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A03498 Summary:

BILL NOA03498A
 
SAME ASSAME AS S05808-A
 
SPONSORDinowitz
 
COSPNSR
 
MLTSPNSR
 
Amd §8011, CPLR
 
Increases the various fixed fees for the provision of certain services by the sheriff.
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A03498 Actions:

BILL NOA03498A
 
02/03/2023referred to judiciary
05/23/2023reported referred to ways and means
06/01/2023reported referred to rules
01/03/2024referred to ways and means
02/21/2024amend and recommit to ways and means
02/21/2024print number 3498a
06/06/2024reported referred to rules
06/07/2024reported
06/07/2024rules report cal.592
06/07/2024substituted by s5808a
 S05808 AMEND=A FERNANDEZ
 03/16/2023REFERRED TO JUDICIARY
 05/23/20231ST REPORT CAL.1244
 05/24/20232ND REPORT CAL.
 05/30/2023ADVANCED TO THIRD READING
 06/10/2023COMMITTED TO RULES
 01/03/2024REFERRED TO JUDICIARY
 02/15/2024AMEND AND RECOMMIT TO JUDICIARY
 02/15/2024PRINT NUMBER 5808A
 05/14/20241ST REPORT CAL.1091
 05/15/20242ND REPORT CAL.
 05/16/2024ADVANCED TO THIRD READING
 06/05/2024PASSED SENATE
 06/05/2024DELIVERED TO ASSEMBLY
 06/05/2024referred to ways and means
 06/07/2024substituted for a3498a
 06/07/2024ordered to third reading rules cal.592
 06/07/2024passed assembly
 06/07/2024returned to senate
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A03498 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3498A
 
SPONSOR: Dinowitz
  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 OF BILL: To increase the statutorily fixed fees for New York City sheriffs and marshals to perform their duties so that such rates and fees reflect the rate of inflation since such rates were last increased in 2002.   SUMMARY OF PROVISIONS: Section 1: Amends Section 8011 of the Civil Practice Law and Rules, to increase the fixed fees for sheriffs and marshals for the performance of their duties so that such fees reflect the rate of inflation since such rates were last increased in 2002. Section 2: Effective date.   JUSTIFICATION: Sheriffs and Marshals in New York City perform a multitude of services to assist creditors in satisfying claims they have successfully liti- gated, 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 expenses, but rather in accordance with a schedule of modest fees fixed in statute. These fees were last raised in Ch. 655 of L. 2002. During this time-period, costs of supplies, support staff wages and office overhead are continually on the rise, as are gas prices. Since 2002, the last time that the service rates were increased for Sheriffs and NYC Marshals, the Consumer Price Index (CPI) has increased by at least 36%. However, since the fees specified in statue are not indexed to inflation, the effect of this situation is that the effective rate of these statutory fees has decreased by 36%. Under this bill, the service fees have beet increased by 33%, hence this bill brings back the effective rate of such service fees to perform such services back to what they were, in real terms, to 2002. This legislation will ensure that the fees that such sheriffs and marshals receive more accurately reflects the actual costs associated with the critical functions that they perform.   LEGISLATIVE HISTORY: 2021-22: A.1291- Referred to Judiciary / S.4643 - Referred to Judiciary 2020:A.2361- Passed the Assembly/5.4239- Referred to Judiciary 2019:A.2361- Passed the Assembly/S.4239- Referred to Judiciary 2018:A.9832- Reported to Rules /S.5110 -Reported to Finance   FISCAL JMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect 90 days after it shall have become a law.
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A03498 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3498--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 3, 2023
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Judiciary -- reported and referred to the Committee on Ways and
          Means  -- reported and referred to the Committee on Rules -- recommit-
          ted to the Committee on Ways and Means  in  accordance  with  Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the  civil  practice  law  and  rules,  in  relation  to
          increasing the fixed fees for services provided by sheriffs
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 8011 of  the  civil  practice  law  and  rules,  as
     2  amended  by  chapter 655 of the laws of 2002, subdivision (h) as amended
     3  by chapter 36 of the laws of 2007, is amended to read as follows:
     4    § 8011. Fixed fees of sheriffs. For the services specified, a  sheriff
     5  is  entitled  to the following fees and, where indicated, these shall be
     6  paid in advance.
     7    (a) Order of attachment.
     8    1. For receiving an order of attachment, entering it in the  appropri-
     9  ate  books,  and  return  when  required,  [fifteen]  twenty dollars, in
    10  advance.
    11    2. For levying upon real or personal property, [forty] fifty  dollars,
    12  in advance.
    13    3.  For  each additional levy upon real or personal property by virtue
    14  of an order of attachment, [forty] fifty dollars, in advance.
    15    4. For serving a copy of an order of attachment on  a  defendant,  and
    16  for  serving  a  copy  on  each  additional  defendant, [fifteen] twenty
    17  dollars, in advance.
    18    5. For serving a summons with or without a complaint, [fifteen] twenty
    19  dollars, in advance.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00598-03-4

