Bill Text: CA AB2727 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Courts: witness local agency employees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-21 - Chaptered by Secretary of State - Chapter 170, Statutes of 2014. [AB2727 Detail]

Download: California-2013-AB2727-Introduced.html

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BILL NUMBER: AB 2727	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Frazier

                        FEBRUARY 21, 2014

   An act to amend Section 68096.1 of the Government Code, relating
to courts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2727, as introduced, Frazier. Courts: witness" local agency
employees.
   Existing law requires a party who subpoenas an employee of a local
agency to attend a civil action or proceeding as a witness in a
matter regarding an event or transaction that the employee perceived
or investigated, and to which that local agency is not a party, to
reimburse the local agency for the employee's salary or compensation
and other travel expenses, as specified, incurred in complying with
the subpoena. Existing law requires the subpoenaing party to tender
$150 with the subpoena to the local agency for compensation and
traveling expenses of the employee for each day that the employee is
required to be in attendance at the proceeding pursuant to the
subpoena. Existing law provides for adjusting the amount tendered if
actual expenses exceed or are less than the $150 daily amount, as
specified.
   This bill would increase the amount to be tendered with the
subpoena from $150 to $275 for each day the employee is required to
be in attendance at the proceeding pursuant to the subpoena.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 68096.1 of the Government Code is amended to
read:
   68096.1.  (a) Any employee of a local agency who is obliged by a
subpoena to attend a civil action or proceeding as a witness in
litigation in a matter regarding an event or transaction 
which   that  he or she perceived or investigated
in the course of his or her duties, to which that local agency is not
a party, shall receive the salary or other compensation to which he
or she is normally entitled from that local agency during the time
that he or she prepares for his or her response and appearance,
during the time that he or she travels to and from the place where
the court or other tribunal is located and while he or she is
required to remain at that place pursuant to the subpoena. He or she
shall also receive from that local agency the actual necessary and
reasonable traveling expenses he or she incurred in complying with
the subpoena.
   (b) The party at whose request the subpoena is issued shall
reimburse the local agency for the full cost incurred by the local
agency in paying the employee his or her salary or other compensation
and traveling expenses as provided for in this section, for each day
that the employee is required to remain in attendance pursuant to
the subpoena. The amount of  one hundred fifty dollars ($150)
  two hundred seventy-five dollars (   $275)
 , together with the subpoena, shall be tendered to that local
agency for each day that the employee is required to remain in
attendance pursuant to the subpoena.
   (c) If the actual expenses should later prove to be less than the
amount tendered, the excess of the amount tendered shall be refunded.

   (d) If the actual expenses should later prove to be more than the
amount tendered, the difference shall be paid to the local agency by
the party at whose request the subpoena was issued.
   (e) If a court continues a proceeding on its own motion, no
additional witness fee shall be required prior to the issuance of a
subpoena or the making of any order directing the employee to appear
on the date to which the proceeding is continued.
   (f) As used in this section, "local agency" means a city, county,
city and county, special district, redevelopment agency, or any other
political subdivision of the state.