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A09032 Summary:

BILL NOA09032
 
SAME ASSAME AS S05110
 
SPONSORDinowitz
 
COSPNSR
 
MLTSPNSR
 
Amd 8011, CPLR
 
Increases the various fixed fees for the provision of certain services by the sheriff.
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A09032 Actions:

BILL NOA09032
 
01/12/2018referred to judiciary
02/13/2018reported referred to ways and means
06/20/2018reported referred to rules
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A09032 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9032
 
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend the civil practice law and rules, in relation to increasing the fixed fees for services provided by sheriffs   PURPOSE OF BILL: To increase the statutorily fixed fees for New York City sheriffs and marshals to perform their duties so that such rates and fees reflect the rate of inflation since such rates were last increased in 2002.   SUMMARY OF PROVISIONS OF BILL: Section 1: Amends Section 8011 of the Civil Practice Law and Rules, to increase the fixed fees for sheriffs and marshals for the performance of their duties so that such fees reflect the rate of inflation since such rates were last increased in 2002. Section 2: Effective date.   JUSTIFICATION: Sheriffs and Marshals in New York City perform a multitude of services to assist creditors in satisfying claims they have successfully liti- gated, including: *Levy or execution upon real or personal property; *Income execution; *Recovery of chattel; and *Eviction or sales of real or personal property. The expenses associated with the performance of these services are not reimbursed based on actual expenses, but rather in accordance with a schedule of modest fees fixed in statute. These fees were last raised in Ch. 655 of L. 2002. During this time-period, costs of supplies, support staff wages and office overhead are continually on the rise, as are gas prices. Since 2002, the last time that the service rates were increased for Sheriffs and NYC Marshals, the Consumer Price Index (CPI) has increased by at least 36%. However, since the fees specified in statue are not indexed to inflation, the effect of this situation is that the effective rate of these statutory fees has decreased by 36%. Under this bill, the service fees have been increased by 33%, hence this bill brings back the effective rate of such service fees to perform such services back to what they were, in real terms, to 2002. This legislation will ensure that the fees that such sheriffs and marshals receive more accurately reflects the actual costs associated with the critical functions that they perform.   LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect 90 days after it shall have become a law.
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A09032 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9032
 
                   IN ASSEMBLY
 
                                    January 12, 2018
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Judiciary
 
        AN  ACT  to  amend  the  civil  practice  law  and rules, in relation to
          increasing the fixed fees for services provided by sheriffs
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  8011  of  the  civil  practice law and rules, as
     2  amended by chapter 655 of the laws of 2002, subdivision (h)  as  amended
     3  by chapter 36 of the laws of 2007, is amended to read as follows:
     4    §  8011. Fixed fees of sheriffs. For the services specified, a sheriff
     5  is entitled to the following fees and, where indicated, these  shall  be
     6  paid in advance.
     7    (a) Order of attachment.
     8    1.  For receiving an order of attachment, entering it in the appropri-
     9  ate books, and  return  when  required,  [fifteen]  twenty  dollars,  in
    10  advance.
    11    2.  For levying upon real or personal property, [forty] fifty dollars,
    12  in advance.
    13    3. For each additional levy upon real or personal property  by  virtue
    14  of an order of attachment, [forty] fifty dollars, in advance.
    15    4.  For  serving  a copy of an order of attachment on a defendant, and
    16  for serving a  copy  on  each  additional  defendant,  [fifteen]  twenty
    17  dollars, in advance.
    18    5. For serving a summons with or without a complaint, [fifteen] twenty
    19  dollars, in advance.
    20    6.  For making and filing a description of real property, or an inven-
    21  tory of personal property, levied upon by virtue of an order of  attach-
    22  ment, or an estimate of the value thereof, [fifteen] twenty dollars.
    23    7.  Mileage  for services covered in paragraphs two, three and four of
    24  this subdivision, in advance, provided, however, that where the services
    25  covered in such paragraphs are performed at the  same  time  and  place,
    26  there shall be only one mileage fee.
    27    (b) Property execution.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10364-01-7

