SB255: SB255 General Assembly; authorization of statutory investigatory powers to certain committees of the General Assembly; codify a process

Georgia law already allows certain investigatory powers under a separate code section, but there was no clear, codified process for how House or Senate committees could be authorized to use them. This bill adds a new section, O.C.G.A. § 28-1-17, to Title 28 of the Georgia Code that spells out how a chamber, or both chambers jointly, can grant a committee the power to administer oaths, subpoena witnesses and documents, and take depositions during an investigation. The bill also lets a chamber's rules or resolution authorizing a committee include confidentiality protections for investigation materials, and it sets up a court process for enforcing subpoenas, including contempt proceedings for people who refuse to comply. It specifically preserves any existing authority or privilege the General Assembly already has and does not affect investigations or subpoenas already underway before the law takes effect. The law would take effect as soon as the Governor signs it or it becomes law without his signature.

• Creates a new Georgia Code section (O.C.G.A. § 28-1-17) letting the Senate, House, or a joint committee be formally authorized through rules or resolution to use existing investigatory powers.
• Gives an authorized committee the power to administer oaths, subpoena witnesses and records, and take depositions during an investigation.
• Allows subpoenas issued under this process to be served anywhere in Georgia using the service methods already set out in Georgia's code (O.C.G.A. § 24-13-24).
• Sets up a court enforcement process where a superior court can order a noncompliant witness to show cause and hold them in contempt for refusing a subpoena.
• Allows confidentiality protections for investigation materials when a chamber's authorizing rules or resolution call for it, with court procedures to preserve that confidentiality.
• Preserves all existing authority, immunity, privilege, or power the General Assembly or its committees already have, and protects investigations already underway.

This bill affects members and committees of the Georgia Senate and House of Representatives, witnesses or entities that might be subpoenaed in a legislative investigation, and Georgia's superior courts, which would handle enforcement of subpoenas and contempt proceedings under this process.

If a legislative committee needs to investigate something, this bill gives it a clear, legally defined path to compel testimony and documents and to keep some investigation materials confidential, while giving witnesses a court process to challenge a subpoena before facing contempt penalties.

• Subsection (a) lets a chamber, through rules or resolution, authorize a committee (or a joint committee via joint resolution) to use the investigatory powers in O.C.G.A. § 45-15-19.
• Subsection (b) gives an authorized committee power to administer oaths, subpoena witnesses and records, and take depositions, with subpoenas served under existing service rules (O.C.G.A. § 24-13-24).
• Subsection (c) allows confidentiality protection for investigation materials if the authorizing rules or resolution call for it.
• Subsection (d) creates a superior court process for enforcing subpoenas, including contempt of court for refusal to comply, and special procedures to protect confidentiality of subpoena applications.
• Subsection (e) preserves all existing legislative authority, immunity, privilege, or power and exempts investigations or subpoenas that began before the law's effective date.
• Section 2 makes the law effective immediately upon the Governor's signature or upon becoming law without his signature.

1. 2025-05-14Effective Date 2025-05-14
2. 2025-05-14Act 314
3. 2025-05-14Senate Date Signed by Governor (Senate)
4. 2025-04-10Senate Sent to Governor (Senate)
5. 2025-04-04Senate Agreed House Amend or Sub (Senate)
6. 2025-04-02House Passed/Adopted By Substitute (House)
7. 2025-04-02House Third Readers (House)
8. 2025-03-27House Committee Favorably Reported By Substitute (House)

• Bill Cowsert (R, SD-046)Primary sponsor
• Rob Leverett (R, HD-123)

1. PassedSenate voteMarch 6, 2025

   33 yea, 23 nay

   Passage: Senate Vote #183

2. PassedHouse voteApril 2, 2025

   91 yea, 67 nay (3 not voting, 19 absent)

   Passage: House Vote #402

3. PassedSenate voteApril 4, 2025

   31 yea, 22 nay (0 not voting, 3 absent)

   Agree To House Substitute: Senate Vote #451

• legislative investigations
• subpoena power
• General Assembly rules
• government transparency
• legislative oversight