COMMITTEE ON JUDICIARY HB 721 OTHER COW1. REFERENCE: Appropriations ---------------------------------- SPONSOR (S) Reps. Crawford and Silver PREPARED BY: Rick Jones SUBJECT: Disinterested Witnesses STAFF DIRECTOR Richard Hixson I. Summary A. Present Situation Currently a disinterested witness bears the cost of pro- ducing documents in compliance with a summons. Florida Statutes, § 92.142 provides for the payment of $5 per day and 6 cents per mile for witnesses, but there is no statute authorizing reimbursement for costs of assembling documents. 12 U.S.C. § 3415 authorizes the Board of Governors of the Federal Reserve System to establish by regulation the rates and conditions under which a federal government authority shall pay a financial institution for providing financial records pertaining to a customer. Effective 10/1/79 12 C.F.R. § 219 was promulgated. This regulation provides for reimbursement to the financial institution, of reasonably necessary costs directly incurred in complying with a federal government authority request as follows: rru (a) Search and processing costs - $10 per hour pl..\!] \QJ Lr' person. reproduced by FlORIDA STATE ARCI'IiVES (b) Reproduction costs - 15 cents for each page. R. A. GRAY SUill" '.10 1 ( C ) Tallahassee, FL Transportation costs incurred. SerIes ...J-/. __ CartOIl , Numer.ous exceptions to reimbursement are provided, including requests from government loan programs, Internal Revenue summons and admini- strative agency subpoenas. An itemized bill must be submitted by the financial institution before payment will be made. B. Probable Effect of Proposed Change HB 721 provides for the reimbursement of any costs a disinterested witnes& reasonably incurs in producing, searching for, reproducing or transporting documents pursuant to a summons. This will primarily effect banks, savings and loan associations and credit unions. In proceedings a court, an administrative agency, or the to a public trial or hearing is provlded, payment to a dlslnterested witness shall be fixed and enforced by such court, agency or officer. In all other proceedings payment to the disinterested witness shall be made upon request and ' support 7 d by an affidavit by the person or governmental authority requestlng the summons. Payment shall be made within 30 days from the date the request is submitted. (See reverse side.)
Transcript
COMMITTEE ON JUDICIARY
HB 721 OTHER COW1. REFERENCE: Appropriations ----------------------------------SPONSOR (S) Reps. Crawford and Silver PREPARED BY: Rick Jones
SUBJECT: Disinterested Witnesses STAFF DIRECTOR Richard Hixson
I. Summary
A. Present Situation
Currently a disinterested witness bears the cost of producing documents in compliance with a summons. Florida Statutes, § 92.142 provides for the payment of $5 per day and 6 cents per mile for witnesses, but there is no statute authorizing reimbursement for costs of assembling documents.
12 U.S.C. § 3415 authorizes the Board of Governors of the Federal Reserve System to establish by regulation the rates and conditions under which a federal government authority shall pay a financial institution for providing financial records pertaining to a customer. Effective 10/1/79 12 C.F.R. § 219 was promulgated. This regulation provides for reimbursement to the financial institution, of reasonably necessary costs directly incurred in complying with a federal government authority request as follows: rru ~ ~ ~
(a) Search and processing costs - $10 per hour pl..\!] \QJ Lr' ~ person. reproduced by
FlORIDA STATE ARCI'IiVES (b) Reproduction costs - 15 cents for each page. ,D£PARn~iENTOF
R. A. GRAY SUill" '.10 1
( C ) Tallahassee, FL 3239tJ2~'~)'~-5~.\ Transportation costs incurred. 10-~ SerIes ...J-/. __ CartOIl ,
Numer.ous exceptions to reimbursement are provided, including requests from government loan programs, Internal Revenue summons and administrative agency subpoenas. An itemized bill must be submitted by the financial institution before payment will be made.
B. Probable Effect of Proposed Change
HB 721 provides for the reimbursement of any costs a disinterested witnes& reasonably incurs in producing, searching for, reproducing or transporting documents pursuant to a summons. This will primarily effect banks, savings and loan associations and credit unions.
In ~ll proceedings ~efore a court, an administrative agency, or a~ offlce~where the ~l~ht to a public trial or hearing is provlded, payment to a dlslnterested witness shall be fixed and enforced by such court, agency or officer. In all other proceedings payment to the disinterested witness shall be made upon request and ' support7d by an affidavit by the person or governmental authority requestlng the summons. Payment shall be made within 30 days from the date the request is submitted.
(See reverse side.)
Page Two Staff Summary on HB 721 Concerning Disinterested Witnesses
Additionally, HB 721 defines the terms "disinterested witness," "document,1I "proceeding," and "summons."
II. Flscal Impact
1. Fiscal Impact on State Funds:
A. Non-recurring or first start-up effects - none.
B. Recurring or annualized continuation effects:
The state will incur costs under HB 721 when issues summons for the production of documents. This may include a civil or criminal action or an investigation before a grand jury, a state attorney or other governmental department.
There no study which presents any reliable statistical estimates of the costs of HB 721; however, the Florida Banker's Association has estimated from the limited data available "that such costs should not exceed $100,000.
C. Long run effects other than normal growth:
HB 721 may lead to fewer abuses in requests for the production of documents since the person or governmental authority making such request will be required to pay for it.
D. Appropriations' consequences/source of funds -General Revenue Fund.
2. Fiscal Impact on Local Governments:
HB 721 may also generate costs for local governments where the county grand jury or other local governmental authority requests the assembling of documents.
3. Fiscal Impact on the Private Sector:
Disinterested witnesses who are now required to bear the costs of complying with orders to produce documents would benefit from HB 721.
III. Comments
Similar legislation to HB 721 has been introduced in the past. Most recently, in 1979 SB 947 died in the Senate Judiciary-Civil Committee.
SB 475, companion to HB 721, was reported favorably by the Judiciary-Civil Committee on 4/16/81.
There is no present statutory authorization requlrlng the reimbursement of witnesses for expenses incurred in complying with a subpoena duces tecum, or other order requiring them to produce documents in court. Presently, witnesses are entitled to a $5 per diem and 6 cents per mile fee. Any additional expense involved in complying with such an order must be borne by the witness.
B. Effect of Proposed Changes:
S8 475 would relieve a disinterested witness of the burden of having to bear the costs of producing summoned material. S6 475 provides that a disinterested witness, summoned to produce documents, records, other data, or copies thereof in certain judicial or administrative proceedings, must be reimbursed for any reasonable costs directly incurred in searching for, copying or otherwise reproducing, and transporting those documents.