        A. 9032                             2
 
     1    1.  For  receiving  an  execution against property, entering it in the
     2  appropriate books, and return when required, [fifteen]  twenty  dollars,
     3  in  advance,  except  that in an execution which arises out of an action
     4  brought pursuant to article eighteen of the uniform district court  act,
     5  article  eighteen of the uniform city court act, article eighteen of the
     6  New York city civil court act or article eighteen of the uniform justice
     7  court act, the fees provided in this subdivision shall not be  collected
     8  in advance.
     9    2.  For  levying  upon  property  by virtue of an execution, [fifteen]
    10  twenty dollars.
    11    3. For making an inventory of property levied upon  by  virtue  of  an
    12  execution, [fifteen] twenty dollars.
    13    4.  Mileage  for  services covered in paragraphs two and three of this
    14  subdivision, in advance,  provided  however,  that  where  the  services
    15  covered  in  such paragraphs are performed at the same time, there shall
    16  be only one mileage fee.
    17    (c) Income execution; service upon judgment debtor.
    18    1. For receiving an  income  execution,  entering  it  in  appropriate
    19  books, and return when required, [fifteen] twenty dollars, in advance.
    20    2.  For  serving  the  income  execution  upon  the  judgment  debtor,
    21  [fifteen] twenty dollars, in advance.
    22    3. Mileage for service covered in paragraph two of  this  subdivision,
    23  unless such execution is served by mail.
    24    (d)  Income  execution; levy upon default or failure to serve judgment
    25  debtor.
    26    1. For serving an income execution, entering  it  in  the  appropriate
    27  books, and return when required, [fifteen] twenty dollars, in advance.
    28    2. For levying upon the money that the judgment debtor is receiving or
    29  will receive, [fifteen] twenty dollars, in advance.
    30    3.  Mileage  for services covered in paragraph two of this subdivision
    31  unless such levy is made by mail.
    32    (e) Recovery of chattel.
    33    1. For receiving an order to  recover  chattel,  entering  it  in  the
    34  appropriate  books,  and return when required, [fifteen] twenty dollars,
    35  in advance.
    36    2. For executing the order of seizure against the defendant's  chattel
    37  or chattels, [seventy-five] one hundred dollars, in advance.
    38    3.  For executing the order of seizure against the chattel or chattels
    39  of an additional defendant or any other person in whose possession  said
    40  chattel or chattels may be found, [forty] fifty dollars, in advance.
    41    4.  For  serving  an additional copy of the required papers, [fifteen]
    42  twenty dollars, in advance.
    43    5. For serving the summons with  or  without  a  complaint,  [fifteen]
    44  twenty dollars, in advance.
    45    6.  Mileage  for  services  covered in paragraphs two, three, four and
    46  five of this subdivision, in advance, provided however, that  where  the
    47  services  covered  in such paragraphs are performed at the same time and
    48  place, there shall be only one mileage fee.
    49    (f) Summary proceeding.
    50    1. Notice of petition and petition.
    51    (i) For receiving a notice of  petition  and  petition,  obtaining  an
    52  index  number  when  required, entering it in the appropriate books, and
    53  return, [fifteen] twenty dollars, in advance.
    54    (ii) For serving the notice of petition on a tenant or other person in
    55  possession, [fifteen] twenty dollars, in advance.

