AB 2727, as introduced, 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.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 68096.1 of the Government Code is
2amended to read:
(a) Any employee of a local agency who is obliged
4by a subpoena to attend a civil action or proceeding as a witness
5in litigation in a matter regarding an event or transactionbegin delete whichend delete
6begin insert thatend insert he or she perceived or investigated in the course of his or her
7duties, to which that local agency is not a party, shall receive the
8salary or other compensation to which he or she is normally entitled
9from that local agency during the time that he or she prepares for
10his or her response and appearance, during the time that he or she
11travels to and from the place where the court or other tribunal is
12located and
while he or she is required to remain at that place
13pursuant to the subpoena. He or she shall also receive from that
14local agency the actual necessary and reasonable traveling expenses
15he or she incurred in complying with the subpoena.
16(b) The party at whose request the subpoena is issued shall
17reimburse the local agency for the full cost incurred by the local
18agency in paying the employee his or her salary or other
19compensation and traveling expenses as provided for in this section,
20for each day that the employee is required to remain in attendance
21pursuant to the subpoena. The amount ofbegin delete one hundred fifty dollars begin insert two hundred seventy-five dollars (end insertbegin insert$275)end insert,
together with the
22($150)end delete
23subpoena, shall be tendered to that local agency for each day that
24the employee is required to remain in attendance pursuant to the
25subpoena.
26(c) If the actual expenses should later prove to be less than the
27amount tendered, the excess of the amount tendered shall be
28refunded.
29(d) If the actual expenses should later prove to be more than the
30amount tendered, the difference shall be paid to the local agency
31by the party at whose request the subpoena was issued.
32(e) If a court continues a proceeding on its own motion, no
33additional witness fee shall be required prior to the issuance of a
34subpoena or the making of any order directing the employee to
35appear on the date to which the proceeding is continued.
P3 1(f) As used in this section,
“local agency” means a city, county,
2city and county, special district, redevelopment agency, or any
3other political subdivision of the state.
O
99