SB 366 — AN ACT REQUIRING A PARTY TO REIMBURSE THE STATE OR A MUNICIPALITY FOR THE WAGES OF AN EMPLOYEE WHO IS SUBPOENAED TO TESTIFY IN A LEGAL PROCEEDING.
Last action — MATTER PASS RETAINED
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2017 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
7 added · 13 removedPlain-language change summary
The changes in the bill clarify the process for reimbursing state or municipal employees who testify in civil or administrative proceedings. It specifies that the party issuing the subpoena is responsible for covering the wages paid to the employee for the time spent testifying. Additionally, the language was refined to improve clarity, changing "was summoned to testify" to "testified." The bill also exempts tax assessors and their employees from this reimbursement requirement in cases related to property tax assessment appeals.
General Assembly CommitteeSubstitute Bill No.
366 January Session, 2017 LCO*_____SB00366JUD___040717____* No.AN ACT REQUIRING A PARTY TO REIMBURSE THE STATE OR A MUNICIPALITY FOR THE WAGES OF AN EMPLOYEE WHO IS SUBPOENAED TO TESTIFY IN A LEGAL PROCEEDING.
4509 *04509SB00366JUD* Referred to Committee on JUDICIARY Introduced by:
(JUD) AN ACT REQUIRING A PARTY TO REIMBURSE THE STATE OR A MUNICIPALITY FOR THE WAGES OF AN EMPLOYEE WHO IS SUBPOENAED TO TESTIFY IN A LEGAL PROCEEDING.
(i) (1) When any state or municipal employee is summoned by a party other than the state to testify in his or her capacity as an employee of the state or a municipality,municipality in any civil or criminal proceeding pending before the Superior Court or in any administrative proceeding, the party issuing the subpoena shall be responsible for reimbursing the state or municipality, as the case may be, for the total amount of wages paid by the state or municipality to the employee for time spent by the employee attending the proceeding pursuant to the terms of the subpoena.
(2) Not later than fourteen days after the date on which the employee wastestified summoned to testify in such proceeding, the state or a municipality shall provide to the party who issued the subpoena a demand for payment that itemizes the wages paid to the employee for time spent by the employee attending the proceeding pursuant to the terms of the subpoena.
The provisions of this subsection shall not apply when a tax assessor, or an employee of the office of the tax assessor, is summoned to testify in a civil or administrative proceeding concerning a municipal property tax assessment appeal.
Section 1 October 1, 2017 52-260 Statement of Purpose:Legislative Commissioners:
ToIn requireSection a1(i)(2), party"was whosummoned issues a subpoena to atestify" statewas orchanged municipal employee to reimburse"testified" the state or municipality for theclarity. employee's time spent complying with the terms of the subpoena.
[ProposedJUD deletionsJoint areFavorable enclosedSubst. in brackets.
Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] Co-Sponsors:
SEN.
FASANO, 34th Dist.
S.B.
366
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Action History
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MATTER PASS RETAINED
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DESIGNATED ONLY SEN. AMEND. SCH. C
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SEN. ADOPTED SEN. AMEND. SCH. B
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MATTER PASS RETAINED
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SEN. REJ. SEN. AMEND. SCH. A
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FILE NO. 696
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SENATE CALENDAR NUMBER 383
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FAV. RPT., TAB. FOR CAL., SEN.
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/24/17
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FILED WITH LCO
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Joint Favorable Substitute
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PUBLIC HEARING 0306
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REF. TO JOINT COMM. ON Judiciary
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DRAFTED BY COMMITTEE
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Vote to Draft
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REF. TO JOINT COMM. ON Judiciary
Sponsors
- Leonard A.' b'Fasano · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 186 not signed on · 9 voted No
Sponsors (1)
- b'Fasano, Leonard A.'
Co-sponsors (0)
None.
Not signed on (186)
186 members have not signed on to this bill.
Show all 186 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 0 | 8 | 0 | 0 |
| Unaffiliated | 13 | 9 | 0 | 0 |
| Republican | 5 | 1 | 0 | 0 |
| Total | 18 | 18 | 0 | 0 |
| % of votes cast | 50% | 50% | 0% | 0% |
How each member voted (36)
| Member | Party | Vote |
|---|---|---|
| PAUL M. FORMICA | — | Yea |
| TIM LARSON | — | Nay |
| KEVIN KELLY | — | Yea |
| STEVE CASSANO | — | Nay |
| MARILYN MOORE | — | Nay |
| BETH BYE | — | Nay |
| EDWIN A. GOMES | — | Nay |
| TERRY B. GERRATANA | — | Nay |
| MICHAEL A. MCLACHLAN | — | Yea |
| KEVIN D. WITKOS | — | Yea |
| TONI BOUCHER | — | Yea |
| PAUL DOYLE | — | Nay |
| CARLO LEONE | — | Nay |
| CRAIG MINER | — | Yea |
| LEN SUZIO | — | Yea |
| GAYLE SLOSSBERG | — | Nay |
| ART LINARES | — | Yea |
| JOE MARKLEY | — | Yea |
| LEONARD FASANO | — | Yea |
| GEORGE LOGAN | — | Yea |
| ANTHONY GUGLIELMO | — | Yea |
| L. SCOTT FRANTZ | — | Yea |
| Bob Duff | Democratic | Nay |
| Catherine A. Osten | Democratic | Nay |
| Douglas McCrory | Democratic | Nay |
| Gary A. Winfield | Democratic | Nay |
| Joan V. Hartley | Democratic | Nay |
| John W. Fonfara | Democratic | Nay |
| Mae Flexer | Democratic | Nay |
| Martin M. Looney | Democratic | Nay |
| Eric C. Berthel | Republican | Yea |
| Heather S. Somers | Republican | Yea |
| Henri Martin | Republican | Yea |
| John A. Kissel | Republican | Yea |
| Kathy Kennedy | Republican | Nay |
| Tony Hwang | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 366?
- SB 366 is sponsored by b'Fasano, Leonard A.'.
- What is the current status of SB 366?
- This bill died with 2017 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 366?
- Track SB 366 free on One Click Politics — get push/email alerts when it moves.
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