Increases the mileage fees in the city of New York imposed for the services provided by sheriffs

7 Co-sponsors

• Martin Malavé Dilan
• Adriano Espaillat
• Martin J. Golden
• Ruth Hassell-Thompson
• Andrew J. Lanza
• Diane J. Savino
• Toby Ann Stavisky

BILL NUMBER:S3567A

Title of bill

An act to amend the civil practice law and rules, in relation to increasing the mileage fees in the city of New York for services provided by sheriffs

Purpose

To increase the mileage fees that may be collected by sheriffs and marshals of the City of New York for travel that occurs completely within the City of New York.

Summary of provisions

Section 1. Amends Section 8012 of the Civil Practice Law and Rules, to gradually increase the fixed fees for mileage in furtherance of the duties carried out, by sheriffs and marshals of the City of New York from $25.00 to $30.00 in first year of operation of this law and then increasing the fee to $35.00 in the second year after this bill goes into effect.

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: A) levy or execution upon real or personal property; B) income execution; C) recovery of chattel; and D) 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 fees fixed in statute. The mileage reimbursement was last increased in Ch. 337 L. 2000. During this time period the cost of gas and motor vehicle operating costs have risen substantially.

In New York City, gas prices averaged about $1.89 per gallon at the time of the last mileage fee increase in 2000. Since 2000, the price of gas has increased well over 100 percent to over $4.00 per gallon. Further, the Consumer Price Index (CPI), meanwhile, has increased by almost 209 % since 2002 for other operating costs such as the cost of operating a motor vehicle.

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

Legislative history

2012 - S.3304-A - Advanced to Rules Committee 2010 - S.7866 - REFERRED TO CODES; A.11139 - Referred to Judiciary 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 30 days after it shall have become a law.