HB557 By Representatives Mooney, Wingo, Williams (JW), Whorton (R), Shedd, Crawford, Hanes, Harbison, Holmes (M) and Fridy RFD State Government Rd 1 19-APR-16

SYNOPSIS: Existing law does not provide for a comprehensive method for legislative committees to subpoena witnesses and documents.

This bill would provide standing committees of the House of Representatives and standing committees of the Senate with the authority to subpoena witnesses to testify before the committee and to subpoena documents as needed to conduct the business of the respective committee.

This bill would further provide for enforcement by the circuit court regarding persons failing to properly respond to a legislative subpoena.

This bill would provide for payment of certain expenses of witnesses.

A BILL TO BE ENTITLED AN ACT

Relating to standing legislative committees; to provide the authority to subpoena witnesses and documents; and to provide for enforcement and witness compensation.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. For purposes of this act "committee" means any standing committee of the House of Representatives or of the Senate.

Section 2. (a) A committee may issue subpoenas, including subpoenas duces tecum, for the following purposes:

(1) To enforce the attendance of witnesses for purposes of testifying concerning pending legislation or other subject matters as may be assigned to the committee by rule or resolution.

(2) To enforce the production of records, documents, papers, or other items of evidence necessary to conduct the business of the committee.

(b) Any subpoenas issued by a committee may be delivered to the Secretary of the Senate or the Clerk of the House of Representatives, as appropriate, who shall promptly serve or have served the subpoena upon the party named in the subpoena.

(c) The Secretary of the Senate and the Clerk of the House of Representatives may appoint any person over the age of 18 years to serve subpoenas on behalf of the Secretary or Clerk.

(d) A subpoena provided for by this act shall be signed by the chair of the committee issuing the subpoena.

(e) A subpoena provided for by this act shall be in the usual form of subpoenas issued by courts of record in the state that require the attendance of witnesses or the production of evidence. A subpoena is sufficient if it:

(1) States the particular committee before which the proceeding will be conducted.

(2) Is addressed to the witness.

(3) Requires the attendance of the witness at a time and place certain.

Section 3. (a) Any person who, having been served with a subpoena provided for by this act, fails to appear, or who, having appeared, willfully refuses to answer any question propounded by any member of the committee or who willfully refuses to produce any papers, documents, records, or other items of evidence, requested and deemed to be material by the committee, shall be in violation of this act.

(b) If a witness summoned by subpoena under this act fails to appear or, having appeared, fails to answer or produce documents as ordered, the chair of the committee shall certify those facts to the Circuit Court of the 15th Judicial Circuit. The circuit court, upon a finding that the person has violated this act, shall impose injunctive action to enforce the requirements of this act and may punish the violator for contempt as provided by law.

Section 4. (a) All witnesses subpoenaed to appear under this act, before giving their testimony, shall take an oath or make an affirmation as provided by law for witnesses appearing in a court of law to give testimony.

(b) The chair of the committee may administer oaths or affirmations to witnesses appearing before his or her committee. Violation of such oath or affirmation is subject to the perjury laws of this state and to a determination by the circuit court of contempt.

Section 5. (a) If a witness refuses to testify on the basis of his or her privilege against self-incrimination and the person presiding over the committee meeting communicates to the witness that the witness is required to testify, the witness may not refuse to testify. However, the witness may not be held criminally liable or held to answer criminally based upon any fact or act directly related to that which he or she is required to testify. No statement made by the witness or paper produced by the witness during such required testimony shall be considered competent evidence in any criminal proceeding against the witness except in the prosecution for perjury or a finding of contempt.

(b) A witness may be sworn to testify under penalty of perjury without the immunity provided for in subsection (a) if all of the following conditions are met.

(1) The following statement is read or otherwise communicated to the witness:

"Alabama law provides that a person subpoenaed to testify before a committee of the Alabama Legislature cannot be held criminally liable or be held to answer criminally based upon any fact or act directly related to that which he or she is required to testify about other than for perjury committed in testifying or a finding of contempt. However, this committee will not require your testimony. The committee does not wish to be placed in a position where it can be claimed that you received immunity from any possible criminal prosecution because of your testimony before this committee. Because you are not being given immunity from criminal prosecution, you have a constitutional right to refuse to testify before this committee. If you desire to waive your right not to testify and testify voluntarily, you will be given the opportunity to testify subject to all of the following conditions:

a. "If you do not wish to answer a question, you will so state.

b. "In the absence of such a statement, your answer to each question will be entirely voluntary.

c. "If you choose to testify, you will be sworn under oath and will be subject to criminal prosecution for perjury committed in testifying.

d. "If you choose to testify voluntarily, you are reminded that any self-incriminating statements you make can be used against you in criminal proceedings."

(2) After the statement quoted above is communicated to the witness, the witness shall answer the following questions in the affirmative:

a. "Do you understand these statements regarding your rights before this committee?"

b. "Do you wish to testify voluntarily under the conditions presented?"

(c) The consent to testify and subsequent testimony pursuant to subsection (b) constitute a knowing waiver of the privilege of the witness against self-incrimination.

Section 6. Any person subpoenaed to appear as a witness before a committee shall be entitled to compensation, including travel pay, as provided by law for witnesses subpoenaed to appear in civil cases in courts of record of this state. Upon requisitions signed by the chair of the committee, these payments shall be paid out of any funds appropriated to the use of the Legislature by means of warrants drawn by the State Comptroller on the State Treasury.

Section 7. (a) Nothing in this act shall be construed as inconsistent with any existing authority of the Legislature to exercise, in all proper cases, all other powers as expressly declared in the Constitution of Alabama of 1901.

(b) This act shall be read in para materia with other laws and practice which provide for the issuance of subpoenas by committees of the Legislature.

Section 8. All laws or parts of laws which conflict with this act are repealed.

Section 9. This act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law.

Legislature

Legislative Committees

Civil Procedure

Subpoenas

Court, Circuit

Documents