§ 28-84.1. Employee of state or political subdivision testifying on matter pertaining to their employment - Witness fees - Other reimbursement.

A.  Any employee of the state or any political subdivision thereof who is subpoenaed as a witness to testify on any matter pertaining to their employment, including any investigation conducted by the employee as a duty of said employment for which he is fully compensated, shall not be entitled to receive the witness fee and reimbursement for mileage provided for in Section 81 of this title, except as provided for in subsection B of this section.  However, if the employee is required by the subpoena to testify in a county other than his county of residence or employment, he shall be entitled to receive reimbursement pursuant to the State Travel Reimbursement Act in accordance with Section 82 of this title.  No such witness shall receive such reimbursement in more than one case covering the same period of time or the same travel.  Each such witness shall be required to make oath that the amounts claimed for reimbursement have not been claimed or received in any other case or from any other source.

B.  It is the intent of the Legislature that court appearances should not adversely affect the education of students enrolled in school districts in this state.  To the extent possible, court appearances of public school district employees should be scheduled to minimize the disruption of class time.  If a school district employee is subpoenaed to appear as a witness in a civil court proceeding, except in a proceeding in which the school district or the state is a party, the school district shall be entitled to a witness fee equal to the amount of the substitute teacher cost, not to exceed One Hundred Dollars ($100.00) per day.

Added by Laws 1984, c. 92, § 1, eff. July 1, 1984.  Amended by Laws 1985, c. 166, § 5, operative July 1, 1985; Laws 2005, c. 192, § 2, eff. Nov. 1, 2005; Laws 2010, c. 316, § 1, eff. Nov. 1, 2010.