Senate Bill S8048

                                 BILL NUMBER:  S8048

 TITLE OF BILL :  An act to amend the New York city civil court act,
in relation to the annual fees paid by city marshals to the city of
New York

 PURPOSE :

To increase the annual assessment rate at which payment is made by the
Marshals to the City of New York.

 SUMMARY OF PROVISIONS :

Section 1. Amends subdivisions 1 and 2 of Section 1611 of the New York
City Civil Court Act (CCA), as amended by Chapter 11 of the laws of
2003, which require New York City Marshals to pay annual fees, also
called assessments, to the City of New York. Specifically, subsection
1, concerning the payment of a $1,500 annual fee by every City Marshal
who serves in office during any part of the calendar year, is amended
to provide for payment of a $2,000 annual fee by every City Marshal
who serves in office during any part of the calendar year. Subsection
2 is amended to provide for an increase in the rate at which the
annual payment by the Marshals to the City is computed. The rate is
increased from 4.5% to 5.5% of gross fees, including poundage.

 JUSTIFICATION :
              

The Appellate Divisions of the State Supreme Court, First and Second
Departments, through a series of Joint Administrative Orders (JAOs),
have delegated to the Commissioner of the New York City Department of
Investigation (DOI) responsibility for supervising the New York City
Marshals, in accordance with Article 16 of the CCA. DOI, through its
Bureau of City Marshals, issues and enforces directives, subject to
the Appellate Divisions' approval, governing the Marshals' performance
of their official duties. DOI compiles its directives in the New York
City Marshals Handbook of Regulations, which is distributed to all
City Marshals and is available to the public on DOI's internet site
and at the City's municipal library.

Additionally, specific DOI responsibilities include:

-assisting the Mayor's Committee on City Marshals, CCA § 1601;
-conducting background investigations of current and prospective
training Marshals, CCA § 1601-a; JAO 490;
-auditing Marshals' official financial records, JAO 453; -monitoring
Marshals' compliance with various statutory and administrative
requirements, JAO 453;
-conducting investigations involving the Marshals and referring the
results, where indicated, for criminal prosecution, NYC Charter § 803;
JAO 453;
-taking appropriate disciplinary and administrative action in cases of
misconduct or incompetence by Marshals and their employees and
contractors, JAO 453; Marshals Handbook, Chapter I, § 1-15;
-closely monitoring Marshals' compliance with rules intended to
protect elderly and disabled tenants facing eviction, Marshals
Handbook, Chapter IV, § 6-6;
-closely supervising Marshals in particularly sensitive cases, such as
evictions of schools, day care centers, and similar institutions, and
in emergencies, such as major storms, power outages, and the aftermath
of the events of September 11, 2001;
-responding to Marshals' requests for guidance, JAO 453; and
-resolving a broad range of formal and informal complaints and
inquiries from the public, the courts, private lawyers, and public
agencies, JAO 453.


In 1976, the Legislature authorized the imposition of fees upon City
Marshals to defray the City's cost of supervising them. Legislation
enacted in 1979 raised the annual assessment that the Marshals pay to
the City from 2.75% to 3.5% of the Marshals' gross fees. In 2003, the
assessment was raised from 3.5% to 4.5%. The assessment formula has
not been increased since that time.

The proposed increases are intended to defray the costs of the
Department of Investigation's Marshal Bureau, charged with oversight
and supervision of the New York City Marshals.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Since fees are paid by the debtor/creditor as appropriate, there will
be a modest increase in the revenue for the City of New York.

 EFFECTIVE DATE :
This act shall take effect immediately.