Joint Rules #
Subpoena powers are only prescribed to the Government Operations and Audit Committee (except in ethics investigations):
“2-6-1. Administration of oaths by committee member. Any member of the Senate or House of Representatives, while acting as a member of any committee thereof, shall have authority to administer oaths to such persons as shall be examined before such committee.
“2-6-2. Composition and appointment of Government Operations and Audit Committee–Duties and reports–Assistance. There shall be appointed at each regular session of the Legislature a Government Operations and Audit Committee of ten, consisting of five members of the Senate appointed by the president pro tempore of the Senate, one of whom shall be a member of the Judiciary Committee, and five members of the House of Representatives appointed by the speaker of the house, one of whom shall be a member of the Judiciary Committee, for the purpose of inquiry and review of any phase of the operations and the fiscal affairs of any department, institution, board, or agency of the state, to review any findings of abuse or neglect in a juvenile corrections facility, to make a continuing study of the operation of the state’s correctional system, and to make a detailed report to the Senate and House of Representatives and submit a copy of its report to the appropriation committee of each house of the Legislature at the next succeeding session of the Legislature or any special session of the Legislature upon request of the body. The Department of Legislative Audit shall provide assistance, including clerical help, to the committee upon request.
“2-6-4. Investigative authority of Government Operations and Audit Committee–Subpoenas. The Government Operations and Audit Committee may examine all records and vouchers, summon witnesses by request or by issuing a subpoena, and thoroughly examine all expenditures and the general management of each department of state government. The Government Operations and Audit Committee may issue a subpoena for the person, documents, or both and use the procedure provided in chapter 21-34 to enforce its subpoena when the subject of the subpoena refuses to comply with the command to appear and testify before the committee. However, no subpoena may be issued until the decision to issue a subpoena by the Government Operations and Audit Committee has been ratified by the Executive Board of the Legislative Research Council.
“2-6-4.1. Report may be required where audit finding reoccurs–Contents of report. If an audit report of any department, institution, board, or agency of the state includes an audit finding that also occurred in an immediately preceding year, the Government Operations and Audit Committee may require the department, institution, board, or agency to present a report, as part of its budget hearing, during the succeeding legislative session. The report to the Appropriations Committees shall include the reasons for not implementing the audit recommendations and a corrective action plan.
“2-6-4.2. Criteria for issuing subpoena. Before a subpoena may be issued by the Government Operations and Audit Committee, the committee shall determine that:
- “(1) A legislative purpose exists pursuant to §§ 2-6-2 and 2-6-4;
- “(2) The subpoenaed person or documents are relevant and material to accomplish the legislative purpose; and
- “(3) The information sought is not otherwise practically available. It is not a legislative purpose to subpoena a person or documents to collect information that may be used for a criminal proceeding or to legislatively determine guilt or inflict punishment upon an identifiable person.
“2-6-5. Disobedience of legislative summons as misdemeanor. Any person who is summoned to attend as a witness before either house of the Legislature or any committee thereof authorized to summon or subpoena witnesses, and who refuses or neglects without lawful excuse to attend pursuant to the summons or subpoena, is guilty of a Class 2 misdemeanor.
“2-6-6. Refusal to testify or produce evidence before Legislature as misdemeanor. Any person who, being present before either house of the Legislature or any committee thereof authorized to summon witnesses, willfully refuses to be sworn or affirmed, or to answer any material and proper question, or to produce upon reasonable notice any material or proper books, papers, or documents in his possession or under his control, is guilty of a Class 2 misdemeanor” (Joint Rules, Chapter 7).
