Bill Text: CT SB00366 | 2017 | General Assembly | Comm Sub
Bill Title: An Act Requiring A Party To Reimburse The State Or A Municipality For The Wages Of An Employee Who Is Subpoenaed To Testify In A Legal Proceeding.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2017-06-01 - Matter Pass Retained [SB00366 Detail]
Download: Connecticut-2017-SB00366-Comm_Sub.html
General Assembly |
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January Session, 2017 |
*_____SB00366JUD___040717____* |
AN ACT REQUIRING A PARTY TO REIMBURSE THE STATE OR A MUNICIPALITY FOR THE WAGES OF AN EMPLOYEE WHO IS SUBPOENAED TO TESTIFY IN A LEGAL PROCEEDING.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 52-260 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) The fees of a witness for attendance before any court, the General Assembly or any committee thereof, when summoned by the state, or before any legal authority, shall be fifty cents a day, and for travel to the place of trial, except as provided in section 54-152, shall be the same amount per mile as provided for state employees pursuant to section 5-141c. Whenever a garnishee is required to appear before any court, such garnishee shall receive the same fees as a witness in a civil action and be paid in the same manner. The clerk of the Superior Court, upon request, shall, on the day of attendance, pay the fee of any witness summoned by the state to appear before the court.
(b) When any regular or supernumerary police officer or any regular, volunteer or substitute firefighter of any town, city or borough is summoned to testify in any criminal proceeding pending before the Superior Court or the Department of Consumer Protection and the police officer or firefighter receives no compensation from the town, city or borough by which he is employed for the time so spent by him, the police officer or firefighter shall be allowed and paid one hundred dollars, together with the mileage allowed by law to witnesses in criminal cases, for each day he is required to attend the proceedings.
(c) When any regular or supernumerary police officer or any regular or substitute firefighter is summoned to testify in his capacity as a police officer or firefighter in any court in a civil action and the police officer or firefighter receives no compensation from the municipality by which he is employed for the time he is in attendance at court, there shall be allowed and paid to the police officer or firefighter a witness fee of one hundred dollars, together with the mileage allowed by law to witnesses in criminal cases, for each day he is required to attend court. If the police officer or firefighter testifies in any such proceeding or civil action on a vacation day or compensatory day off, he shall be paid the sum of one hundred dollars, together with the mileage allowed by law, notwithstanding the fact that he is receiving compensation for such day from the town, city or borough by which he is employed.
(d) The amounts paid under subsections (b) and (c) of this section shall be taxed as a part of the costs, and shall be in lieu of all other witness fees payable to such police officer or firefighter.
(e) When any person is confined in a community correctional center upon the allegation of the state's attorney that he will be a material witness in a pending criminal proceeding, he shall receive, in addition to his legal fees as a witness, two dollars for each day that he is so confined.
(f) When any practitioner of the healing arts, as defined in section 20-1, dentist, registered nurse, advanced practice registered nurse or licensed practical nurse, as defined in section 20-87a, psychologist or real estate appraiser gives expert testimony in any action or proceeding, including by means of a deposition, the court shall determine a reasonable fee to be paid to such practitioner of the healing arts, dentist, registered nurse, advanced practice registered nurse, licensed practical nurse, psychologist or real estate appraiser and taxed as part of the costs in lieu of all other witness fees payable to such practitioner of the healing arts, dentist, registered nurse, advanced practice registered nurse, licensed practical nurse, psychologist or real estate appraiser.
(g) When any public accountant licensed under chapter 389 is subpoenaed by any party, other than the state, to testify in his capacity as a public accountant in any action or proceeding, the court shall determine a reasonable fee to be paid to the public accountant and such fee shall be paid by the party issuing such subpoena.
(h) [The] Except as provided in subsection (i) of this section, the fees of any witness summoned by a party other than the state to testify in any action or proceeding shall be paid to the witness by such party on the day of attendance of such witness.
(i) (1) When any state or municipal employee is summoned by a party other than the state to testify in his or her capacity as an employee of the state or a municipality in any civil proceeding pending before the Superior Court or in any administrative proceeding, the party issuing the subpoena shall be responsible for reimbursing the state or municipality, as the case may be, for the total amount of wages paid by the state or municipality to the employee for time spent by the employee attending the proceeding pursuant to the terms of the subpoena. (2) Not later than fourteen days after the date on which the employee testified in such proceeding, the state or municipality shall provide to the party who issued the subpoena a demand for payment that itemizes the wages paid to the employee for time spent attending the proceeding pursuant to the terms of the subpoena. (3) Not later than thirty days after the date of receipt of such demand for payment, the party issuing the subpoena shall remit to the state or municipality the moneys owed as set forth in the demand for payment. The provisions of this subsection shall not apply when a tax assessor, or an employee of the office of the tax assessor, is summoned to testify in a civil or administrative proceeding concerning a municipal property tax assessment appeal.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2017 |
52-260 |
Statement of Legislative Commissioners:
In Section 1(i)(2), "was summoned to testify" was changed to "testified" for clarity.
JUD |
Joint Favorable Subst. |