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<br /> § 68096.1 GOVERNVI[ENT CODE
<br /> § 68096.1. City and county employees subpoenaed as witnesses; compensation and expenses•'
<br /> reimbursement
<br /> (a) Any employee of a city, county, or city and county who is obliged by a subpoena to attend a
<br /> civil action or proceeding as a witness in litigation in a matter regarding an event or transaction
<br /> which he or she perceived or investigated in the coarse of his or her duties,to which that city,county,
<br /> or city and county is not a party,shall receive the salary or other compensatiaa to which he or she is
<br /> normally entitled from that city, county,or city and county daring the time that he or she prepares
<br /> for his or her response and appearance,during the time that he or she travels to and from the place
<br /> where the court or other tribunal is Iocated and while he or she is required to remain at that place
<br /> pursuant to the subpoena. He or she shall also receive from that city,county,or city and county the
<br /> actual necessary and reasonable traveling expenses he or she incurred in complying with the
<br /> subpoena.
<br /> (b) The party at whose request the subpoena is issued shall reimburse the city,county,or city and
<br /> county for the full cost incurred by the city,county,or city and county in paying the employee his or
<br /> her salary or other compensation and traveling expenses as provided for in this section, for each day
<br /> that the employee is required to remain in attendance pursuant to the subpoena. The amount of one
<br /> hundred fifty dollars($15o),together with the subpoena,poem,shall be tendered to that city,county,or city
<br /> Addlttons or changes Indicated by underiln4K deletions by asterisks • •
<br /> and county for each day that the employee is required to remain in attendance pursuant to the
<br /> subpoena,
<br /> (c) If the actual expenses should later prove to be less than the amount tendered,the excess of the
<br /> amount tendered shall be refunded.
<br /> (d) If the actual expenses should later prove to be more than the amount tendered, the difference
<br /> shall paid to the city,county,or city and county by the party at'Whose request the subpoena was
<br /> issu(e) If a court continues a proceeding on its own motion,no additional witness fee shall be required
<br /> prior to the issuance of a subpoena or the malting of any order directing the employee to appear on
<br /> the date to which the proceeding is continued.
<br /> (Added by Stats.I991, c. 230(S.B.109), § 2.)
<br /> § 68097. Witness fees and mileage; civil cases; demand for advance payment; member of the
<br /> California highway patrol defined
<br /> Witnesses in CM cases may demand the payment of their mileage and fees for one day, in
<br /> advance,and when so demanded shall not be compelled to attend until the allowances are paid except
<br /> as hereinafter provided for employees of the Department of Justice who are peace officers or
<br /> analysts in technical fields, members of the California Highway Patrol, members of the California
<br /> State Police peace officer members of the State Fire Marshal's office, other state emu ovees
<br /> s ern s,deeputy sheriffs, marshals, deputy marshals, fmfighters, and city ce officers
<br /> For the purposes of this section and Sections 68097.1 through 68097.10, the term "member of the
<br /> California Highway Patrol" shall include those persons employed as vehicle inspection specialists by
<br /> the California Highway Patrol.
<br /> (Amended by Stats.1977, c. 471, e. 1534, § 1; Stats.1977, C. 593, p. 1964, § 1.5; Stats.1992, c. 381
<br /> (S.B.1546), § 1, eff.July 30, 1992; Stats.1992, c. 887 (A.B.3816), § 1.5.)
<br /> Historical and Statutory Notes
<br /> 1977 LesishWon Therefore.Sections 1.5,2.5,3.5,4.5,5.5.65,7.5 and 8.5
<br /> Effect of amendment of section by two or more acts of this act shall become operative only if this bill and
<br /> at the same session of the legislature,see Government Assembly BM No. 695 are both chaptered and become
<br /> Code § 9605. effective January 1, 1978, both amend Sections 68098,
<br /> Section 9 of Stats.1977, c. 593. p. 1969, provided. 68097.1, 68097.2 68097.5, 68097.6, 68097.7, 68097.9.
<br /> "It is the intent of the Legislature, if this bill and 68097.10.and this bill is chaptered after Assembly Bell
<br /> Assembly Bell No. 695 (Stars.1977, e. 471] are both No.695,in which case Sections 1.2.3.4,5,6,7,and 8
<br /> chaptered and become effective January 1. 1978, both of this act shall not become operative"
<br /> bills amend Sections 68097, 68097.1, 68097.2, 68097.5,
<br /> 68097.6 68097.7, 66047.9. and 6$097.10 of the Govern- 1992 1.Moslation
<br /> ment Code[all of these sections were so amended]and Under the provisions of 1 11 of Stara-1992 c-887,the
<br /> this bill is chaptered after Assembly Bell No. 695. that 1992 amendments of this section by c. 381 and c. 887
<br /> the amendments to Sections 68097, 68097.1. 68097.2, were given effect and incorporated in the form set forth
<br /> 68097.5, 68M.6. 68097.7. 68097.9, and 68098.10 pro- in§ 1 of Stats.1992,C 381,operative until Jan- 1.1993.
<br /> Posed by both bells be given effect and incorporated in then in the formset forth in§ 1.5 of Stata.l992 a 887.
<br /> Secdoas 68097• 6609=•1+ 68x47 2 68{147.5, 68097.6, Amendment of this section by§ 1 of Stats.I992,a 887,
<br /> 68097.7. 68097.9.and 58097.10 in flee form set torch in failed to become operative under the provisions of§ LI
<br /> Sections 1.5,25,3.5,4.5,5.5,6.5,7.5 and 8.5 of this act of that Act.
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