The proposed bill would amend current statutes regarding legislative subpoenas and the handling of witnesses who fail to comply. Under the new provisions, a witness may be held in contempt if they neglect to obey a legislative subpoena after being given notice and an opportunity for a hearing to present evidence. The order of contempt would be issued by the chairperson of a committee or the president of the Senate or speaker of the House, provided that the witness had knowledge of the subpoena, the ability to comply, and failed to do so. Additionally, all testimony produced in legislative proceedings would be required to be sworn testimony under penalty of perjury.

The bill also expands the authority to arrest non-compliant witnesses, allowing both the sergeant-at-arms and county sheriffs to execute such arrests. It specifies that the order of contempt must be signed by the chairperson or legislative leaders and countersigned by the appropriate clerical officials. The amendments aim to clarify the process for holding witnesses accountable while ensuring that testimony is taken under oath, thereby enhancing the integrity of legislative proceedings.

Statutes affected:
Introduced Version: 41-1153
House Engrossed Version: 41-1153
Senate Engrossed Version: 41-1152, 41-1153, 41-1151