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A07292 Summary:

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A07292 Text:

 
                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.