In adversary proceedings before a court or administrative agency which is not an investigation or inquiry that includes a right to a public trial or hearing in the same proceeding, the responsibility for such expenses is to be fixed by the court, agency, or officer before which the proceeding is pending.
In all other proceedings, payment shall be made by the person or governmental authority requesting issuance of the summons. Any disinterested witness who desires payment shall submit a request, supported by affidavit, to the person or governmental authority responsible for payment. If payment is not made within 30 days from the date the request is submitted, the witness may enforce such payment through a separate action.
Additionally, S8 475 defines the terms "disinterested witness," "documents," "proceeding," and "summons."
II. ECONOMIC IMPACT AND FISCAL NOTE:
A. Publ ic:
This bill would result in savings to disinterested parties now required to bear the costs of complying with such subpoenas or orders duces tecum. It is not possible to determine the amount of such savings at this time.
B. Governmen t:
This bill would, in some instances, require various governmental entities to bear the costs of producing such subpoenaed documents; however, it is not possible to determine the exact costs at this time.
I r 1. COMMENTS:
A substantially similar bill, S8 947, died in the Senate Committee on Rules and Calendar during the 1978 session.
A. Present Situation: There is no present statutory authorization requiring the reimbursement of witnesses for expenses incurred in complying with a subpoena duces tecum, or other order requiring them to produce documents. Witnesses now receive a $5 per diem and 6 cents per mile fee. Any additional expense involved in complying with such an order must be borne by the witness.
B. Effect of Proposed Changes: This bill provides that a disinterested witness, subpoenaed to produce documents, records, or copies of records in certain judicial or administrative proceedings, must be reimbursed for any reasonable costs directly incurred in copying or otherwise reproducing, and transporting those documents. In proceedings before a court or administrative agency, the responsibility for such expense is to be fixed by the court, agency, or officer before which the proceeding is pending. A request for reimbursement, supported by an affidavit, must be sUbmitted to the person responsible for payment.' Payment must be made within 30 days from the date of the request. In any adversary proceeding, payments must be enforced upon a motion for payment. In all other proceedings, payments must be enforced by separate action in an appropriate court where the disinterested witness resides.
II. ECONOMIC IMPACT AND 'FISCAL NOTE:
A. Public: This bill would result in savings to disinterested parties now required to bear the costs of complying with such subpoenas or orders duces tecum. It is not possible to determine the amount of such savings at this time.
B. Government: This bill would, ;n some instances, require various governmental entities to bear the costs of producing such subpoenaed documents when ordered to do so by the court, agency, or officer; however, it is not possible to determine the exact costs at this time.
III. COMMENTS:
There is no House companion to this bill. A similar bill, SB 947, passed this Committee last session. but died on'the Senate Calendar.
IV. AMENDMENTS: None.
,:,~/
BANKS AND BANIQNG ~GHT TO FINANCIAL PRIVACY
95-630, Title XXI § 210 ' F341S. Cost reimbursement \lL-12 uses § 3417
;~ctl~~;.!llllldred ~Ild tW!;I;} ::;!' :X41 , hProvided that Y ~ , . . er t c date of its (;;j Except for records obtained pursuant to section t 103(d) or I I 13 (a) through (h)
[12 uses § 3403(d) or 3413(a)-(h)J. or as otherwise provided by law, a Government authority shall pay to the financial institution assembling or providin" financial records pertaining to a customer and in accordance with proccdure~
:xcept sections 1115 1117 / established by this, title a fee for reimbursement for such costs as are rea«onably I]) s/laH apply to the ' 11~, and 1121 [12 USes necessary and which have been directly incurred in searching for, reproducing. or )7-i;equests froIl1_ productIon and disclOsure of transporting books, papers, records. or other data required or requested to be ',' Y authorized to conduct fj , produced, The Board of Governors of the Federal Reserve System shall. by lIes for purpOses of conduct:elgn COUllt.e~-,or foreign/egulation, establish the rates and conditions under which such payment may be lr the purpose of Cd' g sucIl actlVIL!es' orimade C 202 P on uctIng its " ~' , 'd' ,ublic Law 90-331 protectIve functioll ,(Nov. to, 1978, P. L. 95·630, Title XI, § 11I5(a), 92 Stat. 3708,) , 1 .3056 note]), ' as amended [3 usd ¥, " , d 10 paragra h ( , , ;;; HISTORY: ANCILLARY LAWS AND DIRECIIVES t t' PI), tIle Go ,. u Ian the certificate re . ve~nment autllOdty shall References in text: Supervisory Official of qUlred 10 .section I 103 (b) [/2 "This tille," referred to in this section, is popularly known as the Right to
. a rank deSIgnated by the head ,~ Financial Privacy Act of 1978, and appears as 12 USCS §§ 3401 et seq, Or om " cer, employee
!lat a Government a~tI~~ri~ge~t o~ Such institution ~ess to a customer's tina . ~ escnbed in paragraph y specified in par !lCla reCords. wllich this secti agraph (I) s11al/ compile an I
On was used. annua ! prohibit a G
, / ' overnment a th . CIa Institution if the G II Omy from obtaining 3' access to SUch recor~;ernment authority deter
Would create im . erson;
, llllllent
; or In: "
1 paragraph (1) the G certificate required i ove~nment shaH submit to
Iry Official of a rank dn ~eetJon 1103(b) [12 USes
'. eSlgnated by the head of the : access to financial recor ~le witli the appro . ds under this subsection
clal of pnate court a' d ' , , a ,rank deSignated b slgne , SWorn >I th the grOunds for t1 y the head of the ~reaftercomply with ~~:mer~ency access. The ,c)~. nO/)ce Provisions of 'ccJfied i ch . n paragraph (I) shaH '
,_ thIS section was used ,CompIle an annual ~r.§ 1114,' 92 Stat. 3707:)'" '
ARY LAWS AND D' : ,':',,,:;, IRECfIVES "
;ection, 'is POpular{y k " ',.., appears as 12 Uses §§no
Jwo as tIle Right to
t', J ' 401 et seq, '
! ;t1e XX-I, §2IOI,'~2 S~a~ 374'1 . I undred and twenty d' , provided that
: ", ' " ays after the dale of its
Eft'ective date of section: Act Nov. 10. 1978. P. L. 95.63~it1e-XI,..y!15(b), 92 Stat. 3708, provided: "This section shall take effect oneober 1, 1972)
i'§~416. Jurisdiction·. ' / '
• An 'action to enforce any provision of this title m~be brought in any appropriate Uniteth,States district court without regard to ~He amount in controversy within three year:s from the date on which the violat,n occurs or the date of discO\'cry of sllch violatiQn, whichever is later. ,( r ' .•
(Nov. to, 19)~ P. L. 95-630, Title XI, § 11 0,92 Stat. 3708,). .;
'HISTORY: ANCILLARY. A WS AND HIRECfIVES , ' . References in fe'~t: 'This title," referred to in this Z ction, is popularly known as the Right to ,," Financial Privacy A'ct of 1978, ant! appears as 12 USCS §§ 3401 et seq.
