Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2020 |
referred to energy and telecommunications |
Jun 05, 2019 |
referred to rules |
Senate Bill S6328
2019-2020 Legislative Session
Sponsored By
(D, WF) 21st 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
2019-S6328 (ACTIVE) - Details
- Current Committee:
- Senate Energy And Telecommunications
- Law Section:
- Public Service Law
- Laws Affected:
- Amd §19, Pub Serv L
- Versions Introduced in 2017-2018 Legislative Session:
-
S7955
2019-S6328 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6328 SPONSOR: PARKER TITLE OF BILL: An act to amend the public service law, in relation to the issuance of subpoenas SUMMARY OF PROVISIONS: Section 1 of the bill would amend Public Service Law (PSL) § 19 to expressly authorize the Chairman of the Public Service Commission (Commission), the Counsel or Deputy General Counsel to the Commission, and authorized staff to issue a subpoena or subpoena duces tecum. The bill would also remove 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 Commission's subpoena proc- ess. Section 2 of the bill would make the bill effective immediately and would apply to any proceeding, case or matter pending on such date. JUSTIFICATION:
2019-S6328 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6328 2019-2020 Regular Sessions I N S E N A T E June 5, 2019 ___________ Introduced by Sen. PARKER -- (at request of the Department of Public Service) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 commission, THE CHAIRMAN, THE GENERAL COUNSEL OR DEPUTY GENERAL COUNSEL TO THE COMMIS- SION, THE SOLICITOR TO THE COMMISSION, OR AN OFFICER OR EMPLOYEE OF THE DEPARTMENT SPECIFICALLY AUTHORIZED BY THE COMMISSION OR THE CHAIRMAN TO CONDUCT AN INVESTIGATION OR HEARING shall have THE power to issue subpoenas and subpoena duces tecum. [All subpoenas] ANY SUBPOENA SO ISSUED shall be signed [and issued] by EITHER THE CHAIRMAN, a commis- sioner, [by] THE GENERAL COUNSEL OR DEPUTY GENERAL COUNSEL TO THE COMMISSION, THE SOLICITOR TO THE COMMISSION, an officer or employee of the [commission] DEPARTMENT specially authorized BY THE COMMISSION OR THE CHAIRMAN to conduct an investigation or hearing or by the secretary or assistant secretary [of] TO the commission. The fees of witnesses required to attend before the commission, [or] THE CHAIRMAN, a commis- sioner, 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 subpoenas 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09384-01-9
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