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        PRIOR PRINTER'S NO. 42                         PRINTER'S NO. 934

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 40 Session of 1989


        INTRODUCED BY LLOYD, KOSINSKI, WOGAN, HALUSKA, JOHNSON, VEON,
           DOMBROWSKI, E. Z. TAYLOR, MRKONIC, SCHEETZ, RAYMOND, NOYE,
           CAWLEY, STUBAN, ITKIN, GODSHALL, COLAIZZO, KAISER, PRESTON,
           PETRARCA, CAPPABIANCA AND BELARDI, JANUARY 18, 1989

        AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MARCH 14, 1989

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     compensation and expenses of witnesses.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 5903(b) and (c) of Title 42 of the
     7  Pennsylvania Consolidated Statutes are amended to read:
     8  § 5903.  Compensation and expenses of witnesses.
     9     * * *
    10     (b)  Compensation.--Every witness, except a salaried police
    11  officer attending a coroner's inquest during working hours or an
    12  employee of the Commonwealth attending a CIVIL proceeding during  <--
    13  working hours in his capacity AND WITHIN HIS SCOPE OF EMPLOYMENT  <--
    14  as an employee of the Commonwealth, shall be paid at the rate of
    15  $5 per day during the necessary period of attendance. A witness
    16  under the act of March 30, 1937 (P.L.115, No.40), known as
    17  ["]The First Class City Permanent Registration Act["], shall be

     1  paid at the rate of $20 per day. An employee of the Commonwealth
     2  WHO ATTENDS A CIVIL PROCEEDING DURING WORKING HOURS IN HIS        <--
     3  CAPACITY AND WITHIN HIS SCOPE OF EMPLOYMENT AS AN EMPLOYEE OF
     4  THE COMMONWEALTH shall be paid at the per day rate of
     5  compensation he is entitled to receive for work performed for
     6  the Commonwealth.
     7     (c)  Travel.--Every witness, except a salaried police officer
     8  attending a coroner's inquest during working hours or an
     9  employee of the Commonwealth attending a CIVIL proceeding during  <--
    10  working hours in his capacity AND WITHIN HIS SCOPE OF EMPLOYMENT  <--
    11  as an employee of the Commonwealth, shall be paid mileage at the
    12  rate of 7¢ for each mile circular actually and necessarily
    13  travelled between the place named in the subpoena and the place
    14  of residence of the witness. An employee of the Commonwealth WHO  <--
    15  ATTENDS A CIVIL PROCEEDING DURING WORKING HOURS IN HIS CAPACITY
    16  AND WITHIN HIS SCOPE OF EMPLOYMENT AS AN EMPLOYEE OF THE
    17  COMMONWEALTH shall be paid mileage at the per mile rate he is
    18  entitled to receive for official travel performed for the
    19  Commonwealth.
    20     * * *
    21     Section 2.  This act shall take effect in 60 days.






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