Effective date of secti~~~/ ' , Act Nov. 10, 1978, p, L. 9~(30, Title XXI. § 2101,92 Stat. 3741, plOvidcd that this section "shall take efffct"(Jne hundred and twenty days after the date of its enactment [enacted NovllO, 1918", '
I '-, ,. ".." ",
§ 3417. Civil penalties . "..~' .. '. , ~
(a) Any agency or det<:rtment of the Unit~d Suites or financial institution obtainin~ or disclosing financjdl records or informat16Q contained therein in violation of this
~i~~\::~i~~le to,?eeustomer to :wh~n:. sucl~ ~co,r~s relate in an amount equ~!, ~o
(I) $100 witHout regard to the volume of reco~ involved; . 'f' (2) any ac}6al damages sustained by the customer s a result of the disclosure;' .,', (3) such/punitive damages as the court may 'allow, here the violation is found to hav~lbeen willfnl or intentional; and· :, ., . . , _ (4) in'"the case of any successful action to enforce liabiil under this section; the costs of the action together with reasonable attomey;s fee as determined by the court. ". _", ,', ,.' .... ,.;,
(b) Whenever the court determines that 'any agency or departme t of the ~nitec ,,States has violated any provision of this title and the court finds t t the CIrcum,
'stances surrounding the violation, raise questions of whether an officer pr employet ~201
i , .
f' ,. t,· ",
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lied with
Federal Register / Vol. 44, No. 190 / Friday, September 28, 1979·/ Rules and Regulations 55813 - = < IMn • ..!PI.. ; 1 T rt?1T M"*"'" ••• 'W!1i11J1!1o&4Z1 .... I'iOAill Ii oJ ~ ~. -'. wiihdni~n its request for disclosure or a regulation, in accordance with the' States, or any officer. employee or agent 'g ~.: customer has revoked his or her . Board's Policy Statement. Since the '.. thereof.' ..
i · authorization. or because a customer Right to Financial Privacy Act requires' ·,"(d) "Person" means an individual or a ,l mg . II h II d d' I other bas successfu y c a enge ISC osure the Board \0 establish, by regulation:the .. partnership of five or fewer individuals.
mdes ;rcise of
~f. and Igs arc lions of
10 Ihe federal agency, the financial rates and conditions of cost . . ' (e) "Customer" means any person or · . instilulion maY. submit an itemized bill ' reimbursement. nonregulatory authorized representative of t!lat p,!rson .: or invoice for reasonably necessary , alternatives were not considered during who utilized or is utilizing any service of : costs directly incurred in assembling planning of these regulations. ' , a financial instituf.ion, or for whom a • financial records prior to the time that Under the authority of section 1115 of' financial institution is acting or has
theJederal agency notifies it that its the Right to Financial Privacy Act of' .. acted as a fiduciary. in relation to an :request is withdrawn or defeated. 1978, 12 U.S.C, § 3415. the Board amends account maintained in the person's .' Financial institutions are also Title 12 of the Code of Federal , name. "Customer" does not include
)sed !reminded that the statute provides Regulations by adding a new Part 219 (to"' corporations or partnerships comprised closing . eleven types of exceptions from cost.. be known as Regulation S} to read as'" of more than five persons. ,", 'ecent,reimbursement which are incorporated f ll' . (fJ "Directly incurred costs" means .dod . into this regulation: Reimbursement for" a ows:· ,:, .,' ", -,.,. , costs incurred solely and necessarily as dose of fintindal records sought pursuant to any Regulation S - . :'. - . a consequence of searching for., .. lotal of of these exceptions is. accordingly, also PART' 219-REIMBURSEMENT TO··reproducing or transporting books. ag the t,' , .' excepted from this regulation. : ,.. ,. '·papers,records. or other data,.in order 'cd by" Financial institutions should also be FINANCIAL INSTITUTIONS FOR., . to comply with'legal process or a formal ered the ':' aware that jus I as the Act provides ASSEMBLING OR PROVIDING ~.;'" . written request or a customer's 18' i ' . cert~in excep.tions 10 its :eimbursen:ent FINANCIAL RECORDS, " . " authorization to produce a customer's ral . 1.' -" reqUIrement. It also provldesexcephons Sec. -"': ',: . financial records. The term does not" ; in I 'to th: Certificate9f ~omp.liax:ce. .:.. '. 219,1 AUlhorHy. purpose and i,-cope.·' , " include any allocation of fixed costs ; A .' reqUirement. Thus. fmanclal mstltuhons . 219.2 Definitions" ,', ....', . (overhead. equipment. depreciation.,'
spects i .;':i'lillnotreceive. a Certificate of . " 219,3 Cost reimbursement. ; .. " "'., ''', ' etc.). If a financial institution has ':," , 1. ': Compliance when financial records are 219,4 Exceptions.' .. ,. :: ,'. financial records that are stored at an'
, 1'1; i .
, and .lllr hour I ,i$2,50 . amount retrieving. ;ng for required
: horily. "f, .' page.