        A. 9032                             3
 
     1    (iii) For serving the notice of petition on  each  additional  tenant,
     2  undertenant,  subtenant,  person  or persons in possession, or person or
     3  persons not in possession to be served,  [fifteen]  twenty  dollars,  in
     4  advance.
     5    (iv)  For  making  an  affidavit  of  military or nonmilitary service,
     6  [fifteen] twenty dollars for each affidavit, in advance.
     7    (v) Mileage for services covered in subparagraph (ii)  of  this  para-
     8  graph,  and  where  person  or  persons  named in the petition are to be
     9  served at an address or addresses other than the premises  described  in
    10  the petition, additional mileage shall be paid, in advance, except where
    11  two or more notices of petition are to be served at the same time, with-
    12  in the same site or location, there shall be only one mileage fee.
    13    2. Warrant of eviction or any mandate requiring delivery of possession
    14  of real property and removal of person or persons in possession.
    15    (i)  For requisitioning, receiving, entering in the appropriate books,
    16  and for the return of a  warrant  of  eviction  or  any  other  mandate,
    17  [fifteen] twenty dollars, in advance.
    18    (ii)  For  service  of notice of eviction on a person or persons to be
    19  served, [fifteen] twenty dollars  for  each  person  to  be  served,  in
    20  advance.
    21    (iii)  Mileage  of services covered in subparagraph (ii) of this para-
    22  graph, in advance, except where two or more notices of eviction  are  to
    23  be  served  at  the  same  time, within the same site or location, there
    24  shall be only one mileage fee.
    25    (iv) For executing a warrant of eviction or any mandate requiring  him
    26  or  her  to  put  a  person  in possession of real property and removing
    27  person or persons in possession, [seventy-five] one hundred dollars,  in
    28  advance.
    29    (v)  Mileage  for  services covered in subparagraph (iv) of this para-
    30  graph, in advance.
    31    (g) Sales.
    32    1. For posting of notice, including advertising real or personal prop-
    33  erty for sale by virtue of an execution, order of attachment,  or  other
    34  mandate,  or in pursuance of a direction contained in a judgment, or for
    35  a notice of postponement of a sale, [fifteen] twenty dollars.
    36    2. For drawing and executing a conveyance upon a sale of real  proper-
    37  ty, [twenty] twenty-five dollars, to be paid by the grantee, in advance.
    38    3. For attending a sale of real or personal property, [fifteen] twenty
    39  dollars.
    40    4. For conducting a sale of real or personal property, [fifteen] twen-
    41  ty dollars.
    42    5.  Mileage  for services covered in paragraphs three and four of this
    43  subdivision provided, however, that where the services covered  in  such
    44  paragraphs are performed at the same time and place, there shall be only
    45  one mileage fee.
    46    (h) Summons, subpoenas and other mandates.
    47    1.  For  serving a summons, with or without a complaint or notice, for
    48  serving a subpoena, or  for  serving  civil  process,  [fifteen]  twenty
    49  dollars, in advance.
    50    2.  For  serving or executing an order of arrest, or any other mandate
    51  for the service or execution of  which  no  other  fee  is  specifically
    52  prescribed  by  law, [forty-five] fifty-five dollars, in advance, except
    53  that when a court has directed the service of an  order  of  protection,
    54  there  shall  be  no  fee  for  service of such order and of any related
    55  orders or papers to be served simultaneously.

        A. 9032                             4
 
     1    3. Mileage for services subject to fees under paragraphs one  and  two
     2  of this subdivision, in advance.
     3    4.  For  receiving  a  precept  issued  by  commissioners appointed to
     4  inquire concerning the incompetency of a person,  the  fee  allowed  the
     5  clerk  by subdivision (a) of section eight thousand twenty of this arti-
     6  cle for placing a cause on the calendar,  and  for  notifying  a  county
     7  clerk  or commissioner of jurors pursuant to such a precept, the fee, if
     8  any, allowed the clerk by subdivision  (c)  of  section  eight  thousand
     9  twenty of this article for filing a demand for jury trial.
    10    (i) Undertakings; returns; copies.
    11    1.  For taking any undertaking which the sheriff is authorized to take
    12  [one dollar and fifty cents] two dollars, and the notary's fees  to  any
    13  affidavit or acknowledgements.
    14    2.  For  making  a  copy of a description or any inventory of property
    15  levied upon by virtue of an order of attachment,  or  of  a  summons  or
    16  complaint,  or  other mandate, or an affidavit or any other paper served
    17  by him or her, [ten] fifteen dollars, in advance.
    18    3. For a certified copy of an execution, and of the return  or  satis-
    19  faction  thereupon,  or for a certified copy of any undertaking which he
    20  or she is authorized to take, [ten] fifteen dollars.
    21    (j) Prisoners.
    22    1. For each person committed  to  or  discharged  from  prison,  [ten]
    23  fifteen  dollars, in advance, to be paid by the person at whose instance
    24  he or she is imprisoned.
    25    2. For attending before an officer for the purpose of  surrendering  a
    26  prisoner,  or receiving into custody a prisoner surrendered, in exonera-
    27  tion of his or her bail, [ten] fifteen  dollars,  for  all  his  or  her
    28  services upon such a surrender or receipt.
    29    (k) Jurors; view; constables' services.
    30    1.  For notifying jurors to attend upon a writ of inquiry, [two] three
    31  dollars [and fifty cents] for each juror notified, including the  making
    32  and  return  of the inquisition, when required; and for attending a jury
    33  when required in such a case, [twenty-eight] thirty dollars.
    34    2. For attending a view, [ten] fifteen dollars for each day.
    35    3. For any services which may be rendered by a constable,  other  than
    36  those  specifically provided for in this section, section eight thousand
    37  twelve or eight thousand thirteen of this article, to the same  fees  as
    38  are allowed by law to a constable for those services.
    39    §  2.  This  act shall take effect on the ninetieth day after it shall
    40  have become a law.
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