Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Apr 20, 2023 | print number 999a |
Apr 20, 2023 | amend and recommit to finance |
Jan 09, 2023 | referred to finance |
senate Bill S999A
Establishes the right to legal counsel in immigration court proceedings and provides for the administration thereof
Sponsored By
Brad Hoylman-Sigal
(D, WF) 47th Senate District
Current Bill Status - In Senate Committee Finance Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Co-Sponsors
Jamaal T. Bailey
(D) 36th Senate District
Neil D. Breslin
(D, WF) 46th Senate District
Jabari Brisport
(D, WF) 25th Senate District
Samra G. Brouk
(D, WF) 55th Senate District
- view additional co-sponsors
Cordell Cleare
(D) 30th Senate District
Leroy Comrie
(D) 14th Senate District
Jeremy A. Cooney
(D, WF) 56th Senate District
Nathalia Fernandez
(D) 34th Senate District
Michael Gianaris
(D, WF) 12th Senate District
Kristen Gonzalez
(D, WF) 59th Senate District
Andrew Gounardes
(D) 26th Senate District
Pete Harckham
(D, WF) 40th Senate District
Robert Jackson
(D, WF) 31st Senate District
Brian Kavanagh
(D) 27th Senate District
John C. Liu
(D) 16th Senate District
Rachel May
(D, WF) 48th Senate District
Shelley B. Mayer
(D, WF) 37th Senate District
Zellnor Myrie
(D) 20th Senate District
Kevin S. Parker
(D, WF) 21st Senate District
Roxanne J. Persaud
(D) 19th Senate District
Jessica Ramos
(D, WF) 13th Senate District
Gustavo Rivera
(D, WF) 33rd Senate District
Julia Salazar
(D, WF) 18th Senate District
Luis R. Sepúlveda
(D) 32nd Senate District
José M. Serrano
(D, WF) 29th Senate District
Toby Ann Stavisky
(D) 11th Senate District
Kevin Thomas
(D) 6th Senate District
Lea Webb
(D, WF) 52nd Senate District
S999 - Details
S999 - Sponsor Memo
BILL NUMBER: S999 SPONSOR: HOYLMAN-SIGAL TITLE OF BILL: An act to amend the executive law, in relation to establishing the right to legal counsel in immigration court proceedings and providing for the administration thereof PURPOSE OF BILL: The Access to Representation Act would: (1) establish a universal right to counsel for indigent New Yorkers who are subject to removal proceedings under federal immigration law, as well as related proceedings such as efforts to obtain special findings orders or certif- ications of helpfulness in state court; (2) appoint the Director of the New York State Office for New Americans as the administrator in charge of effectuating this right, and empowering the administrator to promul- gate rules, policies, and procedures as needed; (3) monitor and improve the legal services provided to covered individuals and submit an annual report to state officials summarizing its activities; (4) require that New York State appropriate the sums necessary to effectuate the right to
counsel; (5) encourage local governments and private sources that currently provide funding for legal services to continue providing such funding; and (6) establish an advisory committee to advise and assist the administrator in carrying out its responsibilities. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill is the title clause, establishing the Access to Representation Act. Section 2 of the bill creates a new Section 94-C to Article 6 of the New York State Executive Law ("Right to Counsel in Immigration Court Proceedings") with the following provisions: - Subdivision 1 establishes the definitions used throughout the Act, including establishing that the Director of the Office for New Americans is be the administrator of the right to counsel program. Other defi- nitions delineate exactly which individuals are covered individuals under this statute, and therefore have a right to counsel, and the circumstances in which they benefit from those rights. - Subdivision 2 mandates that covered individuals be provided with legal counsel, and enumerates the points at which the right to counsel attaches, differentiating between removal proceedings, expedited removal proceedings, the reinstatement of a final order of removal, instances where an individual's proceedings are consolidated with those of a covered individual, and instances involving a minor whose parent is a covered individual in immigration proceedings. This subdivision also enumerates the circumstances under which the rights granted by this statute will terminate, including if such individual's proceedings are terminated or dismissed by an immigration court or other, competent authority, if a final order or judgment is issued and there remains no reasonable pathway to seek relief, if an individual ceases to be a New York domiciliary, if an individual's income is found to be too high to qualify for coverage, or if an individual waives the right to counsel knowingly and voluntarily on the record. - Subdivision 3 delegates responsibility to the administrator to effec- tuate the right to counsel, and grants the administrator authority to promulgate rules, policies, and procedures in order to do so. - Subdivision 4 requires the state to establish a dedicated fund, and appropriate sufficient sums in to such fund, to allow for the provision of legal services to covered individuals. This subdivision contains provisions to ensure that funds