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Finance Law § 98-b were repealed, including the provisions that moneys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.
