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A11139Assembly2009-2010 SessionSame asS7866

Increases the fixed fees imposed for the services provided by sheriffs and city marshalls

Sponsor Peter RiveraAD-76Affects Legal
Status
In Assembly Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Judiciary

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Who cares

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Sponsors

Primary sponsor
Peter Rivera

Assembly Member · Assembly District 76

No co-sponsors yet.

History

  1. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S7866Senate

Increases the fixed fees imposed for the services provided by sheriffs and city marshalls

In Senate Committee · Codes · Sponsor Jeffrey D. Klein

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A11139

Title of bill

An act to amend the civil practice law and rules, in relation to increasing the fixed fees for services provided by sheriffs

Purpose

To increase the fixed fees for New York City sheriffs and marshals in performance of certain duties.

Summary of provisions

Section 1. Amends Section 8011 of the Civil Practice Law and Rules, to increase the fixed fees for sheriffs and marshals.

Section 2. Amends Section 8012 of the Civil Practice Law and Rules, to increase the fixed fees for mileage in furtherance of the duties of marshals of the city of New York.

Section 3. Effective date.

Justification

Sheriffs and Marshals in New York City perform a multi- tude of services to assist creditors in satisfying claims they have successfully litigated, including:

* levy or execution upon real or personal property;

* income execution;

* recovery of chattel; and

* eviction or sales of real or personal property.

The expenses associated with the performance of these services are not reimbursed based on actual disbursements, but rather in accordance with a schedule of modest fees fixed in statute. These fees were last raised in Ch. 655 of L. 2002, and the mileage was last increased in Ch. 337 L. 2000. During this time period, costs of supplies, support staff wages and office overhead are continually on the rise, as are gas prices.

In New York City gas prices averaged about $1.89 per gallon at the time of the last increase, over $1.00 less per gallon than present-day costs. The Consumer Price Index (CPI), meanwhile, has increased by almost 203 since 2002.

This legislation will ensure that the fees sheriffs and marshals receive more accurately reflect the actual costs associated with the critical functions they perform.

Legislative history

New bill

Fiscal implications

Since the fees are paid by the debtor/creditor as appropriate, there will be a modest increase in the City of New York revenue.

Effective date

This act shall take effect 90 days after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.