appropriated will be used only to supplement and not supplant any existing state, local, or private fund- ing that is, or is anticipated to be, expended for the provision of legal services to covered individuals. This subdivision also makes clear that the state is not required to expend funds to provide services to covered individuals to the extent that local governments, or private- sources, are already providing such funds. - Subdivision 5 establishes an advisory committee to assist the adminis- trator effectuating the right to counsel. The advisory committee is made up of appointees from the governor, the temporary president of the senate, and the speaker of the assembly, and must include three repre- sentatives from legal services providers designated by the administra- tor, one representative from community-based organizations that provide services to covered individuals in immigration proceedings, and one representative from the private bar. The administrator serves on the committee in an ex-officio capacity. - Subdivision 6 clarifies that private rights of action to enforce the provisions of this statute are explicitly barred. -Subdivision 7 contains miscellaneous provisions including a preemption clause and a severability clause. - Section 3 of the bill is the effective date. JUSTIFICATION: This legislation is necessary to ensure due process and access to justice for immigrant New Yorkers for three main reasons: * Immigrants face potentially severe consequences in immigration proceedings, includ- ing removal and family separation; ** Immigrant New Yorkers face signif- icant challenges in accessing counsel in immigration court proceedings; and *** Immigrants with access to counsel fare dramatically better in immigration court proceedings. Each reason is discussed in detail below. Federal law does not provide a guaranteed right to counsel in immigration proceedings.(1) In certain removal proceedings, whether an immigrant is allowed to remain in the United States, or instead forced to return to her country of origin, is a matter, of life and death. In other cases, an immigrant in immigration proceedings may face the loss of home, family, or community. For some immigrants, this loss may be especially draconian, as the United States may have been the only home they have ever known, and losing this home means being separated from their families and communities and deported to a country that they do not know or recognize. Immigrants can be detained indefinitely in prison-type settings under civil, administrative authority only, without the constitutional protections available in the criminal context. Immigration court proceedings directly affect the liberty interests of these detained immigrants, and their success in these proceedings could mean the difference between freedom or continued imprisonment. In immigration proceedings, the government is always represented by a trained attorney, but many indigent immigrants have no choice but to defend their cases alone. New and ever-changing administrative policies compound the diffi- culties indigent immigrants face in navigating a complex legal system with which they are not familiar. Increasing access to representation is thus imperative to ensure due process and access to justice. Because immigration is primarily an area of federal law, and given the critical interests involved, both the New York State Bar Association and the American Bar Association have called for the creation of a federally funded system of appointed counsel for indigent immigrants in immi- gration court proceedings. However, until such a federally funded system is established, both Associations have noted that states must act to protect the rights of immigrants. New York is home to more than 4.5 million immigrants, (2) all of whom could potentially face immigration court proceedings. It is estimated that nearly 1 million of those immigrants lack lawful status(3) and are thus particularly vulnerable to immigration enforcement. Many others are ineligible to become United States citizens and are at risk of removal from the United States. Despite the critical interests at risk in such proceedings, immigrant New Yorkers face numerous challenges in their access to counsel, includ- ing geographic distances, political fears, financial considerations, long waiting lists, and language barriers.(4) Indigent immigrant New Yorkers cannot afford an attorney to defend them in immigration court proceedings, and they often cannot obtain low-cost or pro bono legal counsel either due to a lack of funding, or restrictive funding, a lack of such providers in many areas of New York, or other barriers. The legal service providers that exist to serve these vulnerable populations are understaffed and overburdened, located far from the vulnerable popu- lations, or lack the necessary resources to help non-English-speaking immigrants. Immigrants wishing to appeal negative immigration court decisions face even greater challenges in accessing counsel. Only 58% of nonprofits even handle appeals of immigration court cases,(5) and the burden on them to do so is tremendous, given the current challenges of adequate funding and staffing. This legislation would help ensure appropriate funding for immigration legal services and remove these common barriers so that immigrant New Yorkers can access counsel, regardless of their income, language, or geographic location. Access to counsel is inexorably linked to access to justice in immi- gration court. Having legal representation is one of the most important variables in obtaining a successful outcome.