senate Bill S3567A

Signed By Governor
2013-2014 Legislative Session

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

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 18, 2013 signed chap.532
Dec 06, 2013 delivered to governor
Jun 21, 2013 returned to senate
passed assembly
ordered to third reading rules cal.690
substituted for a2341a
Jun 20, 2013 referred to ways and means
delivered to assembly
passed senate
Jun 04, 2013 amended on third reading 3567a
Jun 03, 2013 advanced to third reading
May 30, 2013 2nd report cal.
May 29, 2013 1st report cal.761
Feb 06, 2013 referred to judiciary

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S3567 - Bill Details

See Assembly Version of this Bill:
A2341A
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §8012, CPLR
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3304A, A4725A
2009-2010: S7866, A11139

S3567 - Bill Texts

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

view 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.

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                    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

Co-Sponsors

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S3567A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2341A
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §8012, CPLR
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3304A, A4725A
2009-2010: S7866, A11139

S3567A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S3567A

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
gradually 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 $30.00 in first year of operation of this law and then
increasing the fee to $35.00 in the second year after this bill goes
into effect.

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 30 days after it shall have
become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3567--A
    Cal. No. 761

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 6, 2013
                               ___________

Introduced  by  Sens. KLEIN, DILAN, ESPAILLAT, GOLDEN, HASSELL-THOMPSON,
  LANZA, SAVINO, STAVISKY -- read twice and ordered  printed,  and  when
  printed  to  be  committed  to  the Committee on Judiciary -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading

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 dollars payable in advance, as provided
in  section  eight  thousand  eleven of this chapter, AND COMMENCING ONE
YEAR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
THIRTEEN WHICH AMENDED THIS SUBDIVISION, SUCH FEE SHALL  BE  THIRTY-FIVE
DOLLARS.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05622-04-3

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