09 LC
14 0011
House
Bill 490
By:
Representatives Levitas of the
82nd,
Ralston of the
7th,
Harbin of the
118th,
Wilkinson of the
52nd,
Coan of the
101st,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating
to general provisions applicable to the General Assembly, so as to authorize the
use of process to secure the attendance of witnesses and the production of
documents before legislative committees; to provide for service, witness fees,
and records; to provide for criminal failure to respond to a subpoena or answer
questions and punishment therefor; 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 general
provisions applicable to the General Assembly, is amended by adding a new Code
section to read as follows:
"28-1-18.
(a)
As used in this Code section, the term 'committee' includes any standing
committee of the General Assembly established by rules of the Senate or House of
Representatives, any subcommittee of any such standing committee, and any
interim committee established by resolution of the Senate or House of
Representatives, by joint resolution, or by order of the President of the Senate
or the Speaker of the House of Representatives; provided, however, that the term
shall not include any interim committee which does not have members of the
General Assembly as a majority of the members of the interim
committee.
(b)
Process in the form of a subpoena may be issued by any committee to secure the
attendance of a witness, the production of documents, or both. The issuance of
process shall be authorized by vote of the committee and carried out by the
chairperson of the committee following such authorization.
(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 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 (f) of this Code section.
(f)(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 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."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.