Legislative power to subpoena advanced

Senators amended and advanced a bill from select file May 30 that would codify the state’s ability to issue subpoenas.

LB613, introduced by Columbus Sen. Paul Schumacher, originally would have established the Tax Modernization Commission to review and recommend updates to Nebraska’s tax code. The bill’s original language was incorporated into LR155.

A Schumacher amendment, adopted 38-1, removed the language that would have created the Tax Modernization Commission from the bill, leaving language authorizing the Legislature’s investigatory powers. Schumacher said the power to issue subpoenas already exists in legislative rules.

“Currently, the authority is not clearly spelled out [in statute,]” he said. “This would codify the authority for all committees — special and standing — so that they could make the decisions they need to make.”

A committee would have to receive approval by a majority vote of the Executive Board to issue a subpoena with regard to a specific inquiry or investigation. The committee could require any state agency, political subdivision or individual to provide information relevant to the investigation within 30 days of the initial request.

York Sen. Greg Adams supported the amendment, saying the authority to subpoena should be used with discretion.

“It’s important for the Legislature to be able to gather information, but the power of the subpoena, rarely ever used, is to the extreme,” he said. “I don’t want it abused by this body, by any standing or special committee. Hopefully we’ll never have to use it.”

Following the adoption of a technical amendment, senators advanced the bill to final reading on a 37-0 vote.