HB 1698

This bill authorizes the chair of a legislative committee to require an employee of the executive branch appearing before the committee to offer a material statement under oath or affirmation, subject to penalty of perjury. "Employee of the executive branch"" includes, but is not limited to, a liaison, employee, or agent of the office of the governor, or the executive head or a liaison, employee, or agent of a department or agency of the executive branch of this state . Such a n oath or affirmation may be a dministered by the chair of the respective committee. AFFIDAVIT This bill requires the executive director of the fiscal review committee to require an employee of the executive branch who submits a material statement for the purpose of analyzing the fiscal impact of a proposed bill or resolution, including an amendment to such bill or resolution ("" legislative measure ""), or for the purpose of preparing and distributing a fiscal note, as applicable, to execute an affidavit attesting that the material statement submitted is true and correct, subject to penalty of perjury . WRITTEN NOTICE If the chair of a legislative committee or the executive director of the fiscal review committee has reasonable suspicion supported by facts that an employee of the executive branch has submitted a false material statement, in whole or in part, with the i ntent to deceive while under oath or affirmation, as applicable, then this bill requires the chair or executive director to provide written notice under the following circumstances to these persons:  The speaker of the senate if the material statement was germane to a legislative measure before a committee of the senate .  The speaker of the house of representatives if the material statement was germane to a legislative measure before a committee of the house of representatives .  Both speakers if the material statement was germane to a legislative measure before a joint committee of both houses of the general assembly. PROSECUTION Upon receipt of notice to either speaker, this bill authorizes the respective speaker to refer the allegation of the submission of one or more false material statements to the appropriate district attorney general for prosecution. Upon receipt of notice to both speakers jointly, the speakers may jointly refer such allegation to the appropriate district attorney general for prosecution. Prior to the referral of an allegation, the speaker or speakers, as applicable, may initiate an investigation into the a llegation for the purpose of determining whether sufficient evidence exists to justify such referral for prosecution. PENALTY This bill provides that an employee of the executive branch who is found to have submitted one or more false material statements with the intent to deceive commits the offense of perjury, classified as a Class C misdemeanor . EXEMPTION This bill does not apply to testimony provided or documents submitted pursuant to a legislative subpoena."