BILL NUMBER: S5808A
SPONSOR: FERNANDEZ
 
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:
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:
2021-22: A.1291- Referred to Judiciary / S.4643 - Referred to Judiciary
2020: A.2361 - Passed the Assembly /S.4239- Referred to Judiciary
2019: A.2361 - Passed the Assembly /S.4239- Referred to Judiciary
2018: A.9832 - Reported to Rules / S.5110 -Reported to Finance
 
FISCAL JMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect 90 days after it shall have become a law.