S T A T E   O F   N E W   Y O R K
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                                  7231

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced by M. of A. WEINSTEIN, LENTOL -- (at request of the Governor)
  -- read once and referred to the Committee on Judiciary

AN  ACT  authorizing  the  state comptroller to distribute certain funds
  from the indigent legal services fund to certain counties

  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  March  31,  2009 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 counties that, as
of March 24, 2009, have failed to comply with the requirements of  para-
graph  (c)  of  subdivision  4  of  such  section in accordance with the
provisions of this act.
  a. The state comptroller shall determine the average annual amount  of
local  funds  expended  by  each  such  county for services and expenses
pursuant to article 18-B of the county law  during  the  three  calendar
years  beginning  January 1, 2005 and ending December 31, 2007, based on
the amounts of local funds reported to the  state  comptroller  by  such
counties  pursuant  to section 722-f of the county law.  Any such county
that, pursuant to section 722-f of the county law, reported to the state
comptroller that it expended such local funds during the  calendar  year
beginning  January  1,  2008  and  ending December 31, 2008 in an amount
equal to or greater than such three year  annual  average  amount  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.
  b.  Any  such county that does not qualify for a distribution of state
funds from the indigent legal services fund pursuant to subdivision a of
this section shall receive a distribution of  funds  from  the  indigent
legal  services  fund  in the amount such county would have received had
such county complied with the requirements of paragraph (c) of  subdivi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12038-02-9
              

A. 7231                             2

sion  4 of section 98-b of the state finance law less the product of the
amount such county would have received had such county complied with the
requirements of paragraph (c) of subdivision 4 of section  98-b  of  the
state  finance law multiplied by the percentage decrease in local funds,
expended by each such county in the calendar year beginning  January  1,
2008  and  ending  December  31,  2008  as compared to the calendar year
beginning January 1, 2007 and ending December 31, 2007 as calculated  by
the state comptroller based on the amount of local funds reported to the
comptroller  by  such  counties  pursuant to section 722-f of the county
law.
  c. Funds remaining in the indigent legal services  fund  for  distrib-
ution  by  March  31,  2009 that result from the calculation required by
subdivision b of this section shall be distributed to all counties  and,
in  the  case of a county wholly contained within a city, a city that as
of March 24, 2009, demonstrated compliance with paragraph (c) of  subdi-
vision  4  of  section  98-b  of the state finance law, according to the
percentage share of the statewide sum of local funds  expended  by  each
such county and city.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2009.