        A. 3498--A                          2
 
     1    6. For making and filing a description of real property, or an  inven-
     2  tory  of personal property, levied upon by virtue of an order of attach-
     3  ment, or an estimate of the value thereof, [fifteen] twenty dollars.
     4    7.  Mileage  for services covered in paragraphs two, three and four of
     5  this subdivision, in advance, provided, however, that where the services
     6  covered in such paragraphs are performed at the  same  time  and  place,
     7  there shall be only one mileage fee.
     8    (b) Property execution.
     9    1.  For  receiving  an  execution against property, entering it in the
    10  appropriate books, and return when required, [fifteen]  twenty  dollars,
    11  in  advance,  except  that in an execution which arises out of an action
    12  brought pursuant to article eighteen of the uniform district court  act,
    13  article  eighteen of the uniform city court act, article eighteen of the
    14  New York city civil court act or article eighteen of the uniform justice
    15  court act, the fees provided in this subdivision shall not be  collected
    16  in advance.
    17    2.  For  levying  upon  property  by virtue of an execution, [fifteen]
    18  twenty dollars.
    19    3. For making an inventory of property levied upon  by  virtue  of  an
    20  execution, [fifteen] twenty dollars.
    21    4.  Mileage  for  services covered in paragraphs two and three of this
    22  subdivision, in advance,  provided  however,  that  where  the  services
    23  covered  in  such paragraphs are performed at the same time, there shall
    24  be only one mileage fee.
    25    (c) Income execution; service upon judgment debtor.
    26    1. For receiving an  income  execution,  entering  it  in  appropriate
    27  books, and return when required, [fifteen] twenty dollars, in advance.
    28    2.  For  serving  the  income  execution  upon  the  judgment  debtor,
    29  [fifteen] twenty dollars, in advance.
    30    3. Mileage for service covered in paragraph two of  this  subdivision,
    31  unless such execution is served by mail.
    32    (d)  Income  execution; levy upon default or failure to serve judgment
    33  debtor.
    34    1. For serving an income execution, entering  it  in  the  appropriate
    35  books, and return when required, [fifteen] twenty dollars, in advance.
    36    2. For levying upon the money that the judgment debtor is receiving or
    37  will receive, [fifteen] twenty dollars, in advance.
    38    3.  Mileage  for services covered in paragraph two of this subdivision
    39  unless such levy is made by mail.
    40    (e) Recovery of chattel.
    41    1. For receiving an order to  recover  chattel,  entering  it  in  the
    42  appropriate  books,  and return when required, [fifteen] twenty dollars,
    43  in advance.
    44    2. For executing the order of seizure against the defendant's  chattel
    45  or chattels, [seventy-five] one hundred dollars, in advance.
    46    3.  For executing the order of seizure against the chattel or chattels
    47  of an additional defendant or any other person in whose possession  said
    48  chattel or chattels may be found, [forty] fifty dollars, in advance.
    49    4.  For  serving  an additional copy of the required papers, [fifteen]
    50  twenty dollars, in advance.
    51    5. For serving the summons with  or  without  a  complaint,  [fifteen]
    52  twenty dollars, in advance.
    53    6.  Mileage  for  services  covered in paragraphs two, three, four and
    54  five of this subdivision, in advance, provided however, that  where  the
    55  services  covered  in such paragraphs are performed at the same time and
    56  place, there shall be only one mileage fee.

