What's happening
This bill increases the standard and maximum compensation for referees in New York civil proceedings.
Why it matters
Raises compensation for referees. , which could attract more experienced or qualified individuals to serve in these roles, potentially improving the quality and efficiency of civil proceedings.
Adjusts for inflation and increased cost of living. , addressing the fact that prior compensation levels may have become outdated since the last legislative update, and helping referees keep pace with economic realities.
May increase overall costs for parties involved in civil litigation. , since higher referee fees could be passed on to litigants, possibly affecting access to justice for individuals or smaller entities.
Signals a recognition of the referee’s critical role. in property sales and other judicial processes, potentially leading to more thorough oversight and fairness in complex civil cases.
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Who cares
Court-appointed referees
The bill would raise their default daily compensation from $50 to $350, unless the court or eligible parties set a different amount.
Referees selling real property
The bill would raise the compensation cap, including commissions, from $500 to $750, while retaining court discretion to award more when property sells for at least $50,000.
Parties in cases involving referees
They would face higher default referee fees, though all parties not in default for failing to appear or plead could still agree in writing to different compensation.
Courts appointing referees
They would retain authority to set different daily compensation and approve additional compensation for qualifying real-property sales.
Headline styles
Increase Referee Pay Cap
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.376
- Delivered to governor
- Returned to assembly
- Passed senateVote 61–1
- 3rd reading cal.1961
- Substituted for S8351
- Referred to judiciary
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.790
- Reported
- Referred to judiciary
Show 1 earlier action
- 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.
Increase Referee Pay Cap
Senate Floor Calendar · Sponsor Martin J. Golden
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5837
2017-2018 Regular Sessions
IN ASSEMBLY
February 16, 2017
Introduced by M. of A. LENTOL -- read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to a referee's compensation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 8003 of the civil practice law and rules, as amended by chapter 700 of the laws of 1976, subdivision (b) as amended by chapter 225 of the laws of 1996 and subdivision (c) as added by chapter 840 of the laws of 1983, is amended to read as follows:
§ 8003. Referees. (a) Generally. A referee is entitled, for each day spent in the business of the reference, to three hundred fifty dollars unless a different compensation is fixed by the court or by the consent in writing of all parties not in default for failure to appear or plead.
(b) Upon sale of real property. A referee appointed to sell real property pursuant to a judgment is entitled to the same fees and disbursements as those allowed to a sheriff. Where a referee is required to take security upon a sale, or to distribute, apply, or ascertain and report upon the distribution or application of any of the proceeds of the sale, he or she is also entitled to one-half of the commissions upon the amount secured, distributed or applied as are allowed by law to an executor or administrator for receiving and paying out money. Commissions in excess of fifty dollars shall not be allowed upon a sum bid by a party, and applied upon that party's judgment, without being paid to the referee. A referee's compensation, including commissions, upon a sale pursuant to a judgment in any action cannot exceed [five] seven hundred fifty dollars, unless the property sold for fifty thousand dollars or more, in which event the referee may receive such additional compensation as to the court may seem proper.
(c) This section shall not apply to judicial hearing officers who have been designated referees.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09610-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.