senate Bill S3567

Signed by Governor Amended

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 by Governor
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actions

  • 06 / Feb / 2013
    • REFERRED TO JUDICIARY
  • 29 / May / 2013
    • 1ST REPORT CAL.761
  • 30 / May / 2013
    • 2ND REPORT CAL.
  • 03 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 04 / Jun / 2013
    • AMENDED ON THIRD READING 3567A
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 21 / Jun / 2013
    • SUBSTITUTED FOR A2341A
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.690
  • 21 / Jun / 2013
    • PASSED ASSEMBLY
  • 21 / Jun / 2013
    • RETURNED TO SENATE
  • 06 / Dec / 2013
    • DELIVERED TO GOVERNOR
  • 18 / Dec / 2013
    • SIGNED CHAP.532

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:
A2341
Versions:
S3567
S3567A
Legislative Cycle:
2013-2014
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §8012, CPLR
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3304A, A4725A
2009-2010: S7866, A11139

Sponsor Memo

BILL NUMBER:S3567

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 multi-
tude 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 209.-
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: 2012 - S. 3304-A - Advanced to Rules Committee 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
________________________________________________________________________

                                  3567

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 6, 2013
                               ___________

Introduced  by  Sens.  KLEIN,  GOLDEN,  LANZA,  SAVINO -- 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
  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.
                                                           LBD05622-01-3

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