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Committee amends and approves bill granting Legislative Audit Council subpoena powers, with council approval safeguard
Summary
House Bill 4337 would permit the Legislative Audit Council to issue subpoenas to state agencies, employees and contractors and create penalties for obstruction; the committee agreed to an amendment requiring council approval of subpoenas and voted unanimously to report the bill.
A Senate committee amended and reported favorably House Bill 4337, a measure that would give the Legislative Audit Council (LAC) statutory subpoena authority to compel records and testimony from state agencies, agency employees and contractors and would create penalties for noncompliance.
A presenter described the bill’s core changes: adding a new section to chapter 15 of title 2 to permit issuance of subpoenas, clarifying the council’s access to records (including electronic records), expanding definitions of records and facilities, establishing a process for the provision of records by state agencies and creating a misdemeanor offense and penalties for obstructing an authorized audit. The presenter said the effective date would be on approval by the governor.
Committee members questioned who would sign or authorize subpoenas — the director alone or the LAC as a body. Earl Powell, director of the Legislative Audit Council, testified that in practice the director would seek the council’s approval before issuing a subpoena and that the council could serve as a check. Powell said he was comfortable with language making subpoenas subject to LAC approval and explained the council’s composition and voting members.
A member asked whether an agency would have the right to move to quash an LAC subpoena; Powell said he was not sure and suggested the committee could obtain a legal opinion. Another senator asked the LAC to submit a list of agencies that have previously delayed or refused to provide information to help the committee assess need for the authority.
Following the amendment to require council approval, the committee voted by voice and recorded unanimous support to send the bill to the Senate floor.
What happens next: The bill will proceed to the full Senate; committee staff asked LAC to provide a list of prior agency noncompliance episodes and sought clarification on whether the right to quash should be preserved or specifically constrained.
