NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7292C
SPONSOR: Farrell TITLE OF BILL:
An act to amend the state finance law, in relation to the tobacco reven-
ue guarantee fund (Part A); and to amend the county law, in relation to
filing an annual report regarding certain expenditures for indigent
legal services (Part B)
PURPOSE:
To make technical changes relating to correctly categorize certain funds
as joint custody, and to eliminate the filing of an annual report
regarding certain expenditures for indigent legal services with the
State Comptroller.
SUMMARY OF PROVISIONS:
Part A:
Section 1 of Part A amends Section 97-cccc of the State Finance Law to
correctly categorize the Tobacco Revenue Guarantee Fund as a joint
custody fund held by the Commissioner of Taxation and Finance and the
State Comptroller.
Section 2 of Part A sets forth an immediate effective date.
Part B:
Section 1 of Part B amends Section 722-f of the County Law to conform
language relating to the filing annual report regarding certain expendi-
tures for indigent legal services with the Office of indigent Legal
Services.
Section 2 of Part B sets forth an immediate effective date.
JUSTIFICATION:
Part A of this proposal corrects the improper designation of the Tobacco
Revenue Guarantee Fund and the New York State Teen Health Fund as sole
custody funds. Monies in the Treasury of the State of New York are held
in the joint custody of the Commissioner of Taxation and Finance and the
State Comptroller.
Part B of this proposal conforms the reporting requirement in County Law
§ 722-f with the statutory changes made in 2010 with the creation of the
Office of Indigent Legal Services and Indigent Legal Services Board
("Board"). As part of the 2010 enactment, portions of former State
Finance Law § 98-b were repealed, including the provisions that moneys
from the indigent Legal Services Fund be distributed at the direction of
the State Comptroller upon demonstration of the "maintenance of effort"
provision shown as part of a municipality's annual report. The Office of
Indigent Legal Services, along with its Board, is now responsible for
determining the distribution of funds and grants to be provided pursuant
to the ILSF (L 2010, Ch 561).
County Law § 722-f, however, was not amended in 2010 to reflect the
statutory changes in responsibilities to State Finance Law § 98-b. This
amendment will conform the reporting requirement in County Law § 722-f
with the statutory changes made in 2010 by providing that the Office of
Indigent Legal Services, instead of the State Comptroller, develop and
receive the annual report.
The Comptroller urges the passage of this legislation.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7292--C
Cal. No. 279
2015-2016 Regular Sessions
IN ASSEMBLY
May 4, 2015
___________
Introduced by M. of A. FARRELL -- (at request of the State Comptroller)
-- read once and referred to the Committee on Ways and Means --
reported from committee, advanced to a third reading, amended and
ordered reprinted, retaining its place on the order of third reading
-- advanced to a third reading, amended and ordered reprinted, retain-
ing its place on the order of third reading -- advanced to a third
reading, passed by Assembly and delivered to the Senate, recalled from
the Senate, vote reconsidered, bill amended, ordered reprinted,
retaining its place on the order of third reading
AN ACT to amend the state finance law, in relation to the tobacco reven-
ue guarantee fund (Part A); and to amend the county law, in relation
to filing an annual report regarding certain expenditures for indigent
legal services (Part B)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law components of legislation which
2 are necessary to implement certain operational changes within the
3 Department of Audit and Control and make technical corrections to vari-
4 ous provisions of law. Each component is wholly contained within a Part
5 identified as Parts A and B. The effective date for each particular
6 provision contained within such Part is set forth in the last section of
7 such Part. Any provision in any section contained within a Part, includ-
8 ing the effective date of the Part, which makes a reference to a section
9 "of this act", when used in connection with that particular component,
10 shall be deemed to mean and refer to the corresponding section of the
11 Part in which it is found. Section three of this act sets forth the
12 general effective date of this act.
13 PART A
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10429-07-6
A. 7292--C 2
1 Section 1. Subdivision 1 of section 97-cccc of the state finance law,
2 as amended by section 1 of part J of chapter 686 of the laws of 2003, is
3 amended to read as follows:
4 1. There is hereby established in the [sole] joint custody of the
5 state comptroller and the commissioner of taxation and finance a fund to
6 be known as the tobacco revenue guarantee fund.
7 § 2. This act shall take effect immediately.
8 PART B
9 Section 1. Subdivision 2 of section 722-f of the county law, as added
10 by section 4 of part J of chapter 62 of the laws of 2003, is amended to
11 read as follows:
12 2. (a) The county executive or chief executive officer of each county
13 or, in the case of a county wholly contained within a city, such city
14 shall file an annual report which specifies in detail and certifies to
15 the [state comptroller] office of indigent legal services the total
16 expenditures of such county or city, identifying "local funds", as
17 defined in paragraph (c) of subdivision [four] two of section ninety-
18 eight-b of the state finance law, state funds, federal funds and funds
19 received from a "private source" as described in subdivision [four] two
20 of section ninety-eight-b of the state finance law, for providing legal
21 representation to persons who were financially unable to afford counsel,
22 pursuant to this article. Such annual report shall be made on a form
23 developed for such purpose by the [state comptroller] office of indigent
24 legal services.
25 (b) Such annual report, detailing expenditures for the period January
26 first through December thirty-first of the previous calendar year, shall
27 be filed on or before the first day of March of each year[, provided,
28 however, that the first report required by this subdivision shall
29 contain the required information, separately stated, for the two
30 preceeding calendar years].
31 § 2. This act shall take effect immediately.
32 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
33 sion, section or part of this act shall be adjudged by any court of
34 competent jurisdiction to be invalid, such judgment shall not affect,
35 impair, or invalidate the remainder thereof, but shall be confined in
36 its operation to the clause, sentence, paragraph, subdivision, section
37 or part thereof directly involved in the controversy in which such judg-
38 ment shall have been rendered. It is hereby declared to be the intent of
39 the legislature that this act would have been enacted even if such
40 invalid provisions had not been included herein.
41 § 3. This act shall take effect immediately provided, however, that
42 the applicable effective date of Parts A and B of this act shall be as
43 specifically set forth in the last section of such Parts.