,ar'ticular icited 28 tOB lotal nrnents dew of lts .' J of irrie limit ,Thus, in either [) fprm of
Til also
,inded to ,onnel f '_ )ortation !elude on :Jame of ;, After a
the ACt :eking financial itemized ithority. not mce
, , ,.. sought by a financial supervisory agency 219,5 Conditions for payment.' . ' • .' independent storage facility that charges , (12 U,S,C. § 3413(b); or for federal 219.6 Payment procedures .. ' .' , a fee to search for, reproduce, or
;~ litigation (12 U.S.C. § 3413(e)J; or for ., 219.7 Effecti\(e date. . " . "transport particular records requested, , agency adjudicative proceedings (12, Aulhority: 12 U.S.c. 3415.,' these costs are considered to be directly
U.S.C, § 3413[f]; or pursuant to a grand § 219.1 Authority, purpose an'd scope, .. incurred by the financial i~~tilution . · . jUlY subpoena or court order (12 U.S.C. . , . · § 3413(i)); or by the Secret Service or for' This Part is issued by Ihe Board of § 219.3 'Cost retmbursement' ':
foreig'n intelligence activities (12 U.S.C. Governors of the Federal Reserve: : Except as hereinafter provided, a' § 3414(a)).... . . System undler section 1115 of the Right ,'. . government authority requiring or
Regulation S does not address {he' to Finanda Privucy Act of 1978 (the ,;'" ' requesting access to financial records • issue of internal procedures for federal "Act") (12 U.S.C. § 3415}.lt establishes ;. pertaining to a customer shall pay to the
agencies because this issue is expected the rates and conditions for . ' .. ' ',' financial institution that assembles or to be resolved by agencies' internal .. ' reimbursement of I'easonablynecessary;' . provides the financial records a fee for
. audit procedures. Comments were ?ost.s d~l'ectl.Y incurred .by financi~l. ":0, reimbursement ofreasonably necessary received urging that agencies provide a '. mstl!\lhon~ 10 a~semblmg or provldmg -costs which have been directly incurred uniform time limit for the submission of customer fmanclal records to a . according to the following schedule: invoices and for prompt payment of ., - . gov~rnment authority. ...... . .... ~ (a) Search and processing costs, (1)
. invoices; and that agencies seek to '".' -' .•. ":- ' :,' . Reimbursement of search andi , develop and utilize a uniform invoice for § 219.2: Definitions.. ",' ... : •.... - :' processing costs shall be the totaL: '
.::'paymenL However, the Board regards it For the'purposes o(this part.the;' . amount of personnel direct time incurred . ':,:. as beyond the scope of its responsibility following definitions shall apply: . in locating and retrieving, reproducing •. '
; ~o prescribe detailed internal procedures. ' (a) "Financial inst~tution" means any -: . packaging and preparing financial. , :',J6rother federal agencies to follow,. ?ffice of a b,:nk. s,avmgs. bank. card, '.' . records for shipment. c· ".",;':: .
.. except ,where.sach procedures have' Issuer as defmed. 10 seellO? 103 of the (2) The rate for search: and processing .' been developed through common "Consumers Cre~lt Prol~ctlon Act, (15 ,,,:, '., costs is $10 per hour per person ... , "-
'.: agreement with and by other federal U,S.C, 1602(n)). md~stflalloan company, ' : computed on the basis of $2.50 per, " agencies. ..':. " . trust company. savmgs and loan. ~'" .~i':' : ; quarter hour or fraction thereof and is '.
, . This regulation is 'issued pursuant to 5 buildi~g .and ,loan. ~r homestea~ .• .'::- ~" ·.limited to the total amount of p~rsonnel U.S.C. § 553,12 CFR § 262.2 and in aSSOCIatlOn (mcl~dmg cooperahve; ,:;; .. Hme spent in locating and retrieving
· accordance with the Board's Statement banks), credIt ulllon. or consumer , .. ,' documents or information or' .' ,"of Policy Regarding Expanded financ~ institution. lo.cated in any Stat~ '~,:. reproducing or packaging and preparing "'Rulemaking Procedures (44 Fed. Reg. o~ te~rltory of the ,!mted Stat~s, the" "', d~cuments for shipmenl where required
'3957), Since the regulation will reduce . Dlstn~t of ColumbIa, Puert? ~Jco. Guam.·· cor requested by a ~'o\'ernment authority. · cost burdens to financial institutions by Ameflcan Samoa, or the Vlrgm Islands . .\ Specific salaries of such persons shall -
" reimbursing them for I>earching for and' (b} "Financial rllcard" means an . not be included in search costs, In reproducillg customers' financial records original of,a wpy of. or !nformlltiol} :': addition. se.arch and processing costs do as required or requested by the federal known to have been denved from, any, not include salaries. fees. or similar
, ,government or as authorized by the I'eeord held by a financial institution . ~:,' . costs for analysis of Inaterial or for ; '. customer, and in view of the fact that p~rtainin~ to a ~us,to~er'~ relationship" managerial or legal advice, expertise; .
· the regulation must be adopted by With the [wanctal instItutIOn. research, or time spent for any of these ..... ~ctober lJ 1979. expedited rulemaking {c) IIGovernnu~nt authority" lTICnns: .... 'activities: If itemized separately .. search
,,"HProcedures were followed in issuing th!s any agency or department of the United andprocessing costs may include Ihe
actual cost of extracting information :' (d) FinancIa1 supervisory agel;cies. stored by computerin,the format in ~ Financial records disclosed to a, ':,','" which it is normally produced, based on 'financial supervisory agency in the computer time and necessary supplies: ': ' exercise of its supervisory, regulatory. or
(1) Securities and Exchange. .' Commission requests. Until November. 10. 1900. financial records sought by Ule, Securities and Ex-change Commission." ,
howtlver. personnel time for ,computer monetary functions with respect to a ",' ' ," « .'"
§ 219,5 Conditions for payment~ '. " lIearch may be paid for only at the rate" financial institution. '" ",' ,,,', :, '(a) Limitatio'ns. Payrrient for: ", \ specified in this paragraph .. , <,,' :'.'C' . (ellntemaJ RevenueslImmons., , .
F' 'I d d' I d " reasonably necessary. directly incurred., ' (b) 'Repr---duction costs. (1) . manCla recor s ISC ose m··, ' , v , ,,' h d h' d costs to financial institutions shall be \ Reimbursement for reproduction costs, ,,; ," accordance wit proce ures aut Oflze ... ,
shall be for costs incurred in making'" by the Jnternal Revenue Code.,_ limited to material required or ," ';:', Jj' COP1'CS of documents required or :"'."'",; "{f) Federally required reports. requested" '.' ' '.' ,. " ," , "
. F' , I d . d t b' (bJ Separate consideration of.~, .',. " .~~ requested. ,'.c ,." '<,:' ..,';': ,"c.',:':::' "manCla recor sreqUlre 0 e . , (2) Thn rate for'reproductioncostsfoi: . reported in accordance with any federal component costs. Payment shball be
" 'I ltd th d made only for costs that are oth makt'ng copl'es of required or requested \ statute or ru e promu ga e ereun er., . b .
