Current with legislation from 2024 Fiscal and Special Sessions.
Section 16-43-806 - State employee as a witness(a) If a state employee is subpoenaed as a witness to give a deposition or testimony at a hearing in state or federal court or before any body with power to issue a subpoena, the state employee is:(1) Entitled to retain any witness fees that may be tendered to him or her under state or federal law or court rules only if:(A) The matter is outside the employee's scope of state employment; or(B) The employee is a party to the matter other than as a representative of the state employer; and(2) Entitled to retain any mileage fees that may be tendered to him or her under state or federal law or court rules only if the matter is:(A) Within the employee's scope of state employment and the employee uses a personal vehicle for travel in obeying the subpoena and the employee's employer does not reimburse the employee for travel expenses; or(B) Outside the employee's scope of state employment and the employee does not use a state-owned vehicle for travel in obeying the subpoena.(b) If the state employee is subpoenaed for purposes under subsection (a) of this section to appear on a nonwork day, the employee may retain any witness and mileage fees tendered to him or her.Acts 2005, No. 1845, § 5.