A00259 Summary:

BILL NO    A00259 

SAME AS    No same as 

SPONSOR    Miller

COSPNSR    

MLTSPNSR   

Amd R5224, CPLR

Relates to allowing fees to be charged in connection with the service of
information subpoenas.
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A00259 Actions:

BILL NO    A00259 

01/09/2013 referred to judiciary
01/08/2014 referred to judiciary
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A00259 Votes:

There are no votes for this bill in this legislative session.
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A00259 Memo:

BILL NUMBER:A259

TITLE  OF BILL:   An act to amend the civil practice law and rules, in
relation to allowing fees to be charged in connection with the service
of information subpoenas

PURPOSE: To  permit  persons  and  agencies  served  with  information
subpoenas  to  receive  a  search  fee  of  $10  for  each information
subpoena.

SUMMARY OF PROVISIONS:  This bill amends Section 5224 of the CPLR with
regard to fees associated with complying with  information  subpoenas.
The  amendment  will  allow  the  person  served  with  an information
subpoena to be entitled to receive a fee in the amount of $10:

JUSTIFICATION: in New York State, there has been a  vast  increase  in
the  number  and  frequency  of  information  subpoenas  served. These
subpoenas have become overly burdensome, are voluminous in nature, and
labor intensive to businesses. The private sector, including banks and
not-for-profit credit unions are being  inundated  with  requests  for
account  records.  The majority of these requests result in no account
record being found and in the case of credit unions, many  individuals
for  whom  information  is  sought  is not eligible to join the credit
union.

Businesses are having to devote more time  and  resources  to  process
these subpoenas and based on the volume received these requests can be
very costly to answer.

To  ensure  that  companies who receive information subpoenas maintain
the quality and availability  of  their  services  to  their  clients,
$10.00  per  request  fee  will  help  to recover some of the expenses
incurred and serve  to  reinforce  the  requirement  that  a  judgment
creditor  have  a  reasonable  belief  that the institution served has
information about the judgment debtor.

LEGISLATIVE HISTORY: A. 7366A/S.384A (2005-2006), A7452 (2010)

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect on the  first  of  January
next succeeding the date on which it shall have become a law.
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A00259 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          259

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced by M. of A. MILLER -- read once and referred to the Committee
         on Judiciary

       AN  ACT to amend the civil practice law and rules, in relation to allow-
         ing fees to be charged in connection with the service  of  information
         subpoenas

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivision (b) of rule 5224 of the civil practice law  and
    2  rules, as amended by chapter 302 of the laws of 1994, is amended to read
    3  as follows:
    4    (b) Fees. A judgment debtor served with a subpoena under this [section
    5  and  any] RULE SHALL NOT BE ENTITLED TO ANY FEE. ANY other person served
    6  with an information subpoena shall [not be entitled to any fee] BE  PAID
    7  IN  ADVANCE  THE SUM OF TEN DOLLARS, EXCEPT THAT A PERSON SERVED WITH AN
    8  INFORMATION SUBPOENA SHALL NOT BE ENTITLED TO A FEE WHERE THE  STATE,  A
    9  MUNICIPALITY, OR AN AGENCY OR OFFICER OF THE STATE OR A MUNICIPALITY, IS
   10  THE  JUDGMENT CREDITOR.  Any other person served with a subpoena requir-
   11  ing attendance or the production of books and papers shall  be  paid  or
   12  tendered  in advance authorized traveling expenses and one day's witness
   13  fee.
   14    S 2. This act shall take effect on the first of January next  succeed-
   15  ing the date on which it shall have become a law.



        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01024-01-3
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