( h ' th B k SAt) directly incurred and reasona Iy'. " documents I'S 15 cents for each p'ane" .. suc as e an ecrecy c. ". h
<> ' ( ) G ' t' '( ., l' . necessary. In determinin"o w ether costs including copies produced by reader/' g overnmell .C1V! or cnmma , " .... litigation. Financial records sought by a', are reasonably. necessary, search and
printer reproduction processes.,,' government authority under the Federal ' proceSsing. reprodliction. and" , Photographs. films, and other materials . Rules of Civil or Criminal Procedure or transportation costs shall be considered
ar(C;e~~::;~~;t~~~~:;t~~st:::',;':".'. ····~~~:ea:.~~~e~tlh~i~i~~~~:~ ~:~~~~~ the . ser~r~'~~~1iance w;ih 1:8~J pr~ces~.:' Reimbursementior transportation costs government authority and the customer request, or authorization. No payment, shall be for (1) necessary costs, directly'. are parties. shall be made until the financial. :";,, incurred, to transport personnel to',.' (h) Admhlistrative agency subpOf:mas .. " institution satisfactorily complies with' ' locate and retrieve the information' Financial records sought by a , the legal process or formal written,' , raquired or requested: and (2) necessary government authority pursuant to an request, or customer authorization •.. ' ' costs, directly incurred solely by the ':, administrative subpoena issued by an except that in the case where the legal
I need to convey the required or .. ', administrative law jucge ill an process or formal written request is .
inv( of c, the j
§2H
Tt Ocle
By effecl Griffl Depu, IFR Do, DllllNl
SMA!
13 Cf
[Revis
Small Incret Busln Small or by
AGENC . re!]uesteo material to the place of adjudicatory proceeding subject to withdrawn. or the customer ' examination. . section 554 of Title 5, United States authoriwtion is revoked, or where the ". ACTIOI
§ .219.4 E>(cepUoo6., Code. and to whkh the government customer successfully chaJJenges access j A fina'ndal institution is not entitled Authority and the customer are parties, by or disclosure to a government " \
(i) Identity of accounts in limited authority, the financial institution shall "j to reimbursement uncler the Act for Circumstances. Financial informatiori be reimbursed for reasonably necessary, ~ costs incurred in assembling or 'sought by a government authority, in costs directly incurred in assembling· ).,j investr providing the following financial records aCGord~nce with the Right to Financial financial records required or requested ,:'i develo
SUMMt standa busine
or information: " ,'" '.',; Privacy Act procedures and for a to be produced prior to the time that the· ~~ siZe stc (a) Security interests, bankruptcy .. . ." legitimate law enforcement inquiry, and. government authority notifies the.,' . 5i one wh
claims, debt collection, Any financial. i' limited only to the name.,address,. . institution that the legal process or' ;'; exceed records provided as an incident to , ': account number and type of accoilnt of request is· withdrawn or defeated. or ,:,,; net WOl
perfecting a security interest. proving a,. any customer or ascertainable group of that the customer has revoked his or her:',,'! does nc claim in bankruptcy, or otherwise, '.. customers associated (1) with a ' authorization. . . ., . i ,:,.' ~:':, income collecting on a debt owing either to the financial transaction or class of ' , (d) Itemized bill or invoice. No·, ,-, in excel financial institution itself or in its role CIS financial transactions, or (2) with a payment shall be made unless' the "i small c! i:I fiduciary. . , ' '~_' ; .. ' foreign country or subdivision thereof in' financial institution submits an itemized ~i under §
(b) Government loan programs. -' , the case of a government authority bill or invoice shOWing specific details ; This t Financial records provided in exercising financial controls over" concp.rning the search and proceSSing. '/ financia coollection with a government " " foreign accountS in the United States repl'OduClion. and transportation costs. small bl authority's consideration or under section 5{b) of the Trading With assets s administration of assistance to a the Enemy Act (SO U.S.C. App, 5(b J): the' § 219,6 'Payment p-rocedUTes.' , ". i increaSE customer in the form of a government' "Internlltional Emergency Economic ' (a) Notice to submit invoice. Promptly ~ million I
loan. loan guaranty. or loan insurance ' Powers Act [Title II, Pub. L. 95-223}: or following a government authority's -i test to $, program: or as an incident to processing ,: section 5 of the United Nations service of legal process or request, the '~ using Se all application for assistance to It Participation Act (22 U.S,C. 287{c). government authority shaH notify the . EFFECT(\ customer in the form of a govermmmt. ; , (j) Investigation 0/ a finallcial financial institution that an itemized bill FOR FUR' loan. loan guaranty, or loan insurance" illstitution or its nonclIstomers. or invoice mllst be submitted for John L. \ aureement: or as an incident to Financial records sought by a : "payment and shall furnish un office , SUPPlEM p~ocessin8 a default on, or , government authority in connection with 'addrp.ss for this purpose. "", Deleli, administering. a government-guaranteed, a lawful proceeding, investigation, (h) Specialllotice. If a government 1 'Usin
o or insured loan, as necessary to penni! a examination. or inspection directed at authority, withdraws tlle legal process or indU;I~; responsible government authority to the financial institution in possession of formi!1 written request, or if the '! conside . carry out its responsibilities under the such records or at a legal entity which is, customer revokes his or her ibelw r.
1 I , ' h " 'f h I I . een l(lan, oan guaranty, or oan Insurance not a Clll>tnmer. lIut onzahon. or I t e ega process or '; The tw a~reement. (k) General Accounting Office request has been successfully 1 ~ , ,! measure< (c) Nonidentifiable in/ormation, requests, Financial records sought by chllllenged by the customer, the i diff"r "
Financial records that are not identified the General Accounting Ol'fice pursuant government authority shall promptly fprOd e~,cl with or identifiable as being derived to an authorized proceeding. notify the financial institution of these : capit~f;o from the financial records of a particular ," investigation, examination or audit facts. and sha II also notify the finandal.;purp " ~
d· tIt t lh " .. t' th 'Ih" . J b'll ' O~e Ii customer. mlc e{ a a govemmen tlU em y. mstJtu IOn a e j enuzcc J or, used in th ,
'ember It by the ission.
ncurrcd all be
, b~ h Y ller costs :h and
nsldered
)GeSS"
Iymenl" I ' es \'VHh ten iOll,'
lC legal :st is ' ,
eretlie es a'ccess 11 t , , on shall lecessarj \bling ~q4ested ~ that the he s or ed. or his or her_
-10 the itemized details,
:essing, m costs.
Promptiy ity's, , est. the ify the: nized bill lr ffice
lment ,)rocess or
)CCSS or
mptly )f these financial ) or
:-,-- : Federal Register / Vol. 44, No. 190 /' Friday, September 28. 1979 / Rules and Regulations 55811)
invoice must be submitted for payment of costs incurred prior to the lime that the financial institution receives this notice., -_
§ 219.7- Etfe9tille dale .. This regulation shall become effective
- , October 1. 1979. .
