Title 2, Legislative
8 chapters · 46 sections in this title.
A.S.C.A. § 2.1001 Code of fair procedures—Establishment—Purpose
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A code of fair procedures for legislative investigating committees is established to provide for their operation in a manner which will enable them to execute properly the powers and duties vested in them, including the conduct of hearings in a fair and impartial manner, consiste…
A.S.C.A. § 2.1002 Definitions
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(a) “Investigating committee” means a committee created by law or resolution to inquire, research, or explore any matter on which the Legislature may act. All standing committees and their subcommittees are considered an investigating committee. (b) “Hearing” means any meeting in…
A.S.C.A. § 2.1003 Establishment of investigating committees
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(a) An investigating committee may be established by law or by resolution. It may exercise its powers during sessions of the Legislature, and also in the interim between sessions when so provided by law or by the resolution by which the committee was established or from which it …
A.S.C.A. § 2.1004 Adoption of rules
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Each investigating committee shall adopt rules, not inconsistent with law or any applicable rules of the Legislature, governing its procedures, including the conduct of hearings. History: 1977, PL 15-56; amd 1988, PL 20-78.
A.S.C.A. § 2.1005 Additional staff may be employed
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(a) Each investigating committee may employ for the duration of the investigation professional, technical, clerical, or other personnel as necessary for the proper performance of its duties. Funds shall be made available to it by the house or houses which passed the law or resolu…
A.S.C.A. § 2.1006 Membership-Quorum-Action by majority vote
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(a) An investigating committee shall consist of not less than 5 members. (b) A quorum shall consist of a majority of the total authorized membership of the committee. (c) No action may be taken by a committee at any meeting unless a quorum is present. Unless it is specified in th…
A.S.C.A. § 2.1007 Hearings
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(a) An investigating committee may hold hearings as it considers appropriate for the performance of its duties, at such times and places as the committee determines. (b) The committee shall provide by its rules that its members be given at least 2 days written notice of any heari…
A.S.C.A. § 2.1008 Issuance of subpoenas and filing of suit
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(a) By majority vote of all its members, an investigating committee may issue subpoenas, including subpoenas duces tecum, requiring the appearance of persons, production of relevant records, and the giving of relevant testimony. (c) An investigating committee is authorized to fil…
A.S.C.A. § 2.1009 Notice to witnesses
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(a) Service of a subpoena authorized by this chapter shall be made in the manner provided by law for the service of subpoenas in civil actions at least 7 days prior to the time fixed in the subpoena for appearance or production of records unless a shorter period of time is author…
A.S.C.A. § 2.1010 Conduct of hearings
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(a) All hearings of an investigating committee shall be public unless the committee, by majority vote of all its members, determines that a hearing should not be open to the public in a particular instance. (b) The chairman of an investigating committee, if present and able to ac…
A.S.C.A. § 2.1011 Rights to counsel and submission of questions
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(a) Every witness at a hearing of an investigating committee may be accompanied by counsel of his own choosing. Counsel’s role is limited to advising the witness as to his rights; provided, that limitations may be prescribed by the committee to prevent obstruction of or interfere…
A.S.C.A. § 2.1012 Testimony
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(a) An investigating committee shall cause a record to be made of all proceedings in which testimony or other evidence 15 received or adduced, which record shall include rulings of the chair, questions of the committee and its staff, the testimony or responses of witnesses, sworn…
A.S.C.A. § 2.1013 Appearance of interested persons
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(a) Any person whose name is mentioned or who is otherwise identified during a hearing of an investigating committee and who, in the opinion of the committee, may be adversely affected thereby, may, upon his request or upon the request of any member of the committee, appear perso…
A.S.C.A. § 2.1014 Committee reports
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Every investigating committee shall produce an official report of its investigation. Unless otherwise required by resolution or law, such report shall be approved by a majority of the entire committee and shall be, without further approval of either house of the Legislature, cons…
A.S.C.A. § 2.1015 Limitations of chapter
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Nothing contained in this chapter shall be construed to limit or prohibit the acquisition of evidence or information by an investigating committee by any lawful means not provided for herein. History: 1977, PL 15-56.
A.S.C.A. § 2.1016 Contempt of an investigating committee
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(a) A person shall be in contempt if he: (1) fails or refuses to appear before the committee in compliance with a subpoena or, having appeared, fails or refuses to testify under oath or affirmation; (2) fails or refuses to answer any relevant question or fails or refuses to furni…
A.S.C.A. § 2.1017 Immunity in legislative investigation
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(a) When a witness refuses to testify or provide requested information of any form or description, on the basis of the privilege against self incrimination, before an investigating committee of either or both houses of the Legislature the witness may be compelled to testify or pr…
A.S.C.A. § 2.1018 Violation—Penalty
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(a) A person quilty of contempt under the provisions of this chapter shall be sentenced as for a D felony. (b) If an investigating committee fails in any material respect to comply with the requirements of this chapter, any person subject to a subpoena who is substantially prejud…