S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3641

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                    March 25, 2009
                                      ___________

       Introduced  by  Sen.  C. JOHNSON -- (at request of the Governor) -- read
         twice and ordered printed, and when printed to  be  committed  to  the
         Committee on Rules

       AN  ACT  authorizing  the  state comptroller to distribute certain funds
         from the indigent legal services fund to certain counties

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Notwithstanding any other provision of law to the contrary,
    2  for  the  March  31,  2009 distribution of funds from the indigent legal
    3  services fund established pursuant to section 98-b of the state  finance
    4  law,  the  state comptroller shall distribute funds to counties that, as
    5  of March 24, 2009, have failed to comply with the requirements of  para-
    6  graph  (c)  of  subdivision  4  of  such  section in accordance with the
    7  provisions of this act.
    8    a. The state comptroller shall determine the average annual amount  of
    9  local  funds  expended  by  each  such  county for services and expenses
   10  pursuant to article 18-B of the county law  during  the  three  calendar
   11  years  beginning  January 1, 2005 and ending December 31, 2007, based on
   12  the amounts of local funds reported to the  state  comptroller  by  such
   13  counties  pursuant  to section 722-f of the county law.  Any such county
   14  that, pursuant to section 722-f of the county law, reported to the state
   15  comptroller that it expended such local funds during the  calendar  year
   16  beginning  January  1,  2008  and  ending December 31, 2008 in an amount
   17  equal to or greater than such three year  annual  average  amount  shall
   18  receive  a  distribution of state funds from the indigent legal services
   19  fund as if such county had complied with the requirements  of  paragraph
   20  (c) of subdivision 4 of section 98-b of the state finance law.
   21    b.  Any  such county that does not qualify for a distribution of state
   22  funds from the indigent legal services fund pursuant to subdivision a of
   23  this section shall receive a distribution of  funds  from  the  indigent
   24  legal  services  fund  in the amount such county would have received had

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12038-02-9
       S. 3641                             2

    1  such county complied with the requirements of paragraph (c) of  subdivi-
    2  sion  4 of section 98-b of the state finance law less the product of the
    3  amount such county would have received had such county complied with the
    4  requirements  of  paragraph  (c) of subdivision 4 of section 98-b of the
    5  state finance law multiplied by the percentage decrease in local  funds,
    6  expended  by  each such county in the calendar year beginning January 1,
    7  2008 and ending December 31, 2008  as  compared  to  the  calendar  year
    8  beginning  January 1, 2007 and ending December 31, 2007 as calculated by
    9  the state comptroller based on the amount of local funds reported to the
   10  comptroller by such counties pursuant to section  722-f  of  the  county
   11  law.
   12    c.  Funds  remaining  in the indigent legal services fund for distrib-
   13  ution by March 31, 2009 that result from  the  calculation  required  by
   14  subdivision  b of this section shall be distributed to all counties and,
   15  in the case of a county wholly contained within a city, a city  that  as
   16  of  March 24, 2009, demonstrated compliance with paragraph (c) of subdi-
   17  vision 4 of section 98-b of the state  finance  law,  according  to  the
   18  percentage  share  of  the statewide sum of local funds expended by each
   19  such county and city.
   20    S 2. This act shall take effect immediately and  shall  be  deemed  to
   21  have been in full force and effect on and after March 31, 2009.