By o~de~' of the Board of C'overnol's, effective Oelober 1.1979. Griffith L. Garwood. Deputy Secretary. _
_[f"R Doc, 79·4037~ Filed ~2g..79; 8:45 am]
~: ElILLlfiG coce 6210-01·1.4 :.-, _.
:.,
. SMALL BUSINESS ADMINISTRATION . ". -
13 CfF~ Part 121 : 'i
(Revisfon-13, Amdt. 29] 1,
-Small Business Size Standards: Increase Size Standard of Small Business Concerns for Assistance by Small Business Investment Companies or by Development Companies
'AGENCY: Snlall Business Ad~linistration: ACTI()N: Final rule.
'SUMMARV: This rule 'jncreases standard for assistance to small biisincss concerns by small business investment companies or by development companies. The previous size standard defined a small concern as one which does not have assets exceeding $9.0 million, does not ~ave net worth in excess of $4.0 million. and
, does not have after-tax average net income for the preceding two (2) years
, 'in excess of $400,000. Alternatively, a small concern is one which qualifies
, under § 121.3-10 (loan size standard). This rule makes a change in the', _
financial measures used in establishing" .' small business size by deleting the
assets size test. Further. this rule increases the net worth test to $6.0 million and increases the net income test to $2.0 million;The alternative of, using Section 121.3 .. 10 is not changed. ' EFFECTIVE DATE: September 28. 1979.""
, FOR FURTHER INFORMATION CONTACT: ,'; John L. Werner, (202) 653--fl672. '
SUPPLEMENTARY INFORMATION:' Deletion of Assets Size as a A1easure.
, Using a uniform' assets size lest for aU , industries is not appropriate due to the
considerable technological contrasts between industries.
The two more comID:only used measures of inter-industry technological differences arc the ratio of capitillto production \'Vorker and the raHo of capilalto output Capital for this purpose is considered tangible assets used in lhe production of output without
'; w;,.
regard to the financing of such assets~ Beldom do industries have identical techhologies and thus seldom does, the absolute level of assets tell much about relative size. In short. a firm with $25.0 million in assets in one industry could be small while one of the same assets size ill another industry could be large. ,
It is for this reason that the rule deletes the assets test as a measure of size for the purpose of assistance by , . small business investment companies or developmen,t companies.
Increase in Net Worlh Standard ;\.
Inflation has Gonsiderabl}, eroded the value of the ,dollar since August 1975 when the SBIC size standards were last adjusted. The price deflator-for
- Nonresidential Fixed Investment as it , appears in the Gross National Product, accounts shows that prices for that ' sector have increased 2.2 times (through' 1978) since the inception of the SBIC . .';. program;This rilultiplier applied to the ' program's original net worth size, ': ... standard produces a price adjusted net ' worth standard of $5.5 million through 1978. ",."
This ruie 'in~~~as~s the net worth , stand a rd to $6.0 milliDn to adjust for, inflation through the end of 1976 and' forward through the end D'£1979.
- Inf:rease in Net Income Standard
'ro, '
§ 121.3-11 Definition of small business for . assistance by small business investment companies or by development companies. , A small business concern for the purpose of receiving financial or olher assistance from small business investment companies or developnwnt companies is one which:
(a) Together with its affiliales, is, independently owned and operated. is not dominant in its field of operation. does not have net worth in excess of $0 million, and does not have an average net income, after Federal income taxes. for the preceding 2 years in excess of $2
. million (average net income to be computes'without benefit of any
, carryover loss); ,or (b) Qualifies as a small business
Aluminized Polyester Film Kites; Banning as Hazardous Article
AGENCY: Consumer Product Safety Commission. '" ACTION: Final regulation.' Recent studies and Congressional
hearings indicate that after· tax earnings of over $2,0 millio.n is a minimum level SUMMARV: The Commission is issuing a to consider for puhlic offerings of a regulation banning aluminized polyester firm's securities. all other conditions film kites because such kites are being ideal. capable of conducting electricity and arc
Ther,e is a subs'tantiaI oap hetween susceptible to contact with high voltage o electric power lines. This regulation is
the net income size standard of $400,000 - intended to reduce the risk of serious and the $2.0 minimum public offering ,: ,injury or death by electric shock created level and this rule provides standards to' when an aluminized polyester film kill? fill that gap." contacts a power line and conducts an
The increased size standard shall alSo 'electric current through the aluminized be applicable'to the definition of small surface of a kite or its tail to a person in business for the purpose of SBA ., contact with the kite or its tail; and the, pollution control guaralltee' assistance,: ,,_' risk of injury to persons in the vicinity of financings undel' 13 CFR Par t.1111 : ''''electric power lines which could break Pollution Control (which utilizes the, ' ' and fall as 'a result of an electric arc same size standards by' reference under:, caused by the kites. ,", " Section 121.3-16)." '.',' EFFECTIVE DATE: October 29,1979. :
All public commentsvi'hi~h-~ere ' FOR FURTHER INFORMATION CONTACT: received on the proposed amendment David Thome. Division of Regulatory (44 FR 3(195) were favorable. and, :... ' Management. Directorate for' .. ' ,'. indicated the amendment would aid ,: Compliance and Enforcement; Consumer additional small firms having difficulty Product Safety Commissiori, ' obtaining necessary financing. ,', Washington. D.C. 20207. (301) tl92:'()4()O.
Accordingly, pursuant to Sections 3 SUPPLEMENTARY INFORMATION: ' and 5(b)(6) of the Small Bus-iness Ac;t (15 ' U.S.C. 632, (34). the Small Business' Background and Proposal , Administration umrinds Part 121 of its .Regulations (13 CFR Part 121) by, amending § 121.3-11 10 read as follows:'
'In the Federal Register of Jamiary 26;', 1979 (44 FR 5459), the Consumer Pl'oduct SafctyCommission proposed for public
Commi ttee on' Judiciary --~~~~~------~------
Bi,ll No. HB ~.:.::..-...:...:::.:=-----
Date of meeting Apr. 29. 198]
Time 1: 30 p.rn
Pl ace Room 212 I HOB
FINAL ACTION: x FAVORABLE
__ FAVORABLE WITI1 ~ENIJ.1ENTS
__ FAVORABLE WITI1 SUBSTIlUTE
VOTE: ' _' _ UNFAVORABLE
~ YEA !"IEMBER NAy YFA MEMBER NAY
BUSH X
X DAVIS
X DRAGE
MARTINEZ X
MOORE X
" \ O'MALLEY
X RICHMOND
X SHELDON
X SILVER
SMITH, L.
