Bill S7809-2009

Authorizes the state comptroller to distribute certain funds from the indigent legal services fund to Orleans county

Authorizes the state comptroller to distribute certain funds from the indigent legal services fund to Orleans county.

Details

Actions

  • Jun 14, 2010: ADVANCED TO THIRD READING
  • Jun 10, 2010: 2ND REPORT CAL.
  • Jun 9, 2010: 1ST REPORT CAL.922
  • May 13, 2010: REFERRED TO LOCAL GOVERNMENT

Votes

VOTE: COMMITTEE VOTE: - Local Government - Jun 9, 2010
Ayes (6): Stewart-Cousins, Oppenheimer, Valesky, Johnson C, Little, Bonacic
Ayes W/R (1): Thompson
Excused (1): Morahan

Memo

 BILL NUMBER:  S7809

TITLE OF BILL : An act authorizing the state comptroller to distribute certain funds from the indigent legal services fund to Orleans county

PURPOSE OR GENERAL IDEA OF BILL : This bill authorizes the Comptroller to disburse monies from the indigent legal services fund to Orleans County in an amount equal to what the County would have received had it met its statutory maintenance of effort formula requirements

SUMMARY OF SPECIFIC PROVISIONS : Section 1. Notwithstanding any other provision of law to the contrary the State Comptroller shall determine the amount of local funds expended by Orleans County for services and expenses pursuant to article 18-B of the County law during the 2009 calendar year and disburse state funds from the indigent legal services fund as if the county had complied with the requirements set out in paragraph (C) of subdivision 4 of section 98-b of the state finance law.

JUSTIFICATION : Last year the Governor proposed and the legislature adopted S.3641/A.7231, that allowed the counties of Nassau, Delaware, Herkimer, Otsego and Wayne to receive all or at least a percentage of the funds that they expected from ILSF, even though they had not met their statutory maintenance of effort formula requirements.

This year Orleans County faces the same situation. The Counties inability to meet its maintenance of effort formula requirement was due to a lighter caseload, and had no impact on its level of service to indigent clients. The MOE system punished smaller counties like Orleans and would result in a $118,835 hit to the Counties budget. This is simply unfair and this legislation seeks to rectify the situation.

PRIOR LEGISLATIVE HISTORY : New bill.

FISCAL IMPLICATIONS : This bill would have no impact on the State budget but, would provide fiscal relief to Orleans County.

EFFECTIVE DATE : This act shall take effect immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 7809 IN SENATE May 13, 2010 ___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT authorizing the state comptroller to distribute certain funds from the indigent legal services fund to Orleans county THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any other provision of law to the contrary, for the 2010 distribution of funds from the indigent legal services fund established pursuant to section 98-b of the state finance law, the state comptroller shall distribute funds to the county of Orleans, notwith- standing the failure of such county to comply with the requirements of paragraph (c) of subdivision 4 of such section, in accordance with the provisions of this act. The state comptroller shall determine the amount of local funds expended by Orleans county for services and expenses pursuant to article 18-B of the county law during calendar year begin- ning January 1, 2009 based on the amounts of local funds reported to the state comptroller by such county pursuant to section 722-f of the county law. The county of Orleans shall receive a distribution of state funds from the indigent legal services fund as if such county had complied with the requirements of paragraph (c) of subdivision 4 of section 98-b of the state finance law. S 2. This act shall take effect immediately.

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