What's happening
This bill increases the compensation limits for referees in civil cases and real property sales in New York.
Why it matters
Raises the daily pay for referees handling civil cases. from $250 to $350, potentially making it more attractive for experienced legal professionals to serve in these roles, which could improve the quality and efficiency of case management.
Increases the maximum compensation cap for referees overseeing real property sales. from $500 to $750 (unless the property sells for $50,000 or more), which better reflects the complexity and workload involved, especially as property values have risen since the previous cap was set.
May lead to higher costs for litigants or parties involved in civil and foreclosure proceedings. , as referee fees are typically paid out of proceeds or by the parties, possibly impacting the overall expenses of pursuing or defending such cases.
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Who cares
Headline styles
Increase Referee Pay Cap
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A5837
- Ordered to third reading cal.1961
- Committee discharged and committed to rules
- 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
Signed by Governor · Sponsor Joseph Lentol
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8351
IN SENATE
May 2, 2018
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to a referee's compensation
Purpose or general idea of bill
To amend the civil practice law and rules section 8003 regarding refer- ees fees.
Summary of provisions
This bill would amend the civil practice law and rules regarding referee rules. Section 8003(a) would now allow a referee to be 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 please. Section 8003(b) now increases a referee's compensation, including commissions, upon a sale pursuant to a judgement in any action which cannot exceed 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.
Justification
Generally, a referee is entitled, for each day spent in the business of reference, to fifty dollars unless a different compensation is fixed by the courts or by consent in writing of all parties not in default for failure to appear or plead. It has been increasingly difficult to attract lawyers to take on such appointments because of the low prices.
Prior legislative history
1997: S.2293-A - Referred to Codes 1996: S.7527 - Referred to Rules
Fiscal implications
None
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.