee to hold a witness in contempt for neglecting to obey a legislative subpoena, if an order of contempt is issued for failure to comply with the subpoena after the witness is given an opportunity for a hearing to present evidence as to why the witness is not in contempt.

WHY IT MATTERED: The practical reason for this bill was to give the people who rely on the rule clearer information and a defined reporting process. It would add that a witness may be committed to contempt if: a) after the witness is given notice and opportunity, at the discretion of the chairperson, for a hearing to present evidence to show cause as to why the witness is not in contempt; and b) the Senate President, Speaker of the House or any committee chairperson issues an order of contempt that finds the witness had knowledge of the subpoena, the ability to comply with the subpoena and failed to comply with the subpoena, and would also stipulate that a witness may be committed to contempt only by the prescribed procedures, unless another procedure is provided by the rules of either house of the Legislature, rather than leave the current rule unchanged.