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Session Laws, 1984
Volume 759, Page 1019   View pdf image
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HARRY HUGHES, Governor

1019

(A)  AUTHORIZED.

IN CARRYING OUT ANY OF ITS FUNCTIONS OR POWERS, THE
COMMITTEE MAY:

(1)  ISSUE SUBPOENAS;

(2)  COMPEL THE ATTENDANCE OF WITNESSES;

(3)  'COMPEL THE PRODUCTION OF ANY PAPERS, BOOKS,
ACCOUNTS, DOCUMENTS, AND TESTIMONY;

(4)  ADMINISTER OATHS; AND

(5)  CAUSE THE DEPOSITIONS OF WITNESSES, WHO RESIDE IN
OR OUTSIDE OF THE STATE, TO BE TAKEN IN THE MANNER PROVIDED BY
LAW FOR TAKING DEPOSITIONS IN A CIVIL CASE.

(B)  ENFORCEMENT.

IF A PERSON FAILS TO COMPLY WITH A SUBPOENA ISSUED UNDER
THIS SECTION OR FAILS TO TESTIFY ON ANY MATTER ON WHICH THE
PERSON LAWFULLY MAY BE INTERROGATED, ON PETITION OF A MEMBER OF
THE COMMITTEE, A CIRCUIT COURT MAY PASS AN ORDER DIRECTING
COMPLIANCE WITH THE SUBPOENA OR COMPELLING TESTIMONY AND MAY
ENFORCE THE ORDER BY PROCEEDINGS FOR CONTEMPT.

REVISOR'S NOTE: This section is new language substituted
for the third sentence of former Art. 40, § 93.

The former sentence conferred on the Joint Committee
on the Management of Public Funds the "powers of the
Legislative Policy Committee as provided in" former
Art. 40, § 30. The substituted language incorporates
the substance of the first and second sentences of
former Art. 40, § 30 and is revised to clarify that
the requirement for prior approval from the
Legislative Policy Committee for the exercise of these
powers does not apply to the Joint Committee on the
Management of Public Funds, but that the Joint
Committee may not authorize a standing committee to
exercise these powers. Since the third sentence of
former Art. 40, § 30, which made false swearing before
the Legislative Policy Committee or a standing
committee perjury, is not a power, the substance of
that former sentence is not incorporated in this
section.

In subsection (a)(5) of this section, the former
reference to a "rule of procedure" is deleted as
unnecessary in light of the broad reference to "law".
See the Maryland Uniform Foreign Depositions Act and
also Ch. 400 of the Md. Rules.

 

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Session Laws, 1984
Volume 759, Page 1019   View pdf image
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