(6) A study by the American Immigration Council, which analyzed data on case outcomes obtained from the Department of Justice Executive Office for Immigration Review, demonstrated that having an attorney made it more likely for an immi- grant to: - Be released from custody: 44% of represented immigrants were given a custody hearing, compared to 18% of unrepresented immigrants, and 44* of represented immigrants were actually released from custody, compared to 11* of unrepresented immigrants;(7) - Appear in immigration court: "Ninety percent of unrepresented immi- grants with removal orders were removed in absentia versus only 29 percent of their represented counterparts with removal orders;"(8) - Defend themselves against removal charges: 21% of represented detained immigrants fought off removal either by filing successful applications for relief or successfully challenging the proceedings in the first instance, compared to 2% of unrepresented detained immigrants, and 60% of never-detained represented immigrants did the same versus 17% of never-detained unrepresented immigrants;(9) and Win their cases: Of those that filed applications for relief from removal, 32% of detained immigrants won their case, compared to 3% of unrepresented detained immigrants, and 78% of never-detained represented immigrants won their case versus 15% of never-detained unrepresented immigrants.(10) The benefits of legal representation in immigration court proceedings has become even more evident through the successes of the New York Immi- grant Family Unity Project (NYIFUP), the pioneering public defender model for detained immigrants that began in New York City in 2013. The first round of assessment of NYIFUP shows that access to lawyers has resulted in a 48% success rate for detained New Yorkers, compared to 4% pre-NYIFUP.(11) This represents a 1,100% increase in a detained individ- ual's chances of winning their cases before an immigration judge.(12) The proven impact of legal representation on case outcomes makes it imperative to provide access to counsel for immigrant New Yorkers facing immigration proceedings, especially given the quasi-criminal and adver- sarial nature of such proceedings. This is true despite additional burdens that may be placed on legal services providers in New York State. This legislation will help ensure that due process is served for vulnerable immigrant New Yorkers and that the principles of fundamental fairness are observed. PRIOR LEGISLATIVE HISTORY: S.81-B of 2021-2022 (Hoylman): Died in Finance A.1961-A of 2021-2022 (Cruz): Died in Codes S.7216 of 2020 (Holyman): Died in Local Government A.8736 of 2019-2020 (Galef): Died in Ways and Means FISCAL IMPLICATIONS: TO be determined. EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date. * Immigrants. Face Potentially Severe Conse- quences in Immigration Proceedings, Including Removal and Family Sepa- ration. ** Immigrant New Yorkers Face Significant Challenges in Access- ing Counsel in Immigration Court Proceedings. *** Immigrants with Access to Counsel Fare Dramatically Better in Immigration Court Proceedings. (1) John R. Mills, Kristen M. Echemendia & Stephen Yale-Loehr, "Death is Different" and a Refugee's Right to Counsel, 42 CORNELL INT'L L.J. 361, 366-67 (2009) (2) Immigrants and the Economy in New York, New Am. Econ., https://www.newamericaneconomy. org/locations/new-york/ (last visited 1444 29, 2019). (3) Profile of Unauthorized Population: New York, Migration Pol'y Inst., https://www.migrationpolicy. org/data/unauthorized-immigrant-population /state/NY (last visited Mar. 23, 2019) (4) See N.Y Immigration Coalition & Immigration Advocates Response Collaborative, No Safe Harbor: Challenges in Obtaining Immigration Legal Services in New York State 6 (2018 Update), www.nyic.org/ nosafe- harbor. (5) Id. at 6. (6) Stacy Caplow, Peter L. Markowitz, et al., Accessing Justice: The Availablity and Adequacy of Counsel in Removal Proceedings New York immigrant Representation Study Report: Part 1, 33 Cardozo L. Rev357, 363 (Dec. 2011) (7) Ingrid Eagly & Steven Shafer, Am. Immigration Council, Access to Counsel in Immigration Court 17 (2016), https://www.americanimmigrationcouncil.org/ sites/default/filesi research/ accesstocounselinimmigration_court.pdf. (8)Id.at18. (9)Id.atl9. (10)Id.at20 (11) Jennifer Stave et al., Vera Inst. of Justice, Evaluation of the New York Immigrant Family Unity Project: Assessing the Impact of Legal Representation on Family and Community Unity 5-6 (Nov. 2017), https:// storage.googleapis.com/vera-web-assets/downloads/ Publications/ new- york-immigrant-family-unity- project-evaluation/legacy_downloads/ newyork- immigrant-family-unity-project-evaluation.pdf. (12) Id. at 6.
