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.