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S04529 Summary:

BILL NOS04529
 
SAME ASSAME AS A00164
 
SPONSORSCARCELLA-SPANTON
 
COSPNSRHINCHEY
 
MLTSPNSR
 
Add §15-a, Mil L; amd §97-v, St Fin L
 
Provides that the attorney general, in consultation with the adjutant general and the chair of the board of trustees of the New York interest on lawyer account fund, establish a military pro bono program to provide legal assistance without charge to those in active military service of the United States and those military personnel who have been deployed for active duty other than training, and their family members domiciled or stationed in the state; makes related provisions.
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S04529 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4529
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 6, 2025
                                       ___________
 
        Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
          and when printed to be committed to the Committee on  Veterans,  Home-
          land Security and Military Affairs
 
        AN  ACT to amend the military law and the state finance law, in relation
          to legal assistance for military families

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The military law is amended by adding a new section 15-a to
     2  read as follows:
     3    § 15-a. Legal assistance for military families. 1. The attorney gener-
     4  al shall, in consultation with the adjutant general and the chair of the
     5  board  of  trustees  of  the  New  York interest on lawyer account fund,
     6  establish a military pro bono program to provide legal assistance  with-
     7  out  charge to those in active military service of the United States and
     8  those military personnel who have been deployed for  active  duty  other
     9  than  training,  and  their family members domiciled or stationed in the
    10  state.
    11    2. The assistance provided by such program shall include, but  not  be
    12  limited  to:  (a)  civil  law;  (b) family law; (c) estate planning; (d)
    13  employment law; (e) immigration law; (f) debtor-creditor  law;  and  (g)
    14  military administrative law.
    15    3.  The  attorney  general  and the adjutant general may apply for and
    16  receive grants, gifts, donations, bequests, or  other  contributions  to
    17  support  the  military  pro bono program and shall deposit such funds in
    18  the New York interest on lawyer account fund, to be used exclusively for
    19  legal assistance for military families pursuant to paragraph c of subdi-
    20  vision three of section ninety-seven-v of the state finance law.
    21    4. The adjutant  general  shall  establish  a  military  family  legal
    22  assistance  advisory committee to include, among others, representatives
    23  from each of the legal assistance offices on military  installations  in
    24  the  state,  the New York state bar association's committee on veterans,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00737-01-5

        S. 4529                             2
 
     1  the division of veterans' services, the office of court  administration,
     2  veterans  service  organizations,  military  support  organizations, and
     3  organizations involved in coordinating, supporting and delivering  civil
     4  legal  aid  and pro bono legal services in New York state. The committee
     5  shall be co-chaired by the state judge advocate or their assistants, and
     6  the chair of the board of trustees of the New York  interest  on  lawyer
     7  account  fund,  or  the  chair's  designee, and shall provide advice and
     8  assistance to the attorney general regarding program design,  operation,
     9  volunteer  recruitment,  support strategies, service delivery objectives
    10  and priorities, and funding for the military pro bono program.
    11    5. The attorney general may promulgate rules and regulations necessary
    12  to effectuate the purposes of this section.
    13    § 2. Paragraph c of subdivision 3 of section 97-v of the state finance
    14  law, as added by chapter 659 of the laws of 1983, is amended to read  as
    15  follows:
    16    c.  The remaining funds shall be allocated for purposes related to the
    17  improvement of the administration of justice, including, but not limited
    18  to, legal assistance for military families pursuant to  a  military  pro
    19  bono  program  established  under section fifteen-a of the military law,
    20  the provision of civil legal services to groups currently underserved by
    21  legal services, such as the elderly and the disabled, and  the  enhance-
    22  ment of civil legal services to the poor through innovative and cost-ef-
    23  fective  means, such as volunteer lawyer programs and support and train-
    24  ing services.
    25    § 3. This act shall take effect immediately.
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