HB 171

Under existing law, there is no provision for the issuance of subpoenas by chairs of standing committees of the Legislature

This bill would authorize the chair of a committee of either house of the Legislature, by majority vote of the committee, to issue a subpoena to compel the attendance of witnesses and the production of papers, documents, files, and other evidence before the committee and would establish procedures for the issuance of such subpoenas

This bill would provide penalties for persons who fail to properly respond to a legislative subpoena

This bill would provide for payment of certain expenses of witnesses

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to the Legislature; to authorize the chair of a committee of either house of the Legislature to issue subpoenas to compel the attendance of witnesses and the production of papers; to establish procedures for the issuance of subpoenas; to provide criminal penalties for persons who fail to properly response to a legislative subpoena or who commit perjury under oath; and to provide for payment of certain expenses of witnesses; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

For purposes of this act, the term committee means any standing committee of the House of Representatives or the Senate.

Section 2

(a) The chair of a committee of either house of the Legislature, by majority vote of the committee, may issue a subpoena to compel the attendance of a witness and the production of papers, documents, files, and other evidence before the committee at a specified time and place as may be named in the subpoena; provided, that the subject of investigation is within the range of legitimate legislative inquiry, and the proposed testimony of the person called relates to that subject. A subpoena issued pursuant to this act shall have the power to compel the attendance of witnesses and the production of papers, files, and records as a court of law and with like effect. (b) A subpoena issued under this act is considered sufficient if it does all of the following: (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

All subpoenas and other process issued by a committee of the Legislature for witnesses when attendance may be required before the committee shall be under the hand of the chair of the committee and attested by the Clerk of the House of Representatives or the Secretary of the Senate, as appropriate. The Clerk of the House of Representatives or the Secretary of the Senate, as appropriate, shall promptly serve, or have served, a subpoena issued by a committee upon the party named in the subpoena. Subpoenas shall be served in the manner provided for service of process in the Alabama Rules of Civil Procedure.

Section 4

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 in 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 5

(a) The chair of a committee of either house of the Legislature shall be fully empowered to administer oaths and to take depositions for the purpose for which the committee is empowered to issue subpoenas for persons, papers, or records. A person who provides false testimony while under oath is guilty of perjury and subject to the penalties prescribed by law. (b) If a person subpoenaed to appear before a committee of either house of the Legislature fails to appear or produce subpoenaed material, the chair of the committee may invoke the aid of the Circuit Court for the 15th Judicial Circuit in order that the testimony or evidence be produced. Upon proper showing, the circuit court shall issue a subpoena or order requiring the person to appear before the committee and produce all evidence and give all testimony relating to the matter at issue. A person who fails to comply with an order may be punished by the court for contempt.

Section 6

(a) If a witness refuses to testify on the basis of his or her privilege against self-incrimination an 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 the required testimony shall be considered competent evidence in any criminal proceeding against the witness except in prosecution for perjury or contempt of the Legislature. (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 contempt of the Legislature. 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 proseuction, 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) constitutes a knowing a waiver of the privilege of the witness against self-incrimination.

Section 7

Each house of the Legislature may adopt procedures for the implementation of this act.

Section 8

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 9

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.