        A. 3498--A                          3
 
     1    (f) Summary proceeding.
     2    1. Notice of petition and petition.
     3    (i)  For  receiving  a  notice  of petition and petition, obtaining an
     4  index number when required, entering it in the  appropriate  books,  and
     5  return, [fifteen] twenty dollars, in advance.
     6    (ii) For serving the notice of petition on a tenant or other person in
     7  possession, [fifteen] twenty dollars, in advance.
     8    (iii)  For  serving  the notice of petition on each additional tenant,
     9  undertenant, subtenant, person or persons in possession,  or  person  or
    10  persons  not  in  possession  to be served, [fifteen] twenty dollars, in
    11  advance.
    12    (iv) For making an  affidavit  of  military  or  nonmilitary  service,
    13  [fifteen] twenty dollars for each affidavit, in advance.
    14    (v)  Mileage  for  services covered in subparagraph (ii) of this para-
    15  graph, and where person or persons named  in  the  petition  are  to  be
    16  served  at  an address or addresses other than the premises described in
    17  the petition, additional mileage shall be paid, in advance, except where
    18  two or more notices of petition are to be served at the same time, with-
    19  in the same site or location, there shall be only one mileage fee.
    20    2. Warrant of eviction or any mandate requiring delivery of possession
    21  of real property and removal of person or persons in possession.
    22    (i) For requisitioning, receiving, entering in the appropriate  books,
    23  and  for  the  return  of  a  warrant  of eviction or any other mandate,
    24  fifteen dollars, in advance.
    25    (ii) For service of notice of eviction on a person or  persons  to  be
    26  served, fifteen dollars for each person to be served, in advance.
    27    (iii)  Mileage  of services covered in subparagraph (ii) of this para-
    28  graph, in advance, except where two or more notices of eviction  are  to
    29  be  served  at  the  same  time, within the same site or location, there
    30  shall be only one mileage fee.
    31    (iv) For executing a warrant of eviction or any mandate requiring  him
    32  or  her  to  put  a  person  in possession of real property and removing
    33  person or persons in possession, seventy-five dollars, in advance.
    34    (v) Mileage for services covered in subparagraph (iv)  of  this  para-
    35  graph, in advance.
    36    (g) Sales.
    37    1. For posting of notice, including advertising real or personal prop-
    38  erty  for  sale by virtue of an execution, order of attachment, or other
    39  mandate, or in pursuance of a direction contained in a judgment, or  for
    40  a notice of postponement of a sale, [fifteen] twenty dollars.
    41    2.  For drawing and executing a conveyance upon a sale of real proper-
    42  ty, [twenty] twenty-five dollars, to be paid by the grantee, in advance.
    43    3. For attending a sale of real or personal property, [fifteen] twenty
    44  dollars.
    45    4. For conducting a sale of real or personal property, [fifteen] twen-
    46  ty dollars.
    47    5. Mileage for services covered in paragraphs three and four  of  this
    48  subdivision  provided,  however, that where the services covered in such
    49  paragraphs are performed at the same time and place, there shall be only
    50  one mileage fee.
    51    (h) Summons, subpoenas and other mandates.
    52    1. For serving a summons, with or without a complaint or  notice,  for
    53  serving  a  subpoena,  or  for  serving  civil process, [fifteen] twenty
    54  dollars, in advance.
    55    2. For serving or executing an order of arrest, or any  other  mandate
    56  for  the  service  or  execution  of  which no other fee is specifically

        A. 3498--A                          4

     1  prescribed by law, [forty-five] fifty-five dollars, in  advance,  except
     2  that  when  a  court has directed the service of an order of protection,
     3  there shall be no fee for service of  such  order  and  of  any  related
     4  orders or papers to be served simultaneously.
     5    3.  Mileage  for services subject to fees under paragraphs one and two
     6  of this subdivision, in advance.
     7    4. For receiving  a  precept  issued  by  commissioners  appointed  to
     8  inquire  concerning  the  incompetency  of a person, the fee allowed the
     9  clerk by subdivision (a) of section eight thousand twenty of this  arti-
    10  cle  for  placing  a  cause  on the calendar, and for notifying a county
    11  clerk or commissioner of jurors pursuant to such a precept, the fee,  if
    12  any,  allowed  the  clerk  by  subdivision (c) of section eight thousand
    13  twenty of this article for filing a demand for jury trial.
    14    (i) Undertakings; returns; copies.
    15    1. For taking any undertaking which the sheriff is authorized to  take
    16  [one  dollar  and fifty cents] two dollars, and the notary's fees to any
    17  affidavit or acknowledgements.
    18    2. For making a copy of a description or  any  inventory  of  property
    19  levied  upon  by  virtue  of  an order of attachment, or of a summons or
    20  complaint, or other mandate, or an affidavit or any other  paper  served
    21  by him or her, [ten] fifteen dollars, in advance.
    22    3.  For  a certified copy of an execution, and of the return or satis-
    23  faction thereupon, or for a certified copy of any undertaking  which  he
    24  or she is authorized to take, [ten] fifteen dollars.
    25    (j) Prisoners.
    26    1.  For  each  person  committed  to  or discharged from prison, [ten]
    27  fifteen dollars, in advance, to be paid by the person at whose  instance
    28  he or she is imprisoned.
    29    2.  For  attending before an officer for the purpose of surrendering a
    30  prisoner, or receiving into custody a prisoner surrendered, in  exonera-
    31  tion  of  his  or  her  bail,  [ten] fifteen dollars, for all his or her
    32  services upon such a surrender or receipt.
    33    (k) Jurors; view; constables' services.
    34    1. For notifying jurors to attend upon a writ of inquiry, [two]  three
    35  dollars  [and fifty cents] for each juror notified, including the making
    36  and return of the inquisition, when required; and for attending  a  jury
    37  when required in such a case, [twenty-eight] thirty dollars.
    38    2. For attending a view, [ten] fifteen dollars for each day.
    39    3.  For  any services which may be rendered by a constable, other than
    40  those specifically provided for in this section, section eight  thousand
    41  twelve  or  eight thousand thirteen of this article, to the same fees as
    42  are allowed by law to a constable for those services.
    43    § 2. This act shall take effect on the ninetieth day  after  it  shall
    44  have become a law.
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