PRIOR PRINTER'S NO. 289 PRINTER'S NO. 1079
No. 288 Session of 2001
INTRODUCED BY LYNCH, ALLEN, BARD, BARRAR, BASTIAN, BELARDI,
BELFANTI, BISHOP, CAPPABIANCA, CIVERA, CLARK, M. COHEN,
COLAFELLA, COLEMAN, DeLUCA, FAIRCHILD, FEESE, FRANKEL,
FREEMAN, GABIG, GRUCELA, HARHAI, HENNESSEY, HERMAN, HORSEY,
KELLER, LAUGHLIN, LEDERER, LEH, MICHLOVIC, R. MILLER,
S. MILLER, MUNDY, READSHAW, SATHER, SCHRODER, SCRIMENTI,
SEMMEL, SHANER, SOLOBAY, STABACK, STEELMAN, STURLA,
TANGRETTI, E. Z. TAYLOR, TIGUE, TRELLO, WANSACZ, WASHINGTON,
WILT AND ZUG, JANUARY 30, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 13, 2001
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for the
3 protection of employment of witnesses under subpoena; AND <--
4 AUTHORIZING THE ATTORNEY GENERAL TO ISSUE SUBPOENAS FOR THE
5 PURPOSE OF INVESTIGATING GASOLINE AND FUEL PRICES.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 42 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 5906. Protection of employment of witnesses under subpoena.
11 (a) General rule.--An employer may not deprive an employee
12 of the employee's employment, seniority position or benefits, or
13 threaten or otherwise coerce the employee with respect thereto,
14 because the employee receives and responds to a summons and
15 either appears as a witness or attends court as a prospective
1 witness due to the summons. Nothing in this section shall be
2 construed to require the employer to compensate the employee for
3 employment time lost because of an appearance as a witness or as
4 a prospective witness.
5 (b) Penalty.--Any employer who violates subsection (a)
6 commits a summary offense.
7 (c) Civil remedy available.--If an employer penalizes an
8 employee in violation of subsection (a) the employee may bring a
9 civil action for recovery of wages and benefits lost as a result
10 of the violation and for an order requiring the reinstatement of
11 the employee. Damages recoverable shall not exceed wages and
12 benefits actually lost. If the employee prevails, the employee
13 shall be allowed reasonable attorney fees fixed by the court.
14 (d) Exception.--Subsection (a) shall not apply to any <--
15 employer in any retail or service industry employing fewer than
16 15 persons or any employer in any manufacturing industry
17 employing fewer than 40 persons.
18 (e) Right to excuse.--An individual not entitled to
19 reemployment under subsection (a) shall, upon request to the
20 court, be excused from jury service.
21 SECTION 2. TITLE 42 IS AMENDED BY ADDING A CHAPTER TO READ: <--
22 CHAPTER 99
23 MISCELLANEOUS PROVISIONS
24 SUBCHAPTER A
25 ATTORNEY GENERAL
26 SEC.
27 9901. ATTORNEY GENERAL INVESTIGATION INTO ENERGY PRICES.
28 § 9901. ATTORNEY GENERAL INVESTIGATION INTO ENERGY PRICES.
29 (A) GENERAL RULE.--TO INVESTIGATE THE AVAILABILITY, SUPPLY
30 AND PRICE OF ENERGY IN PENNSYLVANIA, THE ATTORNEY GENERAL IS
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1 AUTHORIZED TO ISSUE SUBPOENAS FOR PERSONS AND DOCUMENTS THAT MAY
2 ASSIST THE ATTORNEY GENERAL IN INVESTIGATING THE CAUSES OF ANY
3 PRICE HIKES OF MORE THAN 50% TO PENNSYLVANIA CONSUMERS FOR
4 ENERGY IN ANY PERIOD UP TO A YEAR TO DETERMINE IF ANY FEDERAL OR
5 STATE CRIMES HAVE BEEN COMMITTED.
6 (B) DEFINITION.--AS USED IN THIS SECTION, "ENERGY" MEANS
7 NATURAL GAS, ELECTRICITY, GASOLINE, DIESEL FUEL, HEATING OIL,
8 KEROSENE AND PROPANE.
9 Section 2 3. This act shall take effect in 60 days. <--
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