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A07292 Summary:

BILL NOA07292C
 
SAME ASSAME AS S05601-C
 
SPONSORFarrell
 
COSPNSR
 
MLTSPNSR
 
Amd §97-cccc, St Fin L; amd §722-f, County L
 
Relates to the tobacco revenue guarantee fund and filing an annual report regarding certain expenditures for indigent legal services.
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A07292 Memo:

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 As part of the 2010 enactment, portions of former State Finance Law § 98-b were repealed, including the provisions that moneys from the indigent Legal Services Fund be distributed at the direction of the State Comptroller upon demonstration of the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.
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