S999 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 999 2023-2024 Regular Sessions I N S E N A T E January 9, 2023 ___________ Introduced by Sens. HOYLMAN, BAILEY, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, GIANARIS, GOUNARDES, HARCKHAM, JACKSON, KAVANAGH, LIU, MAY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO, STAVISKY, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to establishing the right to legal counsel in immigration court proceedings and providing for the administration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as "the access to representation act". § 2. The executive law is amended by adding a new section 94-d to read as follows: § 94-D. RIGHT TO COUNSEL IN IMMIGRATION COURT PROCEEDINGS. 1. DEFI- NITIONS. AS USED IN THIS SECTION: (A) "ADMINISTRATOR" MEANS THE DIRECTOR OF THE NEW YORK STATE OFFICE FOR NEW AMERICANS. (B) "COVERED INDIVIDUAL" MEANS ANY INCOME-ELIGIBLE INDIVIDUAL IN DETENTION IN NEW YORK, TRANSFERRED FROM DETENTION IN NEW YORK TO IMMI- GRATION DETENTION IN ANOTHER STATE, OR WHO IS SUBJECT TO REMOVAL OR INSPECTION PURSUANT TO 8 U.S.C. § 1229A OR 8 U.S.C. § 1225 AND THEIR IMPLEMENTING REGULATIONS, OR SUBJECT TO A FINAL ORDER OF REMOVAL UNDER 8 C.F.R. § 1241.1, REGARDLESS OF AGE, IN A COVERED PROCEEDING WHO IS: (I) A NEW YORK STATE DOMICILIARY WHO IS A NON-UNITED STATES CITIZEN; (II) A NEW YORK STATE DOMICILIARY WHO IS A UNITED STATES CITIZEN OR WHOSE UNITED STATES CITIZENSHIP IS IN DISPUTE; OR (III) ANY INDIVIDUAL WHOSE PROCEEDINGS HAVE A SIGNIFICANT NEXUS TO NEW YORK STATE SUCH THAT THEY SHOULD BE PROVIDED RELIEF UNDER THIS STATUTE. SIGNIFICANT NEXUS SHALL BE ESTABLISHED IN THE FOLLOWING CIRCUMSTANCES: IF AN INDIVIDUAL IS IN DETENTION OR INCARCERATED IN THE STATE OF NEW EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01980-01-3
S. 999 2 YORK, IF AN INDIVIDUAL IS TRANSFERRED BY FEDERAL IMMIGRATION AUTHORITIES FROM NEW YORK TO IMMIGRATION DETENTION IN ANOTHER STATE, IF AN INDIVID- UAL HAS AN IMMIGRATION CASE IN A TRIBUNAL LOCATED IN THE STATE OF NEW YORK, IF AN INDIVIDUAL IS A NEW YORK DOMICILIARY AND DETAINED BY FEDERAL IMMIGRATION AUTHORITIES ANYWHERE IN THE UNITED STATES, IF AN INDIVIDUAL HAD AN IMMIGRATION CASE LOCATED IN A TRIBUNAL IN NEW YORK BEFORE BEING TRANSFERRED BY IMMIGRATION AUTHORITIES FROM DETENTION IN NEW JERSEY TO IMMIGRATION DETENTION IN ANOTHER STATE OR, AS DETERMINED BY THE ADMINIS- TRATOR OR DESIGNEE OF THE ADMINISTRATOR. (C) "COVERED PROCEEDING" MEANS ANY PROCEEDING IN A COVERED VENUE IN WHICH A COVERED INDIVIDUAL IS SEEKING AN AVENUE OF RELIEF FROM REMOVAL FROM THE UNITED STATES, OR IS CHALLENGING HIS OR HER ARREST OR DETENTION UNDER THE IMMIGRATION AND NATIONALITY ACT ("INA"), AS AMENDED, AND ITS IMPLEMENTING REGULATIONS. A COVERED PROCEEDING INCLUDES, IF APPLICABLE, A PROCEEDING OR HEARING IN IMMIGRATION COURT; A PROCEEDING BEFORE THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; A PROCEEDING IN A TRIBUNAL LOCATED IN NEW YORK FOR PURPOSES OF OBTAINING ANY ORDER NECES- SARY FOR OR RELEVANT TO IMMIGRATION RELIEF; A HABEAS CORPUS OR OTHER RELEVANT PETITION TO A FEDERAL DISTRICT COURT CHALLENGING DETENTION UNDER THE INA; MOTIONS TO REOPEN OR RECONSIDER UNDER 8 U.S.C. § 1229(A); A PETITION FOR REVIEW UNDER 8 U.S.C. § 1252; A REMAND TO A FEDERAL DISTRICT COURT FROM THE UNITED