50-406. Legislature; power of inquiry; Legislative Council; committees; public hearings; oaths; subpoenas; books and records; examination; litigation; appeal.
(1) It is within the inherent power of the Legislature, including the Legislative Council 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) 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, a standing 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.
Source
Annotations
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).
Structure Nebraska Revised Statutes
50-101 - Members; credentials; filing; officers pro tempore.
50-102 - Members; credentials committee; report; when waived.
50-103 - Oaths; members may administer.
50-104 - Speech; legislative privilege.
50-105 - Contempt, defined; punishment.
50-106 - Contempt; imprisonment; maximum sentence.
50-107 - Contempt; maximum fine.
50-108 - Contempt; fines and imprisonment; how effected.
50-109 - Contempt; fines; collection.
50-110 - Contempt; punishment; effect on other proceedings.
50-111 - Legislature; officers; how selected.
50-112 - Officers and employees; salaries; how fixed.
50-113 - Presiding officer; duties.
50-114.01 - Clerk; daily journal; prepare; compile after session.
50-114.02 - Clerk; charges; authorized.
50-114.03 - Clerk; reports; list; distribution; establish requirements for reports.
50-114.04 - Clerk; reports; period retained.
50-114.05 - Clerk of the Legislature Cash Fund; created; use; investment.
50-115 - Assistant clerk; duties.
50-116 - Sergeant at arms; duties; display of state banner.
50-125 - Legislature; special session; how convened; notice.
50-126 - Legislature; convening; failure of Secretary of State or Governor to act; penalty.
50-128 - Legislature; make appropriations.
50-201 - Legislative findings.
50-202 - Members; expenses allowed; when.
50-203 - Expenses; Executive Board of the Legislative Council; powers and duties.
50-302 - Legislative findings and intent.
50-304 - Employment of nonprofit organization.
50-305 - Appropriation intent.
50-401 - Legislative Council; members; functions.
50-401.01 - Legislative Council; executive board; members; selection; powers and duties.
50-402 - Legislative Council; office; duties.
50-405 - Legislative Council; duties; investigations; studies.
50-407 - Legislative Council; committees; subpoenas; enforcement; refusal to testify; procedure.
50-408 - Legislative Council; committees; witnesses; fees.
50-409 - Legislative Council; state and local governments; cooperation.
50-410 - Legislative Council; meetings; quorum.
50-411 - Legislative Council; message from Governor.
50-412 - Legislative Council; library facilities; receipt and use of funds.
50-413 - Legislative Council; minutes of meetings; reports.
50-414 - Legislative Council; recommendations; publication.
50-415 - Legislative Council; members; employees; expenses.
50-416 - Legislative Research; Director of Research.
50-416.01 - Nebraska Retirement Systems Committee; members.
50-419 - Fiscal analyst; powers and duties.
50-419.01 - Legislative Fiscal Analyst; present evaluation of state operations; when.
50-419.02 - Legislative Fiscal Analyst; revenue volatility report; contents.
50-419.03 - Long-term fiscal trends; legislative findings and declarations.
50-421 - Office of Legislative Audit; Legislative Auditor.
50-423 - Transferred to section 81-126.
50-426 - Statewide vision for education; legislative findings.
50-427 - Statewide vision for education; Education Committee of the Legislature; duties; report.
50-428 - Education Committee of the Legislature; study postsecondary education affordability.
50-434 - Committee on Justice Reinvestment Oversight; created; members; duties; report.
50-435 - Nebraska Economic Development Task Force; created; members; meetings; report.
50-437 - Nebraska Legislative Shared Information System Cash Fund; created; investment.
50-438 - Legislative Council Retirement Study Fund; created; use; transfers; investment.
50-445 - State-Tribal Relations Committee; members.
50-446 - Corporate farming and ranching court rulings; legislative findings.
50-448 - Attorney General; duties; powers.
50-449 - Youth Rehabilitation and Treatment Center-Geneva; legislative findings.
50-601 - Whiteclay Public Health Emergency Task Force; created; members.
50-602 - Whiteclay Public Health Emergency Task Force; duties.
50-603 - Whiteclay Public Health Emergency Task Force; report; contents.
50-801 - Water resources; legislative findings and declarations.
50-1101 - Transferred to section 50-1153.
50-1152 - Transferred to section 50-1154.
50-1154 - Legislative districts; change; when operative.
50-1202 - Legislative findings and declarations; purpose of act.
50-1205.01 - Performance audits; standards.
50-1206 - Performance audits; tax incentive performance audit; how initiated; procedure.
50-1207 - Performance audits; criteria.
50-1208 - Performance audit; committee; duties; office; duties.
50-1209 - Tax incentive performance audits; schedule; contents.
50-1210 - Report of findings and recommendations; distribution; confidentiality; agency response.
50-1211 - Committee; review materials; reports; public hearing; procedure.
50-1212 - Written implementation plan; duties.
50-1215 - Violations; penalty.
50-1301 - Legislative findings.
50-1302 - Government, Military and Veterans Affairs Committee; report.
50-1303 - Government, Military and Veterans Affairs Committee; conduct evaluation.
50-1304 - Duty to furnish information; report and evaluation assistance.
50-1401 - Legislative findings and declarations.
50-1402 - Legislature's Planning Committee; established; members; staff.
50-1403 - Legislature's Planning Committee; duties.
50-1404 - Legislature's Planning Committee; powers.
50-1503 - Applicability of act.
50-1504 - Election contest; qualifications challenge.
50-1505 - Unsuccessful candidate; rights.
50-1506 - Election contest; qualifications challenge; when considered; provisions applicable.
50-1509 - Computation of time.
50-1510 - Filings; service upon parties.
50-1511 - Petition; personal service; contents.
50-1512 - Petition; amendment; personal service.
50-1514 - Respondent member; file response.
50-1515 - Attorney's fees and costs.
50-1516 - Election contest; grounds.
50-1517 - Examination of ballots; procedure; certification.
50-1518 - Writ; service; notice.
50-1519 - Rules and procedures; examination of ballots; certificate; prima facie evidence.