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History
- Referred to rules
Full text
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Sponsor's memo
Title of bill
An act to amend the New York city civil court act, in relation to the annual fees paid by city marshals to the city of New York
Purpose
To increase the annual assessment rate at which payment is made by the Marshals to the City of New York.
Summary of provisions
Section 1. Amends subdivisions 1 and 2 of Section 1611 of the New York City Civil Court Act (CCA), as amended by Chapter 11 of the laws of 2003, which require New York City Marshals to pay annual fees, also called assessments, to the City of New York. Specifically, subsection 1, concerning the payment of a $1,500 annual fee by every City Marshal who serves in office during any part of the calendar year, is amended to provide for payment of a $2,000 annual fee by every City Marshal who serves in office during any part of the calendar year. Subsection 2 is amended to provide for an increase in the rate at which the annual payment by the Marshals to the City is computed. The rate is increased from 4.5% to 5.5% of gross fees, including poundage.
Read the full memo (627 words)
Justification
The Appellate Divisions of the State Supreme Court, First and Second Departments, through a series of Joint Administrative Orders (JAOs), have delegated to the Commissioner of the New York City Department of Investigation (DOI) responsibility for supervising the New York City Marshals, in accordance with Article 16 of the CCA. DOI, through its Bureau of City Marshals, issues and enforces directives, subject to the Appellate Divisions' approval, governing the Marshals' performance of their official duties. DOI compiles its directives in the New York City Marshals Handbook of Regulations, which is distributed to all City Marshals and is available to the public on DOI's internet site and at the City's municipal library.
Additionally, specific DOI responsibilities include:
-assisting the Mayor's Committee on City Marshals, CCA § 1601; -conducting background investigations of current and prospective training Marshals, CCA § 1601-a; JAO 490; -auditing Marshals' official financial records, JAO 453; -monitoring Marshals' compliance with various statutory and administrative requirements, JAO 453; -conducting investigations involving the Marshals and referring the results, where indicated, for criminal prosecution, NYC Charter § 803; JAO 453; -taking appropriate disciplinary and administrative action in cases of misconduct or incompetence by Marshals and their employees and contractors, JAO 453; Marshals Handbook, Chapter I, § 1-15; -closely monitoring Marshals' compliance with rules intended to protect elderly and disabled tenants facing eviction, Marshals Handbook, Chapter IV, § 6-6; -closely supervising Marshals in particularly sensitive cases, such as evictions of schools, day care centers, and similar institutions, and in emergencies, such as major storms, power outages, and the aftermath of the events of September 11, 2001; -responding to Marshals' requests for guidance, JAO 453; and -resolving a broad range of formal and informal complaints and inquiries from the public, the courts, private lawyers, and public agencies, JAO 453.
In 1976, the Legislature authorized the imposition of fees upon City Marshals to defray the City's cost of supervising them. Legislation enacted in 1979 raised the annual assessment that the Marshals pay to the City from 2.75% to 3.5% of the Marshals' gross fees. In 2003, the assessment was raised from 3.5% to 4.5%. The assessment formula has not been increased since that time.
The proposed increases are intended to defray the costs of the Department of Investigation's Marshal Bureau, charged with oversight and supervision of the New York City Marshals.
Legislative history
New bill.
Fiscal implications
Since fees are paid by the debtor/creditor as appropriate, there will be a modest increase in the revenue for the City of New York.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.