STATES CIRCUIT COURTS OF APPEALS FOR FACT-FINDING PURPOSES; AND ANY APPEAL RELATED TO ANY OF THE FOREGOING TO THE BOARD OF IMMIGRATION APPEALS, THE UNITED STATES CIRCUIT COURTS OF APPEALS, AND/OR THE UNITED STATES SUPREME COURT. (D) "COVERED VENUE" MEANS: (I) AN IMMIGRATION COURT ANYWHERE IN THE UNITED STATES WHERE THE CASE OF A COVERED INDIVIDUAL IS LOCATED; (II) ANY TRIBUNAL LOCATED WITHIN NEW YORK STATE, INCLUDING, BUT NOT LIMITED TO, FAMILY COURTS AND FEDERAL DISTRICT COURTS; (III) WITH RESPECT TO THE PROVISION OF LEGAL SERVICES IN THE CONTEXT OF EXPEDITED REMOVALS, ANY LOCATION WITHIN THE BORDERS OF NEW YORK STATE WHERE EXPEDITED REMOVALS ARE PROCESSED; (IV) THE BOARD OF IMMIGRATION APPEALS; (V) THE UNITED STATES CIRCUIT COURTS OF APPEALS; (VI) THE UNITED STATES SUPREME COURT; (VII) UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; AND (VIII) ANY TRIBUNAL AS DETERMINED BY THE ADMINISTRATOR OR A DESIGNEE OF THE ADMIN- ISTRATOR ON A CASE-BY-CASE BASIS. (E) "DOMICILE" MEANS A PRINCIPAL LOCATION WHERE A PERSON, WHEREVER TEMPORARILY LOCATED, INTENDS TO RESIDE. (F) "DOMICILIARY" MEANS A PERSON THAT HAS ESTABLISHED DOMICILE WITH RESPECT TO A PARTICULAR JURISDICTION. (G) "IMMIGRATION COURT" MEANS A TRIBUNAL OF THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OR A SUCCESSOR ENTITY TASKED WITH DECIDING THE INAD- MISSIBILITY OR DEPORTABILITY OF A NONCITIZEN OF THE UNITED STATES THAT IS PRESIDED OVER BY AN IMMIGRATION JUDGE AS DEFINED IN 8 U.S.C. § 1101(B)(4). (H) "INCOME-ELIGIBLE INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS DEEMED ELIGIBLE FOR LEGAL SERVICES IN A COVERED PROCEEDING BASED ON PRE-SET INCOME-RELATED CRITERIA PROMULGATED BY THE ADMINISTRATOR, BUT IN ANY EVENT MUST AT A MINIMUM INCLUDE ANY INDIVIDUAL WHOSE ANNUAL GROSS HOUSE- HOLD INCOME IS NOT IN EXCESS OF TWO HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES AS UPDATED PERIODICALLY IN THE FEDERAL REGISTER BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THE AUTHORITY OF 42 U.S.C. § 9902(2). (I) "LEGAL SERVICES" MEANS INDIVIDUALIZED LEGAL ASSISTANCE IN A SINGLE CONSULTATION AND/OR ONGOING LEGAL REPRESENTATION, PROVIDED BY A LEGAL SERVICES PROVIDER TO A COVERED INDIVIDUAL, AND ALL LEGAL ADVICE, ADVOCA- S. 999 3 CY, AND ASSISTANCE, INCLUDING BUT NOT LIMITED TO SOCIAL SERVICE ASSIST- ANCE, ASSOCIATED WITH SUCH SERVICE. (J) "LEGAL SERVICES PROVIDER" MEANS AN INDIVIDUAL, ORGANIZATION, OR ASSOCIATION THAT HAS THE AUTHORITY TO PROVIDE LEGAL SERVICES AND IS DESIGNATED BY THE ADMINISTRATOR TO PROVIDE SUCH SERVICES. 2. RIGHT TO COUNSEL IN IMMIGRATION PROCEEDINGS. (A) ALL COVERED INDI- VIDUALS SHALL HAVE THE RIGHT TO LEGAL SERVICES AS PROVIDED IN THIS PARA- GRAPH. (I) COVERED INDIVIDUALS FACING A COVERED PROCEEDING SHALL HAVE THE RIGHT TO ONGOING LEGAL REPRESENTATION UNTIL TERMINATION IS AUTHORIZED PURSUANT TO PARAGRAPHS (C) AND (D) OF THIS SUBDIVISION. (II) COVERED INDIVIDUALS FACING A COVERED PROCEEDING IN A COVERED VENUE OTHER THAN AN IMMIGRATION COURT IN NEW YORK OR NEW JERSEY SHALL HAVE THE RIGHT TO A CONSULTATION PROVIDED BY A LEGAL SERVICES PROVIDER, AND IF FOUND BY THE LEGAL SERVICES PROVIDER TO HAVE A VIABLE APPLICATION FOR APPEAL, CHALLENGE TO A COURT ORDER, OR OTHER FORM OF RELIEF FROM REMOVAL FROM THE UNITED STATES, SHALL HAVE THE RIGHT TO ONGOING LEGAL REPRESENTATION. (B) THE