09 LC
14 0007
House
Bill 510
By:
Representatives Butler of the
18th,
Harbin of the
118th,
Roberts of the
154th,
and Levitas of the
82nd
A
BILL TO BE ENTITLED
AN ACT
To
amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating
to the General Assembly in general, so as to provide for the issuance of
subpoenas to testify and produce documents by the chairpersons and vice
chairpersons of the Senate and House appropriations committees; to provide for
failure to comply with a subpoena and for the criminal punishment thereof; to
provide for service, witness fees, and records; to provide for other related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 28 of the Official Code of Georgia Annotated, relating to the General
Assembly in general, is amended by adding a new Code section to read as
follows:
"28-1-18.
(a)
The chairpersons and vice chairpersons of the Senate and House appropriations
committees may issue subpoenas to witnesses to compel them to give sworn
testimony or produce documents or both before the appropriations committees or
the subcommittees thereof. A subpoena issued under this Code section may be
served anywhere in Georgia.
(b)(1)
Any person who willfully fails to comply with a subpoena under this Code section
or who, having appeared, refuses to answer any question pertinent to the
question under inquiry shall upon conviction be guilty of a
misdemeanor.
(2)
Upon the failure of a person under subpoena to appear or answer pertinent
questions, the chairperson or vice chairperson issuing the subpoena shall make a
certification of such fact to the appropriate prosecuting attorney who shall
have the duty to promptly investigate and prosecute any violation of this Code
section.
(c)
Service of subpoenas issued under this Code section shall be made by any person
appointed for such purpose by the presiding officer of the Senate or the House
of Representatives.
(d)
Witnesses appearing under subpoena shall be entitled to witness fees as provided
in Code Section 24-10-24. In the case of a person who resides outside of Fulton
County, service of a subpoena under this Code section shall be accompanied by
the tender of a witness fee and mileage in the same amounts as specified under
Code Section 24-10-24. The legislative fiscal officer shall issue checks for
this purpose upon requisition of the chairperson or vice chairperson issuing the
subpoena, and tender of payment in the form of a check so issued shall suffice
to validate the service.
(e)
The Secretary of the Senate and the Clerk of the House of Representatives shall
provide subpoena forms and shall keep permanent records of the issuance of
subpoenas, the return of service thereof, and the issuance of certifications
under paragraph (2) of subsection (b) of this Code
section."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.