Removal Clarification Act of 2010

Bill: 111-hr-6560
Sponsor: Rep. Johnson, Henry C. "Hank," Jr. [D-GA-4]
Introduced: 2010-12-21 in the House
Policy area: Law
Subjects: Civil actions and liability
Criminal investigation, prosecution, interrogation
Evidence and witnesses
Federal district courts
Jurisdiction and venue

Summary:
action_date: 2010-12-21
text: 
Removal Clarification Act of 2010 - Revises the federal judicial code to provide that a civil action or criminal prosecution that is commenced in a state court and that is against or directed to the United States or a federal agency or officer, or specified others, may be removed to an appropriate U.S. district court. 
 
Declares that civil actions and criminal prosecutions include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. Limits removal of such a proceeding, if there is no other basis for removal, to only that specific proceeding, with the remainder of the civil action or criminal proceeding to remain in state court.
 
Declares that the 30-day notice of removal requirement shall be satisfied in any such civil or criminal proceeding in which such a judicial order is sought, or issued, or sought to be enforced, if the person or entity desiring to remove the proceeding files notice of removal not later than 30 days after receiving, through service, notice of the proceeding. 
 
Provides that the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled &quot;Budgetary Effects of PAYGO Legislation&quot; for this Act, provided that such statement has been submitted prior to the vote on passage.

action_date: 2010-12-22
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
Removal Clarification Act of 2010 - Revises the federal judicial code to provide that a civil action or criminal prosecution that is commenced in a state court and that is against or directed to the United States or a federal agency or officer, or specified others, may be removed to an appropriate U.S. district court. 
 
Declares that civil actions and criminal prosecutions include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. Limits removal of such a proceeding, if there is no other basis for removal, to only that specific proceeding, with the remainder of the civil action or criminal proceeding to remain in state court.
 
Declares that the 30-day notice of removal requirement shall be satisfied in any such civil or criminal proceeding in which such a judicial order is sought, or issued, or sought to be enforced, if the person or entity desiring to remove the proceeding files notice of removal not later than 30 days after receiving, through service, notice of the proceeding. 
 
Provides that the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled &quot;Budgetary Effects of PAYGO Legislation&quot; for this Act, provided that such statement has been submitted prior to the vote on passage.


Legislative actions:
action_date: 2010-12-22
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2010-12-22
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-12-22
text: On passage Passed without objection. (text: CR H8976)
action_date: 2010-12-22
text: Passed/agreed to in House: On passage Passed without objection.(text: CR H8976)
action_date: 2010-12-22
text: Considered by unanimous consent. (consideration: CR H8976-8977)
action_date: 2010-12-22
text: Mr. Johnson (GA) asked unanimous consent to discharge from committee and consider.
action_date: 2010-12-22
text: Committee on Judiciary discharged.
action_date: 2010-12-22
text: Committee on The Budget discharged.
action_date: 2010-12-22
text: Committee on Judiciary discharged.
action_date: 2010-12-22
text: Committee on The Budget discharged.
action_date: 2010-12-21
text: Referred to House Budget
action_date: 2010-12-21
text: Referred to the Committee on the Judiciary, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2010-12-21
text: Referred to House Judiciary
action_date: 2010-12-21
text: Introduced in House
action_date: 2010-12-21
text: Introduced in House