BILL NUMBER: S3242

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the surrogate's court procedure act, in relation to
charging a fee for any motions made in the surrogate's court

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would institute a forty-five dollar fee chargeable for all
motions made in a pending proceeding and for ex parte applications.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Subdivision 4 of the section 2401 of the Surrogate's
Court Act to institute a forty-five dollar dollars chargeable for all
motions made in a pending proceeding and for ex parte applications.

Section 2: The effective date of this bill.

 
              

JUSTIFICATION:

Currently there exists no requirement in the law that a specified manda-
tory fee be charged to filers for a motion application in the surro-
gate's court consisting of an order to show cause or a motion.  However,
virtually every other court in this state, such as supreme court and
civil court, do have such a requirement in the law. This bill would
bring this particular fee practice of the surrogate's court in line with
the practices of other courts in this state, as well as generate addi-
tional much-needed revenue for the courts.

 
PRIOR LEGISLATIVE HISTORY:

S. 2791 of 2021-22: Referred to Judiciary;

S. 4950 of 2019-20: Referred to Judiciary

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Significantly increased revenue for the surrogate's court through the
mandatory implementation of this forty-five dollar fee.

 
EFFECTIVE DATE:
This act shall take effect immediately.