50-407. Legislative Council; committees; subpoenas; enforcement; refusal to testify; procedure.

336 words·~2 min read·/ne/chapter-50/50-407

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

(1)In case of disobedience on the part of any person, including a representative of a state agency or political subdivision, to comply with any subpoena issued pursuant to section 50-406 or in case of the refusal of any witness to testify on any matters regarding which the witness may be lawfully interrogated, the Legislative Council, the Legislative Oversight Committee, or the standing committee or special legislative investigative or oversight committee which issued the subpoena shall, at the hearing at which the person was subpoenaed to appear, vote on whether to find the person in contempt or to find that the failure to comply or refusal to testify was not willful.

(2)If the council or committee finds a person in contempt as provided in subsection

(1)of this section, the council or committee may, by application or petition to the district court of Lancaster County, request the court to compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. The application or petition shall be filed by the chairperson of the Executive Board of the Legislative Council, and in the case of the Legislative Oversight Committee or a standing or special legislative investigative or oversight committee, such filing shall be joined by the chairperson of such committee.

(3)If a witness who has been subpoenaed pursuant to section 50-406 , 50-1216 , 50-1810 , 50-1910 , or 50-2018 refuses to testify before the council or a committee on the basis of the privilege against self-incrimination, a court order may be requested pursuant to sections 29-2011.02 and 29-2011.03 . In the case of a proceeding before the Legislative Council, the request shall be filed by the chairperson of the Executive Board of the Legislative Council. In the case of a proceeding before the Legislative Oversight Committee, a standing committee, or a special legislative investigative or oversight committee, the request shall be filed by the chairperson of such committee.