50-406. Legislature; power of inquiry; Legislative Council; Legislative Oversight Committee; committees; public hearings; oaths; subpoenas; books and records; examination; litigation; appeal.

639 words·~3 min read·/ne/chapter-50/50-406

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)It is within the inherent power of the Legislature, including the Legislative Council, the Legislative Oversight Committee, and any standing committee of the Legislature, to secure needed information in order to legislate, hold hearings, and administer oaths, as the council or committee deems necessary, and to conduct investigations of matters within the subject matter jurisdiction of the council or committee. This power of inquiry is broad and indispensable.

(2)The Legislative Council may hold public hearings and may administer oaths, issue subpoenas with the prior approval, by a majority vote, of the Executive Board of the Legislative Council to issue subpoenas in connection with the specific inquiry or investigation in question, compel the attendance of witnesses and the production of any papers, books, accounts, documents, and testimony, and cause the depositions of witnesses to be taken in the manner prescribed by law for taking depositions in civil actions in the district court.

(3)The Legislative Oversight Committee or a standing committee of the Legislature may hold public hearings, administer oaths, and gather information. After receiving prior approval, by a majority vote, of the Executive Board of the Legislative Council, the committee may issue subpoenas to compel the attendance of witnesses and the production of any papers, books, accounts, documents, and testimony and cause the depositions of witnesses to be taken in the manner prescribed by law for taking depositions in civil actions in the district court.

(4)(a) A special legislative investigative or oversight committee may hold public hearings, administer oaths, and gather information pursuant to a statute or legislative resolution that provides for a specific legislative inquiry or investigation. In the case of a resolution, such resolution shall have first been adopted by a majority of the members of the Legislature during a legislative session or by a majority of the members of the Executive Board of the Legislative Council during the interim between legislative sessions.

(b)If authorized to issue subpoenas by statute or by a resolution described in subdivision (4)(a) of this section, a special legislative investigative or oversight committee may issue subpoenas to compel the attendance of witnesses and the production of any papers, books, accounts, documents, and testimony and cause the depositions of witnesses to be taken in the manner prescribed by law for taking depositions in civil actions in the district court.

(c)A resolution or statute creating a special legislative investigative or oversight committee may prescribe limitations on the authority granted by this section.

(5)When authorized to issue subpoenas under this section, the council or a committee may require any state agency, political subdivision, or person to provide information relevant to the council's or committee's work, and the state agency, political subdivision, or person shall:

(a)Appear at a hearing on the date set in the subpoena; and

(b)Provide the information requested within thirty days after the request except as provided for in the subpoena.

(6)Litigation to compel or quash compliance with authority exercised pursuant to this section and section 50-407 shall be advanced on the trial docket and heard and decided by the court as quickly as possible. The court shall issue its decision no later than twenty days after the filing of the application or petition or a motion to quash, whichever is filed first. Either party may appeal to the Court of Appeals within ten days after a decision is rendered.

(7)The district court of Lancaster County has jurisdiction over all litigation arising under this section and section 50-407 . In all such litigation, the Executive Board of the Legislative Council shall provide for legal representation for the council or committee.

A subpoena issued during one biennium legislative term automatically expires with the expiration of the Legislature in which the investigation began. State ex rel. Peterson v. Ebke, 303 Neb. 637, 930 N.W.2d 551 (2019).