NY State Senate Bill 2019-S6328

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
Jan 08, 2020	referred to energy and telecommunications
Jun 05, 2019	referred to rules

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) - Summary

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

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:

Under current law the Commission is authorized to issue subpoenas for
witnesses or the production of records. However, PSL § 19 does not
currently distinguish between the Department of Public Service (Depart-
ment) and the Commission, which results in confusion. The bill would
clarify PSL § 19 to expressly allow subpoenas to be issued by certain
members of both entities. The bill would also reaffirm that the issuance
of subpoenas by the Commission or the Department is subject to CPLR
Article 23. CPLR § 2304 provides a mechanism to challenge non-judicial
subpoenas, such as those issued pursuant to PSL § 19. The bill would
thus clarify due process available to persons subject to subpoenas
issued by the Commission.

 
PRIOR LEGISLATIVE HISTORY:

In 2018, this bill, in substantially similar form, was introduced by the
Senate (S.7955) and referred to the Senate Energy & Telecommunications
Committee.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act would take effect immediately and would apply to any proceed-
ing, case or matter pending on such date.

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

 S. 6328                             2
 
 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 commission [or], THE
 CHAIRMAN, a commissioner, or an officer or employee specially authorized
 to conduct an investigation or hearing, fails to  obey  the  command  of
 such  subpoena,  without  reasonable cause, or if a person in attendance
 before the commission [or], THE CHAIRMAN, A commissioner, or an  officer
 or employee specially authorized to conduct an investigation or hearing,
 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 commission, [or] THE CHAIRMAN, a commissioner, or  an  officer
 or employee specially authorized to conduct an investigation or hearing,
 or  to subscribe and swear to his deposition after it has been correctly
 reduced to writing, he OR SHE shall be guilty of a misdemeanor  and  may
 be  prosecuted therefor in any court of competent criminal jurisdiction.
 PURSUANT TO SUBDIVISION (B) OF SECTION TWO THOUSAND THREE HUNDRED  EIGHT
 OF  THE  CIVIL  PRACTICE LAW AND RULES, THE GENERAL COUNSEL 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 S6328

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

Actions

2019-S6328 (ACTIVE) - Details

2019-S6328 (ACTIVE) - Summary

2019-S6328 (ACTIVE) - Sponsor Memo

2019-S6328 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kevin S. Parker

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

Actions

2019-S6328 (ACTIVE) - Details

2019-S6328 (ACTIVE) - Summary

2019-S6328 (ACTIVE) - Sponsor Memo

2019-S6328 (ACTIVE) - Bill Text download pdf

Comments