SSB 1067 (LSB 1277XD (3) 88)

SENATE/HOUSE FILE _____

BY  (PROPOSED JUDICIAL BRANCH BILL)

A BILL FOR

An Act relating to reimbursement of witness mileage expenses. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 622.69, subsection 1, Code 2019, is amended to read as follows:
   1.  Witnesses shall receive ten dollars for each full day’s attendance, and five dollars for each attendance less than a full day, and mileage expenses pursuant to section 602.1509
reimbursement for actual and necessary expenses incurred for each mile actually traveled in the performance of duties, not to exceed a maximum rate established by the supreme court.  The supreme court shall prescribe procedures to establish the maximum rate, terms, and conditions for reimbursement of the expenses.
    Sec. 2.  Section 819.3, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   A witness named in an order described in section 819.2 is entitled to ten cents per mile reimbursement of the actual and necessary expenses incurred for each mile traveled by the most direct route to and from the proceedings the witness is required to attend, not to exceed a maximum rate established by the supreme court, and is also entitled to ten dollars per day for each day spent in such travel or in attending the proceedings as a witness.  The supreme court shall prescribe procedures to establish the maximum rate, terms, and conditions for reimbursement of the expenses.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to reimbursement of witness mileage expenses. The bill amends Code section 622.69 (witness fees) to provide that a witness no longer receives mileage expenses pursuant to Code section 602.1509, but instead receives reimbursement for actual and necessary expenses incurred for each mile actually traveled in the performance of duties, not to exceed a maximum rate established by the supreme court. The bill provides that the supreme court shall prescribe procedures to establish the maximum rate, terms, and conditions for reimbursement of the expenses. 
   The bill also amends Code section 819.3 (fees and enforcement of order) to provide that a witness named in an order described in Code section 819.2 (witnesses from another state required to testify in this state) is no longer entitled to 10 cents per mile but rather to reimbursement of the actual and necessary expenses incurred for each mile traveled by the most direct route to and from the proceeding the witness is required to attend, not to exceed the maximum rate established by the supreme court. Additionally, the bill provides that the supreme court shall prescribe procedures to establish the maximum rate, terms, and conditions for reimbursement of the expenses.