RIGHT TO COUNSEL ESTABLISHED IN PARAGRAPH (A) OF THIS SUBDIVI- SION SHALL ATTACH: (I) IN THE CASE OF PROCEEDINGS FOR REMOVAL PURSUANT TO 8 U.S.C. § 1229A, UPON RECEIPT OF A NOTICE TO APPEAR, AS DEFINED IN 8 U.S.C. § 1229. THE OBLIGATIONS OF THIS SECTION SHALL BE SATISFIED IF COUNSEL IS PROVIDED TO A COVERED INDIVIDUAL NO LATER THAN THEIR FIRST APPEARANCE IN A COVERED PROCEEDING, OR AS SOON THEREAFTER AS IS PRACTICABLE. (II) IN THE CASE OF REMOVAL PROCEEDINGS PURSUANT TO 8 U.S.C. § 1225, UPON THE COMMENCEMENT OF SUCH PROCEEDINGS, OR AS SOON THEREAFTER AS IS PRACTICABLE. (III) IN THE CASE OF A REFERRAL TO AN IMMIGRATION JUDGE FOR A HEARING PURSUANT TO 8 U.S.C. § 1231(B)(3) OR 8 U.S.C. § 1158, UPON RECEIPT OF A NOTICE OF REFERRAL TO IMMIGRATION JUDGE, OR AS SOON THEREAFTER AS IS PRACTICABLE. (IV) IN THE CASE OF A REINSTATEMENT OF A FINAL ORDER OF REMOVAL, UPON SUCH REINSTATEMENT, OR AS SOON THEREAFTER AS IS PRACTICABLE. (V) IN ALL OTHER CASES, AS SOON AS IS PRACTICABLE. (C) SUBJECT TO THE PROVISIONS OF PARAGRAPH (D) OF THIS SUBDIVISION, THE RIGHT TO COUNSEL ESTABLISHED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL TERMINATE: (I) UPON THE TERMINATION OR DISMISSAL OF REMOVAL PROCEEDINGS OR ANY RELATED APPELLATE MATTER IN RESPECT OF A COVERED INDIVIDUAL BY THE IMMI- GRATION COURT OR OTHER COMPETENT TRIBUNAL OR AUTHORITY; (II) UPON THE ISSUANCE OF A FINAL ORDER OR JUDGMENT IN RESPECT TO A COVERED INDIVIDUAL'S REMOVAL PROCEEDINGS FROM WHICH THERE REMAINS NO OPPORTUNITY FOR APPEAL OR OTHER AVENUE FOR RELIEF INCLUDING, BUT NOT LIMITED TO, MOTIONS TO REOPEN, MOTIONS TO RECONSIDER, AND PETITIONS FOR REVIEW; PROVIDED, HOWEVER, THAT LEGAL SERVICES PROVIDERS SHALL NOT BE REQUIRED TO PURSUE APPEALS OR OTHER AVENUES FOR RELIEF THAT ARE SPECULA- TIVE OR FRIVOLOUS; (III) IF AN INDIVIDUAL COVERED BY VIRTUE OF BEING A NEW YORK STATE DOMICILIARY CEASES TO BE A NEW YORK STATE DOMICILIARY AND ESTABLISHES DOMICILE IN A JURISDICTION OUTSIDE OF NEW YORK STATE; (IV) IF AN INDIVIDUAL COVERED BY VIRTUE OF BEING TRANSFERRED FROM NEW YORK TO IMMIGRATION DETENTION IN ANOTHER STATE IS RELEASED FROM DETENTION AND IS NOT A NEW YORK STATE DOMICILIARY; (V) IF IT IS DISCOVERED THAT THE INITIAL DETERMINATION THAT AN INDI- VIDUAL WAS AN INCOME-ELIGIBLE INDIVIDUAL WAS ERRONEOUS AT THE TIME THAT S. 999 4 SUCH DETERMINATION WAS MADE, AS SOON AS SUCH DISCOVERY OCCURS; PROVIDED, HOWEVER, THAT SUCH INDIVIDUAL WILL CONTINUE TO BE PROVIDED WITH LEGAL SERVICES PURSUANT TO THIS SUBDIVISION FOR A REASONABLE AMOUNT OF TIME TO ENABLE SUCH PERSON TO OBTAIN ALTERNATIVE COUNSEL, SO AS NOT TO MATE- RIALLY PREJUDICE SUCH INDIVIDUAL'S CHANCE OF SUCCESS IN ANY COVERED PROCEEDING; (VI) IF A COVERED INDIVIDUAL KNOWINGLY AND VOLUNTARILY WAIVES THE RIGHT TO COUNSEL; OR (VII) UPON A DETERMINATION BY A LEGAL SERVICES PROVIDER AFTER THE CONSULTATION DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION THAT A COVERED INDIVIDUAL FACING A COVERED PROCEEDING IN A COVERED VENUE OTHER THAN AN IMMIGRATION COURT HAS NO VIABLE APPLICATION FOR APPEAL, CHALLENGE TO A COURT ORDER, NOR OTHER FORM OF RELIEF FROM REMOVAL FROM THE UNITED STATES. (D) NOTWITHSTANDING THE REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVI- SION, THE RIGHTS ESTABLISHED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT TERMINATE IF: (I) AN IMMIGRATION JUDGE DECLINES TO ALLOW A LEGAL SERVICES PROVIDER TO WITHDRAW FROM REPRESENTING A COVERED INDIVIDUAL; OR (II) A LEGAL SERVICES PROVIDER IS PROHIBITED FROM CEASING TO PROVIDE LEGAL SERVICES PURSUANT TO THE NEW YORK RULES OF PROFESSIONAL CONDUCT OR THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW'S PRACTICE MANUAL. 