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.
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.
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
