Bill Text: CA AB2727 | 2013-2014 | Regular Session | Chaptered
Bill Title: Courts: witness local agency employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-07-21 - Chaptered by Secretary of State - Chapter 170, Statutes of 2014. [AB2727 Detail]
Download: California-2013-AB2727-Chaptered.html
BILL NUMBER: AB 2727 CHAPTERED
BILL TEXT
CHAPTER 170
FILED WITH SECRETARY OF STATE JULY 21, 2014
APPROVED BY GOVERNOR JULY 21, 2014
PASSED THE SENATE JUNE 30, 2014
PASSED THE ASSEMBLY APRIL 7, 2014
INTRODUCED BY Assembly Member Frazier
FEBRUARY 21, 2014
An act to amend Section 68096.1 of the Government Code, relating
to courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2727, Frazier. Courts: witness local agency employees.
Existing law requires a party who subpoenas an employee of a local
agency to attend a civil action or proceeding as a witness in a
matter regarding an event or transaction that the employee perceived
or investigated, and to which that local agency is not a party, to
reimburse the local agency for the employee's salary or compensation
and other travel expenses, as specified, incurred in complying with
the subpoena. Existing law requires the subpoenaing party to tender
$150 with the subpoena to the local agency for compensation and
traveling expenses of the employee for each day that the employee is
required to be in attendance at the proceeding pursuant to the
subpoena. Existing law provides for adjusting the amount tendered if
actual expenses exceed or are less than the $150 daily amount, as
specified.
This bill would increase the amount to be tendered with the
subpoena from $150 to $275 for each day the employee is required to
be in attendance at the proceeding pursuant to the subpoena.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 68096.1 of the Government Code is amended to
read:
68096.1. (a) Any employee of a local agency who is obliged by a
subpoena to attend a civil action or proceeding as a witness in
litigation in a matter regarding an event or transaction that he or
she perceived or investigated in the course of his or her duties, to
which that local agency is not a party, shall receive the salary or
other compensation to which he or she is normally entitled from that
local agency during the time that he or she prepares for his or her
response and appearance, during the time that he or she travels to
and from the place where the court or other tribunal is located and
while he or she is required to remain at that place pursuant to the
subpoena. He or she shall also receive from that local agency the
actual necessary and reasonable traveling expenses he or she incurred
in complying with the subpoena.
(b) The party at whose request the subpoena is issued shall
reimburse the local agency for the full cost incurred by the local
agency in paying the employee his or her salary or other compensation
and traveling expenses as provided for in this section, for each day
that the employee is required to remain in attendance pursuant to
the subpoena. The amount of two hundred seventy-five dollars ($275),
together with the subpoena, shall be tendered to that local agency
for each day that the employee is required to remain in attendance
pursuant to the subpoena.
(c) If the actual expenses should later prove to be less than the
amount tendered, the excess of the amount tendered shall be refunded.
(d) If the actual expenses should later prove to be more than the
amount tendered, the difference shall be paid to the local agency by
the party at whose request the subpoena was issued.
(e) If a court continues a proceeding on its own motion, no
additional witness fee shall be required prior to the issuance of a
subpoena or the making of any order directing the employee to appear
on the date to which the proceeding is continued.
(f) As used in this section, "local agency" means a city, county,
city and county, special district, redevelopment agency, or any other
political subdivision of the state.