3. POWERS AND DUTIES OF THE ADMINISTRATOR. THE ADMINISTRATOR IS CHARGED WITH IMPLEMENTING THE REQUIREMENTS OF THIS SECTION NO LATER THAN JANUARY FIRST, TWO THOUSAND THIRTY-TWO, AND SHALL PROMULGATE SUCH RULES, POLICIES, AND PROCEDURES NECESSARY AND APPROPRIATE TO ACCOMPLISH SUCH IMPLEMENTATION NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-SIX. SUCH RULES, POLICIES, AND PROCEDURES SHALL INCLUDE, BUT NOT BE LIMITED TO, THE MEASURES DELINEATED IN THIS SUBDIVISION, WITH ANNUAL BENCHMARKS TO ENSURE FULL IMPLEMENTATION BY JANUARY FIRST, TWO THOUSAND THIRTY-TWO. THE ADMINISTRATOR SHALL HAVE THE POWER AND RESPONSIBILITY, INDEPENDENTLY AND/OR THROUGH ONE OR MORE DESIGNEES, TO: (A) ENSURE THAT ALL COVERED INDIVIDUALS BE ADVISED OF THEIR RIGHT TO COUNSEL AND BE OFFERED LEGAL SERVICES AS PROVIDED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION; (B) ENSURE INDEPENDENT, COMPETENT, HIGH QUALITY, AND ZEALOUS REPRESEN- TATION OF COVERED INDIVIDUALS RECEIVING LEGAL SERVICES PROVIDED PURSUANT TO THIS SECTION; (C) EXAMINE, EVALUATE, AND MONITOR LEGAL SERVICES PROVIDED PURSUANT TO THIS SECTION; (D) COLLECT AND RECEIVE INFORMATION AND DATA REGARDING THE PROVISION OF LEGAL SERVICES NOT PROTECTED BY ATTORNEY-CLIENT PRIVILEGE, WORK PROD- UCT PRIVILEGE, OR ANY OTHER APPLICABLE PRIVILEGE, OR THAT CAN BE DISCLOSED BY LEGAL SERVICES PROVIDERS WITHOUT VIOLATING THE NEW YORK RULES OF PROFESSIONAL CONDUCT, INCLUDING BUT NOT LIMITED TO: (I) THE TYPES AND COMBINATIONS OF SUCH SERVICES BEING UTILIZED ACROSS THE STATE; (II) THE SALARIES AND OTHER COMPENSATION PAID TO INDIVIDUAL ADMINIS- TRATORS, ATTORNEYS, AND STAFF IN CONNECTION WITH THE PROVISION OF SUCH SERVICES; (III) THE CASELOADS OF LEGAL SERVICES PROVIDERS PROVIDING LEGAL SERVICES IN CONNECTION WITH THE PROVISION OF SUCH SERVICES; (IV) THE TYPES, NATURE, AND TIMING OF DISPOSITIONS OF CASES HANDLED BY LEGAL SERVICES PROVIDERS PROVIDING LEGAL SERVICES; (V) THE ACTUAL EXPENDITURES CURRENTLY BEING MADE IN CONNECTION WITH THE PROVISION OF LEGAL SERVICES; AND S. 999 5 (VI) THE TIME, FUNDS, AND IN-KIND RESOURCES CURRENTLY BEING SPENT ON PROVIDING SUCH LEGAL SERVICES AND THE AMOUNT BEING SPENT ON ANCILLARY SERVICES SUCH AS SUPPORT STAFF AND EXPERT WITNESSES; (E) ANALYZE AND EVALUATE COLLECTED DATA, AND UNDERTAKE ANY NECESSARY RESEARCH AND STUDIES, IN ORDER TO CONSIDER AND RECOMMEND MEASURES TO ENHANCE THE PROVISION OF EFFECTIVE LEGAL SERVICES AND TO ENSURE THAT RECIPIENTS OF LEGAL SERVICES ARE PROVIDED WITH QUALITY REPRESENTATION FROM FISCALLY RESPONSIBLE PROVIDERS, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO STANDARDS, CRITERIA, AND A PROCESS FOR QUALIFYING AND RE-QUA- LIFYING LEGAL SERVICES PROVIDERS TO PROVIDE LEGAL SERVICES; (F) ESTABLISH MEASURES OF PERFORMANCE WHICH PROGRAMS SHALL REGULARLY REPORT TO THE ADMINISTRATOR TO ASSIST THE ADMINISTRATOR IN MONITORING THE QUALITY OF LEGAL SERVICES; (G) ESTABLISH THE STANDARDS AND CRITERIA USED IN PROGRAMS TO DETERMINE WHETHER INDIVIDUAL LEGAL SERVICES PROVIDERS