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S7866Senate2009-2010 SessionSame asA11139

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

Sponsor Jeffrey D. KleinSD-34Affects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Sponsors

Primary sponsor
Jeffrey D. Klein

Senator · Senate District 34

No co-sponsors yet.

History

  1. Referred to codes

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.

A11139Assembly

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

In Assembly Committee · Judiciary · Sponsor Peter Rivera

Full text

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

Sponsor's memo

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 multitude 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 20% 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

Ch. 655 L. 2002; Ch. 337 L. 2000

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.