Bill S6339-2013

Makes permanent the provisions of chapter 455 of the laws of 1997 conferring certain powers to the New York city marshals

Makes permanent the provisions conferring certain powers to New York city marshals.

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  • Jan 15, 2014: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S6339

TITLE OF BILL: An act to amend chapter 455 of the laws of 1997 amending the New York city civil court act and the civil practice law and rules relating to authorizing New York city marshals to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments, in relation to the effectiveness of such chapter

PURPOSE:

To make permanent provisions which confer on New York City Marshals the same functions, powers and duties as Sheriffs with respect to the execution of money judgments of the Supreme and Family Courts.

SUMMARY OF PROVISIONS:

Section 1. Amends Section 3 of Chapter 455 of the Laws of 1997, as amended by Chapter 71 of the Laws of 1999, Chapter 128 of the Laws of 2004 and Chapter 103 of the Laws of 2009, to eliminate its expiration and make the provisions permanent.

JUSTIFICATION:

New York City Marshals are primarily responsible for executing judgments rendered by the Civil Court of the City of New York, serving summonses and executing other judgment orders. The City Marshals are supervised by the New York City Department of Investigation and pay a percentage of their gross income to the City. They are required to provide for their own operating expenses, including maintenance of their office, clerical staff and transportation.

In 1997, 1999, 2004 and again in 2009, legislation was passed to allow New York City Marshals to enforce money judgments rendered by the Supreme and Family Courts in New York City. There remains a tremendous need, especially with respect to child support judgments, for increased enforcement of money judgments in the City. Utilizing the services of New York City Marshals for such enforcement has allowed the Marshals to lend their efforts to fulfilling this need.

This program has worked exceptionally well since 1997 and should be made permanent.

LEGISLATIVE HISTORY:

2009- S.2076 /A.4790(Chapter 103 of the Laws of 2009) 2004- S.5898 /A.9833(Chapter 128 of the Laws of 2004) 1999- S.3862 /A.6914(Chapter 71 of the Laws of 1999) 1997- S.1972-A/ A.3007-A(Chapter 455 of the Laws of 1997)

FISCAL IMPLICATIONS:

None to State or City government. Marshals are reimbursed by fees only.

EFFECTIVE DATE:

This act shall rake effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 6339 A. 8432 S E N A T E - A S S E M B L Y January 15, 2014 ___________
IN SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Judiciary IN ASSEMBLY -- Introduced by M. of A. WEINSTEIN -- read once and referred to the Committee on Judiciary AN ACT to amend chapter 455 of the laws of 1997 amending the New York city civil court act and the civil practice law and rules relating to authorizing New York city marshals to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments, in relation to the effectiveness of such chapter THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3 of chapter 455 of the laws of 1997, amending the New York city civil court act and the civil practice law and rules relating to authorizing New York city marshals to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments, as amended by chapter 103 of the laws of 2009, is amended to read as follows: S 3. This act shall take effect immediately [and shall remain in full force and effect only until June 30, 2014 when upon such date this act shall be deemed repealed]. S 2. This act shall take effect immediately.

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