Increases the mileage fees in the city of New York imposed for the services provided by sheriffs.
Ayes (30): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Seward, Young, Breslin, Diaz, Dilan, Gianaris, Montgomery, Oppenheimer, Parker, Peralta, Perkins, Rivera, Stavisky, Stewart-Cousins, Squadron
Ayes W/R (2): Griffo, Hannon
Nays (2): Saland, Duane
Excused (1): Krueger
TITLE OF BILL: An act to amend the civil practice law and rules, in relation to increasing the mileage fees in the city of New York for services provided by sheriffs
PURPOSE: To increase the mileage fees that may be collected by sheriffs and marshals of the City of New York for travel that occurs completely within the City of New York.
SUMMARY OF PROVISIONS: Section 1. Amends Section 8012 of the Civil Practice Law and Rules, to increase the fixed fees for mileage in furtherance of the duties carried out by sheriffs and marshals of the City of New York from $25.00 to $35.00.
JUSTIFICATION: Sheriffs and Marshals in New York City perform a multitude of services to assist creditors in satisfying claims they have successfully litigated, including: A) levy or execution upon real or personal property; B) income execution; C) recovery of chattel; and D) eviction or sales of real or personal property.
The expenses associated with the performance of these services are not reimbursed based on actual disbursements, but rather in accordance with a schedule of fees fixed in statute. The mileage reimbursement was last increased in Ch. 337 L. 2000. During this time period the cost of gas and motor vehicle operating costs have risen substantially.
In New York City, gas prices averaged about $1.89 per gallon at the time of the last mileage fee increase in 2000. Since 2000, the price of gas has increased well over 100 percent to over $ 4.00 per gallon. Further, the Consumer Price Index (CPI), meanwhile, has increased by almost 20% since 2002 for other operating costs such as the cost of operating a motor vehicle.
This legislation will ensure that the fees sheriffs and marshals receive more accurately reflects the actual costs associated with the critical functions they perform.
LEGISLATIVE HISTORY: 2010 - S.7866 - REFERRED TO CODES; A.11139 - Referred to Judiciary Ch. 655 L. 2002; Ch. 337 L. 2000
FISCAL IMPLICATIONS: Since the fees are paid by the debtor/creditor as appropriate, there will be a modest increase in the City of New York revenue.
EFFECTIVE DATE: This act shall take effect 90 days after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 3304--A 2011-2012 Regular Sessions IN SENATE February 15, 2011 ___________Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged and said bill committed to the Committee on Judiciary -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the civil practice law and rules, in relation to increasing the mileage fees in the city of New York for services provided by sheriffs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (d) of section 8012 of the civil practice law and rules, as amended by chapter 337 of the laws of 2000, is amended to read as follows: (d) Mileage fees in the city of New York. For mileage travelled wholly within the city of New York the sheriff of the city of New York shall be entitled to
[twenty-five]THIRTY-FIVE dollars payable in advance, as provided in section eight thousand eleven of this chapter. S 2. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01191-02-1