NY State Senate Bill 2017-S7955

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 13, 2018	referred to energy and telecommunications

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) - Summary

Relates to the issuance of subpoenas; provides that the chairman and the commission shall have power to issue subpoenas and subpoena duces tecum.

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

subpoena process.

Section 2 of the bill would make the bill effective immediately and
would apply to any proceeding, case or matter pending before the public
service commission on such date.

 
JUSTIFICATION:

A subpoena is a command to appear at a certain and place to give testi-
mony upon a certain matter, and a subpoena duces tecum requires the
production of books, papers and other things. While current law author-
izes issuance of such subpoenas, it can be limited, and somewhat confus-
ing. The bill would acknowledge the difference between the Department of
Public Service (PSL § 3) and the Public Service Commission (PSL § 4),
and would clarify the law to allow subpoenas to be issued by certain
members of both entities.

Finally, the bill would reaffirm the provisions of PSL § 19(1) that the
issuance of subpoenas is subject to CPLR Article 23. CPLR § 2304
provides a mechanism for non-judicial subpoenas to be challenged by
first making a motion to quash, fix conditions or modify the subpoena to
the person issuing it; thereafter, such motion may be made in the appro-
priate Supreme Court. Thus, persons subject to subpoenas will continue
to enjoy a procedural avenue to challenge the subpoena process while the
Commission, through several senior employees, can efficiently obtain
information from entities reluctant to provide information necessary to
ensure the regulation and oversight of life-essential utility services.

 
PRIOR LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act would take effect immediately and would apply_to any proceed-
ing, case or matter pending before the public service commission on such
date.

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

                       [ ] is old law to be omitted.
                                                            LBD14508-01-8

 S. 7955                             2
 
 [specially  authorized  to  conduct  an investigation or hearing] OF THE
 DEPARTMENT AUTHORIZED BY THE CHAIRMAN, shall, without reasonable  cause,
 refuse  to  be  sworn  or  to  be examined or to answer a question or to
 produce  a book or papers, when ordered so to do by 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, or to subscribe and swear to his  deposition
 after  it has been correctly reduced to writing, he shall be guilty of a
 misdemeanor and may be prosecuted therefor in  any  court  of  competent
 criminal  jurisdiction.  PURSUANT  TO SUBDIVISION (B) OF SECTION TWENTY-
 THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW  AND  RULES,  THE  GENERAL
 COUNSEL  OR  DEPUTY  GENERAL  COUNSEL TO THE COMMISSION MAY APPLY IN THE
 NAME OF THE PEOPLE OF THE STATE OF NEW YORK, TO THE SUPREME COURT OF THE
 STATE OF NEW YORK, FOR AN ORDER COMPELLING ATTENDANCE OF A PERSON AND/OR
 PRODUCTION OF BOOKS OR PAPERS, AS REQUIRED BY  THE  SUBPOENA  ISSUED  IN
 ACCORDANCE WITH THIS SECTION.
   §  2.  This  act  shall take effect immediately and shall apply to any
 proceeding, case or matter pending before the public service  commission
 or the department of public service on such date.

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Senate Bill S7955

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2017-S7955 (ACTIVE) - Details

2017-S7955 (ACTIVE) - Summary

2017-S7955 (ACTIVE) - Sponsor Memo

2017-S7955 (ACTIVE) - Bill Text download pdf

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Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2017-S7955 (ACTIVE) - Details

2017-S7955 (ACTIVE) - Summary

2017-S7955 (ACTIVE) - Sponsor Memo

2017-S7955 (ACTIVE) - Bill Text download pdf

Comments