senate Bill S3304A

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / Feb / 2011
    • REFERRED TO CODES
  • 08 / Mar / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO JUDICIARY
  • 17 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 13 / Jun / 2011
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 13 / Jun / 2011
    • PRINT NUMBER 3304A
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY
  • 01 / Mar / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 12 / Jun / 2012
    • REPORTED AND COMMITTED TO RULES

Summary

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

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Bill Details

See Assembly Version of this Bill:
A4725A
Versions:
S3304
S3304A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง8012, CPLR
Versions Introduced in 2009-2010 Legislative Cycle:
S7866, A11139

Sponsor Memo

BILL NUMBER:S3304A

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
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 $35.00.

JUSTIFICATION:
Sheriffs and Marshals in New York City perform a multitude 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 20% 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:
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 90 days after it shall have become a law.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3304--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged  and  said  bill committed to the Committee on Judiciary --
  reported favorably from said committee and committed to the  Committee
  on Finance -- 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 mileage fees in the  city  of  New  York  for  services
  provided by sheriffs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (d) of section 8012 of the civil  practice  law
and  rules, as amended by chapter 337 of the laws of 2000, is amended to
read as follows:
  (d) Mileage fees in the city of New York. For mileage travelled wholly
within the city of New York the sheriff of the city of New York shall be
entitled to [twenty-five] THIRTY-FIVE dollars  payable  in  advance,  as
provided in section eight thousand eleven of this chapter.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01191-02-1

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