Establishes a task force to investigate the position of city marshal in the city of New York regarding claims of defrauding creditors and the feasibility of abolishing the position.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3735
SPONSOR: Epstein (MS) TITLE OF BILL:
An act to establish a task force to investigate the position of city
marshal in the city of New York
PURPOSE:
To establish a task force to examine the claims that predatory lenders
are using city marshals to defraud creditor clients, the effectiveness
of the appointment process of city marshals, and the feasibility of
abolishing the city marshal.
SUMMARY OF PROVISIONS:
Section 1: Establishes a task force to investigate the position of the
city marshal.
Section 2: Details the composition of the task force.
Section 3: Provides an immediate effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:
JUSTIFICATION:
There have been reports of City Marshals earning huge fees for acting as
virtual collection agents for predatory lenders, using the public powers
of their office to benefit those who are unfairly targeting small busi-
nesses for shady loan practices. This requires a full investigation by
the State, and a review of the purpose and legal oversight of these
appointments.
LEGISLATIVE HISTORY:
2021-2022: A2421 (Niou) - referred to governmental operations
2019-20: A3647(Niou) - referred to governmental operations
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act will take place immediately.
STATE OF NEW YORK
________________________________________________________________________
3735
2023-2024 Regular Sessions
IN ASSEMBLY
February 7, 2023
___________
Introduced by M. of A. EPSTEIN, PEOPLES-STOKES, KIM -- Multi-Sponsored
by -- M. of A. SAYEGH -- read once and referred to the Committee on
Governmental Operations
AN ACT to establish a task force to investigate the position of city
marshal in the city of New York
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. a. A task force is hereby established to investigate the
2 position of city marshal in the city of New York. The task force shall
3 study:
4 (i) the claims that predatory lenders are using certain city marshals
5 to defraud creditor clients;
6 (ii) the effectiveness of the appointment process of city marshals
7 pursuant to section 1601 of the New York city civil court act; and
8 (iii) the feasibility of abolishing the office of the city marshal.
9 b. No later than one year after the effective date of this act, the
10 task force shall report its findings to the governor and the legisla-
11 ture, as described under subdivision a of this section.
12 § 2. a. The task force shall be comprised of:
13 (i) three members appointed by the governor;
14 (ii) two members appointed by the temporary president of the senate;
15 and
16 (iii) two members appointed by the speaker of the assembly.
17 b. One of the appointments by the governor shall serve as chairperson
18 of the task force.
19 c. The members of the task force shall receive no compensation for
20 their services, but shall be allowed their actual and necessary expenses
21 incurred in the performance of their services.
22 d. All departments, divisions, bureaus, commissions, districts or
23 agencies of the state or any political subdivisions thereof shall, at
24 the request of the chairperson, provide the task force with such facili-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07745-01-3
A. 3735 2
1 ties, assistance and data as will enable the task force to carry out its
2 powers and duties.
3 § 3. This act shall take effect immediately.