THOMAS, C.CHMN.
X UPCHURCH, CHM.."I.
.
Total
Cav-MrffiE APPEARANCE RECORD T~e follo~ing persons (other than legislators) appeared before the committee
during the consideration of this bill:
Name Representing Address
NOTE: Please indi~ate by an "X" any State employee appearing at the request of Committee Chairman.
(If additional persons, enter on reverse side and check here __ )
?ile ~ cavies wi th cterk. H-22(l976
H-74
House of Representatives
SUBCOMMITTEE REPORT File with ~ Committee
To: Chairman, Committee on _--..:J::...u:::.d=i.:::c=i.:::a=r ... y_~ __________ _
The Subcommittee on Consumer, Probate and Family Law
0' "~J' / "l Q' Q..: 00 a yy... 0 I clock on _~.j.~.JU:.::::!....:......:!.......-::::.O<:;...!..~6 ___ , 19 ..,;8::...;1=--__
a! a HoB ' and considered -.!...m!J-~.L-_7.t....::.~::...!...!...-/ ---' met at
in Room
On motion to report the bill I \// FAVORABLE
the vote was:
YFA MEMBER
I / FAVORABLE WITH AMENDMENTS
INAY Yr:A
V
./
.. ,
./
./
Total 5 Yeas ~
(number)
MF"MRER INAY
DRAGE
O'MALLEY
SILVER
THOMAS
RICHMOND, ehmn.
Tatar Nays o
Subcommittee Chairman
SUBCOMMITTEE ApPEARANCE RECORD
The following persons (other than legislators) appeared before the subcommittee during consideration of this bill:
Name Representing Address
(If additional persons, enter on reverse side and check here
Received by Parent Committee:
Date _____ _
Received by _______ _
BILL ACTION REPORT
(C3-75: File with Secretary of Senate) ( S ) :t>l¥j( BILL ;.I 0 , -:4:r.!7-=.5 ___ _
CO~IM 1 TT E E ON _____ ..;:.JU;;,:O:,..:I..;:.C;.:.IA.;.:..R:..;..Y....;-C'-'I..;..V.:..:IL=--_____ _
DATE __ ~Ao~r~;~1~16~,~1~9..;:.8~1 ____________ __ Date Reported ADril 16, 1981
TIME __ ~9~:O~O~-....;1~2~:~OO~n~o~on~ ________ ___ FINAL ACTION:
PLACE Corrnnittee Room "8" ___ X __ Favorably with 0 amendments
OTHER COMNITTEE REFERENCES: (In order shown)
_____ Favorably with Committee Substitute
_____ Unfavorably None
OTHER: _____ Temporarily Passed
Reconsidered
THE VOTE WAS: Not Considered
moved by Sen. McClain: !
FINAL BILL VOTE SENATORS
Aye Nay Aye Nay Aye!Nay Aye Nay Aye
X CHILDERS, Don C. I I I
X HILL, John A.
X JENNE, Kenneth C. I : X JOHNSTON, Ha~ryA., II I
Ii X LANGLEY, Richard H.
X McCLAIN, David H. I: I
I SKINNER, Sherr; 11 "Pete' I
'X HARE, John T. .~ i :
. X HAIR, Mattox
I
I
I 1
8 0 TOTAL i Ave Nav AyeiNay AyeINa\' Aye INay i\yc
(Attach additional page if necessary)
Please Complete: The key sponsor appeared A Senator appeared Sponsor's aide arpeared Other appearunce
( ) ( ) ( X ) McKeithen ( )
Nay
.'ay
Aye :-lay
!
I I I
I I I I
I I
, I I
I
I Aye i,'ia y
I I ! I
1
SENATE i" ""'" \VI BILL ACTION REPORT @@ f i' t
, j J
l( U COMMITTEE ON APPROPRIATIONS
MEETING
OTHER COMMITTEE REFERENCES: (in order shown)
FINAL VOTE S E NAT 0 R S
AYE NAY
CARLUCCI, Joe
H DUNN, Edgar M. , Jr. iii ~ GRIZZLE, Mary R. ~ A<
~ HAIR, Mattox <n 0
H HILL, John A. ><
JENNE, Kenneth C. z 0 I
H KIRKPATRICK, George u ~
,a LEWIS, Tom 0
I S MARGOLIS, Gwen 0 ::t::
H MAXWELL, Clark, Jr. ;3:
...:l MCCLAIN, David H. ~ 0 MCKNIGHT, Robert W. :> ...: ..... NEAL, Patrick K.
PETERSON, CUrtis
POOLE, Van B.
SCOTT, James A.
STUART, George, Jr.
THOMAS, Pat
TOBIASSEN, Tom
TRASK, Alan
VOGT, John W.
SKINNER, Sherrill
JOHNSTON, Harry A. ,
(5) 00 BILL NO: 475 l_,
reprodu<;:ed by FLORIDA STATE ARCHIVES
DEPARTMENT OF STATE R. A. GRAY BUILU,NG
Tallahassee. FL 32399·0250,
FINAL ACTION: Series J S( Carton • .!l::i.t1. , x Favorable Jas:x~x:t:Jt:les:x~
______ Favorably with amendments
OTHER:
Favorably as Committee Substitute Unfavorably
Temporarily Passed (TP) MOTION TO RECONSIDER
------ VOTE TO RECONSIDER--Pas Fai
______ NO ACTION
IAYE NAY AYE NAY AYE NAY AYE
U .
I
NA
GORDON, Jack D., Chm.
T 0 TAL PRESENT . -----.~--.--- .- -~- .'-'" ... _- """_ ..... .--
There is no present statutory authorization requ~r~ng the reimbursement of witnesses for expenses incurred in complying with a subpoena duces tecum, or other order requiring them to produce documents in court. Presently, witnesses are entitled to a $5 per diem and six cents per mile fee. Any additional expense involved in complying with such an order must be borne by the witness.
B. Effect of Proposed Changes:
This bill transfers the cost of producing summoned material used in legal proceedings from the witness to the state, county or party requesting the material. It provides that reimbursement be made for costs incurred in searching for, copying, and transporting documents, records, or other data in any civil or criminal action before a court; in any investigation, inquiry or proceeding before a grand jury, a state attorney, or a state, county, municipal or other governmental department and in any administrative action authorized by law.
In the proceedings before a court or an administrative agency which includes the right to a public trial and involves adversary parties, the court or agency shall fix the responsibility for payment to the witness. It is not specific whether this responsibility will fall to the state, to the county, or to one of the adversary parties.
