ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: GOV DPA 4-3-0-0 | Third Read 32-20-8-0

Senate: GOV DPA 4-2-1-0 | Third Read 17-10-3-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2745: legislative subpoena; perjury; refusal; contempt

Sponsor: Representative Rivero, LD 27

Senate Engrossed

Overview

Establishes an alternate legislative procedure for a witness who refuses to obey a legislative subpoena.

History

If a witness fails to comply with a legislative subpoena or refuses to testify, the Arizona Senate (Senate) or House of Representatives (House) may hold them in contempt through a resolution recorded in the journal. The Sergeant at Arms may arrest a non-compliant witness and bring them before the Legislature, based on a resolution signed by the President of the Senate or Speaker of the House of Representatives and countersigned by the Senate Secretary or Chief Clerk of the House (A.R.S. § 41-1153).

A similar bill was introduced in the 57th Legislature, 2nd Regular Session, and was vetoed  by the Governor (HB 2824 NOW: legislative subpoena; perjury; refusal; contempt)

Provisions

1.   Establishes an alternate procedure for a witness who refuses to obey a legislative subpoena or refuses to testify by an order of contempt by a committee, President of the Senate or Speaker of the House of Representatives if determined that the witness had prior knowledge of the subpoena and the ability to comply, but still refused, after the witness is allowed an opportunity to present evidence in a hearing to demonstrate why they are not in contempt. (Sec. 1)

2.   Stipulates that such witnesses may be committed for contempt by following one of the outlined procedures unless another procedure is provided by the rules of either house of the Legislature. (Sec. 1)

3.   Authorizes the Sergeant at Arms to arrest the witness and compel their appearance before the House or Senate if the following documents are signed by the President of the Senate or Speaker of the House of Representatives and countersigned by the Secretary of the Senate or Chief Clerk of the House of Representatives:

a.   a contempt order signed by the chairman; or

b.   a copy of the resolution. (Sec. 1)

4.   Makes technical and conforming changes. (Sec. 1)

 

Senate Amendments

1.   Adds a county sheriff as an authority that may arrest and compel the appearance of a witness who refuses to obey a legislative subpoena.

2.   Specifies that any committee chairperson can issue an order of contempt in order to commit a witness for contempt.

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5.   ---------- DOCUMENT FOOTER ---------

6.   Initials ML                       HB 2745

7.   4/6/2026    Page 0 Senate Engrossed

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9.   ---------- DOCUMENT FOOTER ---------