Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 385-H.F.No. 980 
           An act relating to the legislature; authorizing joint 
          legislative commissions to issue subpoenas; amending 
          Minnesota Statutes 1990, section 3.153. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 3.153, is 
amended to read: 
    3.153 [LEGISLATIVE SUBPOENAS.] 
    Subdivision 1.  A joint legislative commission established 
by law and composed exclusively of legislators or a standing or 
interim legislative committee, by a two-thirds vote of its 
members, may request the issuance of subpoenas, including 
subpoenas duces tecum, requiring the appearance of persons, 
production of relevant records, and the giving of relevant 
testimony.  Subpoenas shall be issued by the chief clerk of the 
house or the secretary of the senate upon receipt of the 
request.  A person subpoenaed to attend a meeting of the 
legislature or a hearing of a legislative committee or 
commission shall receive the same fees and expenses provided by 
law for witnesses in district court.  
    Subd. 2.  Service of a subpoena authorized by this section 
shall be made in the manner provided for the service of 
subpoenas in civil actions at least seven days before the date 
fixed in the subpoena for appearance or production of records 
unless a shorter period is authorized by a majority vote of all 
the members of the committee or commission.  
    Subd. 3.  Any person served with a subpoena may choose to 
be accompanied by counsel if a personal appearance is required 
and shall be served with a notice to that effect.  The person 
shall also be served with a copy of the resolution or statute 
establishing the committee or commission and a general statement 
of the subject matter of the commission or committee's 
investigation or inquiry.  
    Subd. 4.  To carry out the authority granted by this 
section, a committee or commission authorized by subdivision 1 
to request the issuance of subpoenas may, by a two-thirds vote 
of its members, request the issuance of an attachment to compel 
the attendance of a witness who, having been duly subpoenaed to 
attend, fails to do so.  The chief clerk of the house or the 
secretary of the senate upon receipt of the request shall apply 
to the district court in Ramsey county for issuance of the 
attachment.  
    Subd. 5.  Any person who without lawful excuse fails to 
respond to a subpoena issued under this section or who, having 
been subpoenaed, willfully refuses to be sworn or affirm or to 
answer any material or proper question before a committee or 
commission is guilty of a misdemeanor. 
    Presented to the governor March 30, 1992 
    Signed by the governor April 2, 1992, 11:54 a.m.