Nebraska § 50-406.01 - Subpoena; renewal; procedure; rules; legislative authority; referencing; not justiciable.

§ 50-406.01. Subpoena; renewal; procedure; rules; legislative authority; referencing; not justiciable.

(1)(a) If a member of the Legislature, the Public Counsel, the Inspector General of Nebraska Child Welfare, the Inspector General of the Nebraska Correctional System, or the Legislative Auditor presents a newly constituted Legislature with a subpoena issued pursuant to section 50-406, 50-1216, 50-1810, 50-1910, or 50-2018 during a previous legislative biennium and such subpoena is still pending:

(i) The Executive Board of the Legislative Council shall vote to determine whether to renew the subpoena; and

(ii) If the subpoena was issued by the Legislative Oversight Committee or a standing committee, such committee shall also vote to determine whether to renew the subpoena.

(b) The vote or votes required in subdivision (1)(a) of this section shall be taken no later than ten days after the day the regular session of the Legislature commences as provided in Article III, section 10, of the Constitution of Nebraska.

(c) If a majority of the members of the Executive Board of the Legislative Council and, if applicable, of the committee, are in favor of renewing the subpoena, the subpoena is renewed and relates back to its previous issuance and such subpoena shall be considered to have been in full force and effect for such entire period.

(2) The Legislature has the constitutional authority to determine the rules of its proceedings. The question of the referencing of an investigation or inquiry is not justiciable and cannot be challenged or invalidated in a judicial proceeding.