Bill Text: NY S07955 | 2017-2018 | 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 (Republican 1-0)

Status: (Introduced - Dead) 2018-03-13 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S07955 Detail]

Download: New_York-2017-S07955-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7955
                    IN SENATE
                                     March 13, 2018
                                       ___________
        Introduced  by  Sen.  GRIFFO  -- (at request of the Department of Public
          Service) -- read twice and ordered printed, and  when  printed  to  be
          committed to the Committee on Energy and Telecommunications
        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 chairman and the
     5  commission shall have power to issue subpoenas and subpoena duces tecum.
     6  All subpoenas shall be signed and  issued  by  the  chairman,  or  by  a
     7  commissioner, or by the general counsel or deputy general counsel to the
     8  commission,  or  by the chief administrative law judge, or by an officer
     9  or employee of the [commission specially authorized to conduct an inves-
    10  tigation or hearing] department authorized by the chairman,  or  by  the
    11  secretary  or  assistant  secretary  of  the  commission.  The  fees  of
    12  witnesses required to attend before the chairman, or the commission,  or
    13  a  commissioner,  or  an  officer  or  employee [specially authorized to
    14  conduct an investigation or hearing], shall be the same as in  the  case
    15  of a subpoena issued out of a court of record, and paid when the witness
    16  is excused from further attendance. Except as is herein provided subpoe-
    17  nas  shall be regulated by the civil practice law and rules.  Whenever a
    18  subpoena is issued at the instance  of  a  complainant,  respondent,  or
    19  other party to any proceeding before the commission, the cost of service
    20  thereof  and the fee of the witness shall be borne by the party at whose
    21  instance the witness is summoned.
    22    2. If a person subpoenaed  to  attend  before  the  chairman,  or  the
    23  commission  or  a  commissioner,  or  an  officer or employee [specially
    24  authorized to conduct an investigation or  hearing]  of  the  department
    25  authorized  by the chairman, fails to obey the command of such subpoena,
    26  without reasonable cause, or if a person in attendance before the chair-
    27  man, or the commission  or  commissioner,  or  an  officer  or  employee
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14508-01-8
        S. 7955                             2
     1  [specially  authorized  to  conduct  an investigation or hearing] of the
     2  department authorized by the chairman, shall, without reasonable  cause,
     3  refuse  to  be  sworn  or  to  be examined or to answer a question or to
     4  produce  a book or papers, when ordered so to do by the chairman, or the
     5  commission, or a commissioner, or  an  officer  or  employee  [specially
     6  authorized  to  conduct  an  investigation or hearing] of the department
     7  authorized by the chairman, or to subscribe and swear to his  deposition
     8  after  it has been correctly reduced to writing, he shall be guilty of a
     9  misdemeanor and may be prosecuted therefor in  any  court  of  competent
    10  criminal  jurisdiction.  Pursuant  to subdivision (b) of section twenty-
    11  three hundred eight of the civil practice law  and  rules,  the  general
    12  counsel  or  deputy  general  counsel to the commission may apply in the
    13  name of the people of the state of New York, to the supreme court of the
    14  state of New York, for an order compelling attendance of a person and/or
    15  production of books or papers, as required by  the  subpoena  issued  in
    16  accordance with this section.
    17    §  2.  This  act  shall take effect immediately and shall apply to any
    18  proceeding, case or matter pending before the public service  commission
    19  or the department of public service on such date.