Loading chat...

HI HB801

Bill

Status

Passed

6/14/2011

Primary Sponsor

Calvin Say

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • Clarifies the Department of Taxation's authority to issue subpoenas during civil audits, investigations, and hearings by requiring written approval from the director or deputy director of taxation before issuance.

  • Establishes separate procedures for civil subpoenas (for audits and investigations) and criminal subpoenas, with criminal subpoenas allowing service by law enforcement officials in addition to department investigators.

  • Requires all subpoenas to include a short, plain statement of the recipient's rights and procedures for enforcing or contesting the subpoena, and allows courts to quash or modify subpoenas if compliance would be unreasonable, oppressive, or violate privileges.

  • Mandates the department reimburse financial institutions for costs incurred in searching for, reproducing, or transporting documents at $15 per hour for research and 50 cents per page for reproduction.

  • Provides liability protection for persons or entities compelled to testify or produce documents by subpoena in connection with another person's audit, investigation, or hearing; effective July 1, 2011.

Legislative Description

Department of Taxation; Subpoena Authority

Last Action

(H) Act 101, on 6/9/2011 (Gov. Msg. No. 1204).

6/14/2011

Committee Referrals

Judiciary and Labor3/10/2011
Finance2/18/2011
Economic Revitalization & Business1/24/2011

Full Bill Text

No bill text available