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.