SB 80 — Modifying witness fee and mileage rate paid by state to match federal court system

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 80 By Senators GradyGrady, Phillips, and PhillipsSmith [Introduced[Originating Januaryin 11,the 2023;Committee on Judiciary;

referredand then to the Committee on Finance, reported on January 25, 2023] CS for SB 80 A BILL to amend and reenact §59-1-16 of the Judiciary;Code of West Virginia, 1931, as amended, relating to modifying the fee and mileage rate paid to witnesses in the State of West Virginia to match the United States Federal Court system.

and then to the Committee on Finance] Intr SB 80 2023R1603 A BILL to amend and reenact §33-2-5 of the Code of West Virginia, 1931, as amended, relating to modifying the witness fee rate paid by the State of West Virginia to match the U.S.

Federal Court system.

ARTICLE 2.1.

INSURANCEFEES COMMISSIONER.AND ALLOWANCES.

§33-2-5.§59-1-16.

WitnessAmount fees.of allowance to witnesses for attendance;

Nohow person shall be excused from attending and testifyingwhen in obedience to a subpoena issued hereunder on the ground of failure of tender or payment of a witness fee or mileage fee unless the witness makes demand for such payment as a condition precedent to the giving of testimony or the production of documents required by the subpoena, and unless such payment is not thereupon made.

NoNotwithstanding insurer,any agent,other broker,provision solicitorof this code to the contrary, a person attending any court or other persontribunal, subjectunder a summons or recognizance as a witness, shall receive not less than ten nor more than twenty dollars, to be fixed by the provisionscourt ofor thisother chaptertribunal, whosea conduct,sum conditionof or$40 practicesfor areeach beingday’s investigated,attendance and nofifteen officer,cents directorper ormile employeefor each mile necessarily traveled to the place of anyattendance, suchand person,the shallsame befor entitledreturning, toplus witnessall ornecessary bridge, ferry and road tolls travel costs based on the state mileage fees.reimbursement rate applicable to state employees who utilize their own vehicles for business travel as established by the State Travel Management Office of the West Virginia Purchasing Division.

InOn thehis event that witness or mileageher feesoath, arean demandedentry andof paid, the amountsum ofhe sameor shallshe beis determinedentitled asto, $10and $40 for eachwhat, day of attendance and 10¢by 57¢what perparty mileit foris each mile necessarily traveled to thebe placepaid, ofshall attendance,be andmade. the same for returning.

TheWhen sumthe toattendance whichis before either house or a witnesscommittee isof entitledthe Legislature, such entry shall be paidmade outby the clerk of such house or the treasurychairman inof anysuch casecommittee, and in whichother cases by the attendanceclerk isof forthe court or other tribunal before which, or by the commissioner.person before whom, the witness attended.

InA allwitness othersummoned cases,or itrecognized shallto beattend paidin byseveral cases may have the personentry atmade whoseagainst instanceany one of the summonsparties by whom he or she is issued.summoned, or for whom he or she is sworn as a witness, but no witness shall be allowed for his or her attendance in more than one case at the same time.

NOTE:But no compensation shall be allowed to a witness before a grand jury.

TheThis purposesection ofshall thisnot billapply is to amendwitnesses thebefore witnessjustices feeof rate in West Virginia to match the currentpeace federalmagistrates. rate.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.