What's happening
The bill expands and clarifies who within the Public Service Commission can issue subpoenas and seek court enforcement.
Why it matters
Empowers more officials. By explicitly allowing the chairman, general counsel, deputy general counsel, solicitor, and specially authorized staff to issue subpoenas, the bill increases the number of Public Service Commission (PSC) personnel who can compel witnesses or documents, potentially speeding up investigations and hearings.
Strengthens enforcement tools. The new language authorizes the general counsel to apply directly to the Supreme Court of New York to enforce subpoenas, making it easier and more efficient for the PSC to compel compliance if someone refuses to cooperate.
Clarifies legal process and authority. By updating and specifying who can issue and enforce subpoenas, the bill reduces ambiguity and potential disputes over procedural authority, thus supporting more streamlined regulatory or investigative actions.
Immediate applicability. The changes apply not only to future cases but also to any ongoing proceedings, which means the PSC can immediately utilize these expanded powers in current investigations or regulatory matters, possibly affecting active cases.
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Who cares
Headline styles
Expand Subpoena Authority
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to energy and telecommunications
- Referred to rules
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6328
2019-2020 Regular Sessions
IN SENATE
June 5, 2019
Introduced by Sen. PARKER -- (at request of the Department of Public Service) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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 Assembly, do enact as follows:
Section 1. Section 19 of the public service law, as amended by chapter 310 of the laws of 1962 and subdivision 1 as amended by chapter 131 of the laws of 1963, is amended to read as follows:
§ 19. Attendance of witnesses and their fees. 1. The commission, the chairman, the general counsel or deputy general counsel to the commission, the solicitor to the commission, or an officer or employee of the department specifically authorized by the commission or the chairman to conduct an investigation or hearing shall have the power to issue subpoenas and subpoena duces tecum. [All subpoenas] Any subpoena so issued shall be signed [and issued] by either the chairman, a commissioner, [by] the general counsel or deputy general counsel to the commission, the solicitor to the commission, an officer or employee of the [commission] department specially authorized by the commission or the chairman to conduct an investigation or hearing or by the secretary or assistant secretary [of] to the commission. The fees of witnesses required to attend before the commission, [or] the chairman, a commissioner, or an officer or employee specially authorized to conduct an investigation or hearing, shall be the same as in the case of a subpoena issued out of a court of record, and paid when the witness is excused from further attendance. Except as is herein provided subpoenas shall be regulated by the civil practice law and rules. Whenever a subpoena is issued at the instance of a complainant, respondent, or other party to any proceeding before the commission, the cost of service thereof and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09384-01-9
S. 6328 2
the fee of the witness shall be borne by the party at whose instance the witness is summoned.
2. If a person subpoenaed to attend before the commission [or], the chairman, a commissioner, or an officer or employee specially authorized to conduct an investigation or hearing, fails to obey the command of such subpoena, without reasonable cause, or if a person in attendance before the commission [or], the chairman, a commissioner, or an officer or employee specially authorized to conduct an investigation or hearing, shall, without reasonable cause, refuse to be sworn or to be examined or to answer a question or to produce a book or papers, when ordered so to do by the commission, [or] the chairman, a commissioner, or an officer or employee specially authorized to conduct an investigation or hearing, or to subscribe and swear to his deposition after it has been correctly reduced to writing, he or she shall be guilty of a misdemeanor and may be prosecuted therefor in any court of competent criminal jurisdiction. Pursuant to subdivision (b) of section two thousand three hundred eight of the civil practice law and rules, the general counsel may apply in the name of the people of the state of New York, to the supreme court of the state of New York, for an order compelling attendance of a person and/or production of books or papers, as required by the subpoena issued in accordance with this section.
§ 2. This act shall take effect immediately and shall apply to any proceeding, case or matter pending before the public service commission or the department of public service on such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public service law, in relation to the issuance of subpoenas
Summary of provisions
Section 1 of the bill would amend Public Service Law (PSL) § 19 to expressly authorize the Chairman of the Public Service Commission (Commission), the Counsel or Deputy General Counsel to the Commission, and authorized staff to issue a subpoena or subpoena duces tecum. The bill would also remove a requirement that such authority be coupled with an ongoing proceeding and clarify that the provisions of Civil Practice Law and Rules (CPLR) Article 23 apply to the Commission's subpoena proc- ess.
Section 2 of the bill would make the bill effective immediately and would apply to any proceeding, case or matter pending on such date.
Justification
Under current law the Commission is authorized to issue subpoenas for witnesses or the production of records. However, PSL § 19 does not currently distinguish between the Department of Public Service (Depart- ment) and the Commission, which results in confusion. The bill would clarify PSL § 19 to expressly allow subpoenas to be issued by certain members of both entities. The bill would also reaffirm that the issuance of subpoenas by the Commission or the Department is subject to CPLR Article 23. CPLR § 2304 provides a mechanism to challenge non-judicial subpoenas, such as those issued pursuant to PSL § 19. The bill would thus clarify due process available to persons subject to subpoenas issued by the Commission.
Prior legislative history
In 2018, this bill, in substantially similar form, was introduced by the Senate (S.7955) and referred to the Senate Energy & Telecommunications Committee.
Fiscal implications
None.
Effective date
This act would take effect immediately and would apply to any proceed- ing, case or matter pending on such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.