ENGROSSED HOUSE
BILL NO. 2944	By:	Jordan of the House

			    and

		Crain of the Senate

An Act relating to fees; amending 28 O.S. 2001, Section 84.1, as amended by Section 2, Chapter 192, O.S.L. 2005 (28 O.S. Supp. 2009, Section 84.1), which relates to the subpoena of certain employees to testify as witnesses; providing for exception; stating legislative intent; providing for scheduling of court appearances of school district employees to minimize class time disruption; providing certain fee to school district under certain circumstance; and providing an effective date. 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     28 O.S. 2001, Section 84.1, as amended by Section 2, Chapter 192, O.S.L. 2005 (28 O.S. Supp. 2009, Section 84.1) is amended to read as follow:
Section 84.1  A.  Any employee of the state or any political subdivision thereof who is subpoenaed as a witness to testify on any matter pertaining to their employment, including any investigation conducted by the employee as a duty of said employment for which he is fully compensated, shall not be entitled to receive the witness fee and reimbursement for mileage provided for in Section 81 of this title, except as provided for in subsection B of this section.  However, if the employee is required by the subpoena to testify in a county other than his county of residence or employment, he shall be entitled to receive reimbursement pursuant to the State Travel Reimbursement Act in accordance with Section 82 of this title.  No such witness shall receive such reimbursement in more than one case covering the same period of time or the same travel.  Each such witness shall be required to make oath that the amounts claimed for reimbursement have not been claimed or received in any other case or from any other source.
B.  It is the intent of the Legislature that court appearances should not adversely affect the education of students enrolled in school districts in this state.  To the extent possible, court appearances of public school district employees should be scheduled to minimize the disruption of class time.  If a school district employee is subpoenaed to appear as a witness in a civil court proceeding, except in a proceeding in which the school district or the state is a party, the school district shall be entitled to a witness fee equal to the amount of the substitute teacher cost, not to exceed One Hundred Dollars ($100.00) per day.
SECTION 2.  This act shall become effective November 1, 2010.
Passed the House of Representatives the 3rd day of March, 2010.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2010.

	
Presiding Officer of the Senate