Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 13, 2018 |
referred to energy and telecommunications |
Senate Bill S7955
2017-2018 Legislative Session
Sponsored By
(R, C) 53rd Senate District
Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2017-S7955 (ACTIVE) - Details
- Current Committee:
- Senate Energy And Telecommunications
- Law Section:
- Public Service Law
- Laws Affected:
- Amd §19, Pub Serv L
- Versions Introduced in 2019-2020 Legislative Session:
-
S6328
2017-S7955 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7955 SPONSOR: GRIFFO TITLE OF BILL: An act to amend the public service law, in relation to the issuance of subpoenas PURPOSE OF THE BILL: To clarify the issuance of a subpoena and/or subpoena duces tecum for the production of witnesses or records. SUMMARY OF PROVISIONS: Section 1 of the bill would amend Public Service Law (PSL) § I9 to expressly authorize the Chairman of the Public Service Commission, the Counsel or Deputy General Counsel to the Commission, or the Chief Admin- istrative Law Judge to issue a subpoena or subpoena duces tecum. The bill would also: provide for issuance of subpoenas by offers or employ- ees authorized by the Chairman; delete a requirement that such authority be coupled with an ongoing proceeding; and, clarify that the provisions of Civil Practice Law and Rules (CPLR) Article 23 apply to the § 19
2017-S7955 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7955 I N S E N A T E March 13, 2018 ___________ Introduced by Sen. GRIFFO -- (at request of the Department of Public Service) -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications AN ACT to amend the public service law, in relation to the issuance of subpoenas THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 19 of the public service law, as amended by chapter 310 of the laws of 1962 and subdivision 1 as amended by chapter 131 of the laws of 1963, is amended to read as follows: § 19. Attendance of witnesses and their fees. 1. The CHAIRMAN AND THE commission shall have power to issue subpoenas and subpoena duces tecum. All subpoenas shall be signed and issued by THE CHAIRMAN, OR BY a commissioner, OR BY THE GENERAL COUNSEL OR DEPUTY GENERAL COUNSEL TO THE COMMISSION, OR BY THE CHIEF ADMINISTRATIVE LAW JUDGE, OR by an officer or employee of the [commission specially authorized to conduct an inves- tigation or hearing] DEPARTMENT AUTHORIZED BY THE CHAIRMAN, or by the secretary or assistant secretary of the commission. The fees of witnesses required to attend before the CHAIRMAN, OR THE commission, or a commissioner, or an officer or employee [specially authorized to conduct an investigation or hearing], shall be the same as in the case of a subpoena issued out of a court of record, and paid when the witness is excused from further attendance. Except as is herein provided subpoe- nas shall be regulated by the civil practice law and rules. Whenever a subpoena is issued at the instance of a complainant, respondent, or other party to any proceeding before the commission, the cost of service thereof and the fee of the witness shall be borne by the party at whose instance the witness is summoned. 2. If a person subpoenaed to attend before THE CHAIRMAN, OR the commission or a commissioner, or an officer or employee [specially authorized to conduct an investigation or hearing] OF THE DEPARTMENT AUTHORIZED BY THE CHAIRMAN, fails to obey the command of such subpoena, without reasonable cause, or if a person in attendance before THE CHAIR- MAN, OR the commission or commissioner, or an officer or employee EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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