In all other proceedings, payment to the witness shall be made by the person or governmental authority requesting the summons. This would involve payments to be made by the state and the local governments.
Any disinterested witness who desires payment shall submit a request, supported by affidavit, to the person or governmental authority responsible for payment. If payment is not made within 30 days from the date the request is submitted, the witness may enforce such payment through a separate action.
Additionally, SB 475 defines the terms "disinterested witness," "documents," "proceeding," and "summons."
II. ECONOMIC IMPACT AND FISCAL NOTE:
A. Public:
This bill would result in savings to disinterested parties now required to bear the costs of complying with such subpoenas or orders duces tecum. It is not possible to determine the amount of such savings at this time •
Commi ttee on Appropriations Date of meeting May 17, 1981
Time ________ ~8~:~O~O~a~.~m~. ____ ___
Place ______ ~M~o~r~r~i~s~H~a~l~l~ __ __
VOTE: YEA MEMBER
X Morgan, ,Herbert
X Batchelor, Dick
X Bell, Samuel P.
X Burnsed, Beverly
Surrall, Fred
Carlton, Fran
Carpenter, Carl
X Crotty, Richard
X Easley, Betty
X Fox, Roberta
X Gallagher, Tom
X Gardner, Winston
Gordon, Elaine
X Gustafson, Tom
X Hagler, Clyde
X Hattaway, Bob
X Hazouri, Tom
Bill No. HB 721
FINAL ACTION: X FAVORABLE
I'lAY
X
X
YEA X
X
X
X
X
X
X
X
X
X
X Tota 1
__ FAVORABLE WI1l1 -f\MENrMENTS
FAVORABLE WI1H SUBSTITUTE
UNFAVORAB!-E
JVIEMBER 1lA'i
Hodges, Gene
Jones, Fred
Kutun, Barry
Lippman, Fred
Mann, Franklin B.
Martin, Sid
Mills, Jon
Moffitt, H. Lee
Pajcic, Steve
Sadowski, Bill X
Sheldon, George
Thompson, James H
Tygart, Fred
Upchurch, Hami 1 to
Ward, James
Weinstock, Eleanor X
Young, Walt '1'ota.1
Yeas _2_4 __ Nays 4
)~,L1ilt:ty= Ccf.t.IITrEE ApPEARANCE RECORD
The following persons (other than legislators) appeared before the committee during the consideration of this bill:
Representing Address
NOTE: Please indicate by an "X" any State employee appearing at the request of Committee Chairman.
(If additional persons, enter on reverse side and check,here __ )
I ! .
i ~
I Pl'(.eptUted 5 / 24 / 81 by the Camm~ttee on AppltCp!Ua:tLoru.
STATE OF FLORIDA HOUSE OF REPRESENTATIVES
FISCAL NOTE
HB721 B1U Numbel'(.
Tn comp~4nce with Rate 1. 16, the~e ~ he~eby 6ubmltted a 616ca! note on the above l14ted bltt ~elaZlve to the e66ect on ltevenUe6, expend1tu~e4, O~ 6~ca! ~abl!1ty 06 the state, and 06 Loca! Gave~nment6 a4 a whole.
I. DESCRIPTION OF BILL A. Fund or Tax Affected
General Revenue B. Principal Agency Affected
Courts.
C. Narrative Summary
Requires that a disinterested witness in certain legal proceedings be reimbursed for any cost reasonably incurred in producing, searching for, reproducing, or transporting documents pursuant to a summons.
Provides definitions of disinterested witness, document, proceeding, and summons.
II. FISCAL IMPACT ON STATE AGENCIES/STATE FUNDS A. Non-Recurring or First Year Start-up Effects
none
B. Recurring or Annualized Continuation Effects
There is no data available from the courts regarding disinterested witnesses. Most of the cost would fall upon the state attorneys; it would be absorbed within existing resources.
C. Long Run Effects other than Normal Growth
none
D. Appropriations Consequences/Source of Funds • General Revenue: indeterminable amount.
III. COMMENTS:
The Florida Banker's Association has estimated that the cost to banks, savings and loans associations, and credit unions may be up to $100,000. The state would be required to reimburse this cost from general revenue, to these entities.
SENATE STAFF ANALYSIS AND EC01IOMIC IMPACT STIIJEMEiH
~
1. Charpentier
STAff DIBilll1B
Alberdi r I
1. J. C,-,-i v-,-,.,--_ .JUlL __ _
2. 2. Appro. -,Wll/.ld:D __ _
3. _________ _ 3. _________ _
BILL flo. AND SPONSOR:
Disinterested Witnesses HB 721 by Representatives Crawford and Si1ver
1. SUMMARY:
A. Present Situation:
There is no present statutory authorization requlrlng the reimbursement of witnesses for expenses incurred in complying with a subpoena duces tecum. or other order requiring them to produce documents in court. Presently. witnesses are entitled to a $5 per diem and 6 cents per mile fee. Any additional expense involved in complying with such an order must be borne by the witness.
B. Effect of Proposed Changes:
HB 721 would relieve a disinterested witness of the burden of having to bear the costs of producing summoned material. HB 721 provides that a disinterested witness, summoned to produce documents, records, other data, or copies thereof in certain judicial or admin,istrative proceedings, must be reimbursed for any reasonable costs directly in,curred in searching for, copying or otherwise reproducing, and transporting those documents.
In adversary proceedings before a court or administrative agency which is not an investigation or inquiry that includes a right to a public trial or hearing in the same proceeding, the responsibility for such expenses is to be fi xed by the court, agency, or offi cer before wh i ch the proceeding is pending.
In all other proceedings, payment shall be made by the person or governmental authority requesting issuance of the summons. Any disinterested witness who desires payment shall submit a request, supported by affidavit. to the person or governmental authority responsible for payment. If payment is not made within 30 days from the date the request is submitted, the witness may enforce such payment through a separate action.
Additionally, HB 721 defines the terms "disinterested witness," "documents," "proceeding," and "summons."
II. ECONOMIC IMPACT AND FISCAL NOTE:
A. Public:,
This bill would result in savings to disinterested parties now required to bear the costs of complying with such subpoenas or orders duces tecum. It is not possible to determine the amount of such savings at this time.
B. Government:
This bill would, in some instances, require various governmental entities to bear the costs of producing such subpoenaed documents; however, it is not possible to determine the exact costs at this time.
III. COMMENTS:
HB 721 was substituted for an identical bill, SB 475, by the Senate.
A substantially similar bill, SB 947, died in the Senate Committee on Rules and Calendar during the 1978 session.
