Bill Text: NY S06328 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S06328 Detail]

Download: New_York-2019-S06328-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6328

                               2019-2020 Regular Sessions

                    IN SENATE

                                      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:

     1    Section 1. Section 19 of the public service law, as amended by chapter
     2  310  of  the laws of 1962 and subdivision 1 as amended by chapter 131 of
     3  the laws of 1963, is amended to read as follows:
     4    § 19. Attendance of witnesses and their fees.  1. The commission,  the
     5  chairman,  the  general counsel or deputy general counsel to the commis-
     6  sion, the solicitor to the commission, or an officer or employee of  the
     7  department  specifically authorized by the commission or the chairman to
     8  conduct an investigation or  hearing  shall  have  the  power  to  issue
     9  subpoenas  and  subpoena  duces  tecum.  [All subpoenas] Any subpoena so
    10  issued shall be signed [and issued] by either the  chairman,  a  commis-
    11  sioner,  [by]  the  general  counsel  or  deputy  general counsel to the
    12  commission, the solicitor to the commission, an officer or  employee  of
    13  the  [commission]  department  specially authorized by the commission or
    14  the chairman to conduct an investigation or hearing or by the  secretary
    15  or  assistant  secretary  [of]  to the commission. The fees of witnesses
    16  required to attend before the commission, [or] the chairman,  a  commis-
    17  sioner,  or  an  officer  or employee specially authorized to conduct an
    18  investigation or hearing, shall be the same as in the case of a subpoena
    19  issued out of a court of record, and paid when the  witness  is  excused
    20  from further attendance. Except as is herein provided subpoenas shall be
    21  regulated  by  the civil practice law and rules.  Whenever a subpoena is
    22  issued at the instance of a complainant, respondent, or other  party  to
    23  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

     1  the fee of the witness shall be borne by the party at whose instance the
     2  witness is summoned.
     3    2.  If  a  person subpoenaed to attend before the commission [or], the
     4  chairman, a commissioner, or an officer or employee specially authorized
     5  to conduct an investigation or hearing, fails to  obey  the  command  of
     6  such  subpoena,  without  reasonable cause, or if a person in attendance
     7  before the commission [or], the chairman, a commissioner, or an  officer
     8  or employee specially authorized to conduct an investigation or hearing,
     9  shall, without reasonable cause, refuse to be sworn or to be examined or
    10  to  answer a question or to produce a book or papers, when ordered so to
    11  do by the commission, [or] the chairman, a commissioner, or  an  officer
    12  or employee specially authorized to conduct an investigation or hearing,
    13  or  to subscribe and swear to his deposition after it has been correctly
    14  reduced to writing, he or she shall be guilty of a misdemeanor  and  may
    15  be  prosecuted therefor in any court of competent criminal jurisdiction.
    16  Pursuant to subdivision (b) of section two thousand three hundred  eight
    17  of  the  civil  practice law and rules, the general counsel may apply in
    18  the name of the people of the state of New York, to the supreme court of
    19  the state of New York, for an order compelling attendance  of  a  person
    20  and/or production of books or papers, as required by the subpoena issued
    21  in accordance with this section.
    22    §  2.  This  act  shall take effect immediately and shall apply to any
    23  proceeding, case or matter pending before the public service  commission
    24  or the department of public service on such date.