ARE QUALIFIED TO PROVIDE LEGAL SERVICES; (H) ESTABLISH THE CRITERIA AND PROCEDURES USED TO DETERMINE WHETHER A PERSON IS ELIGIBLE TO RECEIVE LEGAL SERVICES, INCLUDING REQUIREMENTS RELATED TO INCOME AND DOMICILE, AND TO TRACK THE NUMBER OF PERSONS CONSIDERED FOR AND APPLICANTS DENIED SUCH SERVICES, THE REASONS FOR THE DENIALS, AND THE RESULTS OF ANY REVIEW OF SUCH DENIALS; (I) ESTABLISH STANDARDS AND CRITERIA FOR THE PROVISION OF LEGAL SERVICES IN CASES INVOLVING A CONFLICT OF INTEREST; (J) DEVELOP RECOMMENDATIONS TO IMPROVE THE DELIVERY OF LEGAL SERVICES; (K) TARGET GRANTS AND ESTABLISH STRATEGIC PROGRAMS IN SUPPORT OF INNO- VATIVE AND COST-EFFECTIVE SOLUTIONS THAT ENHANCE THE PROVISION OF AND CAPACITY FOR LEGAL SERVICES, INCLUDING, BUT NOT LIMITED TO, A CAPACITY BUILDING PIPELINE TO BRING NEW ATTORNEYS INTO THE FIELD AND INCLUDING COLLABORATIVE EFFORTS SERVING MULTIPLE JURISDICTIONS WHERE COVERED INDI- VIDUALS AND COVERED PROCEEDINGS ARE LOCATED; (L) INVESTIGATE AND MONITOR ANY OTHER MATTER RELEVANT TO THE PROVISION OF LEGAL SERVICES WHICH THE ADMINISTRATOR DEEMS IMPORTANT; (M) REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, OR OTHER AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE OR ANY PUBLIC AUTHORITY SUCH ASSISTANCE, INFORMATION, AND DATA AS WILL ENABLE THE ADMINISTRATOR TO PROPERLY CARRY OUT ITS FUNCTIONS, POWERS, AND DUTIES, SUBJECT TO LIMITATIONS ON THE DISCLOSURE OF INFORMA- TION PROVIDED ON A PRIVILEGED BASIS TO LEGAL SERVICES PROVIDERS, AS WELL AS LIMITATIONS ON THE DISCLOSURE OF INFORMATION BY LEGAL SERVICES PROVIDERS UNDER THE NEW YORK RULES OF PROFESSIONAL CONDUCT; (N) APPLY FOR AND ACCEPT ANY GRANT OR OTHER SOURCE OF FUNDING FOR PURPOSES OF CARRYING OUT THE REQUIREMENTS OF THIS SECTION. ANY SUMS SO RECEIVED MAY BE EXPENDED BY THE ADMINISTRATOR TO EFFECTUATE THE FULFILL- MENT OF ANY SUCH REQUIREMENT, SUBJECT TO ANY RELEVANT REQUIREMENTS RELATED TO THE APPROVAL OF EXPENDITURE OF FUNDS AND AUDITS OF SUCH EXPENDITURES; (O) DEVELOP, PUBLISH, AND IMPLEMENT A WRITTEN PLAN THAT ESTABLISHES NUMERICAL CASELOAD/WORKLOAD STANDARDS FOR ALL LEGAL SERVICES PROVIDERS, WITH SUCH PLAN TO BE COMPLETED AND PUBLISHED WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE ENACTMENT OF THIS SECTION, AND TO MONITOR AND PERIOD- ICALLY REPORT ON THE IMPLEMENTATION OF AND COMPLIANCE WITH THE PLAN; (P) DEVELOP AND IMPLEMENT A WRITTEN PLAN, AND TO MONITOR AND PERIOD- ICALLY REPORT ON THE IMPLEMENTATION OF AND COMPLIANCE WITH SUCH PLAN, TO IMPROVE THE QUALITY OF LEGAL SERVICES PROVIDED TO COVERED INDIVIDUALS, AND TO ENSURE THAT LEGAL SERVICES PROVIDERS PROVIDING SUCH REPRESEN- TATION RECEIVE EFFECTIVE SUPERVISION AND TRAINING, HAVE ACCESS TO AND S. 999 6 APPROPRIATELY UTILIZE INTERPRETERS AND EXPERT WITNESSES ON BEHALF OF CLIENTS, COMMUNICATE EFFECTIVELY WITH THEIR CLIENTS, HAVE THE NECESSARY QUALIFICATIONS AND EXPERIENCE; (Q) BEGINNING IN TWO THOUSAND TWENTY-SEVEN, AND BY SEPTEMBER FIFTEENTH OF EACH YEAR THEREAFTER, SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE, DESCRIBING COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION, INCLUDING BUT NOT LIMITED TO: (I) THE CRITERIA USED TO DETERMINE WHETHER AN INDIVIDUAL IS ELIGIBLE FOR LEGAL SERVICES; (II) THE PROCEDURES USED TO DETERMINE WHETHER AN INDIVIDUAL IS ELIGI- BLE TO RECEIVE LEGAL SERVICES; (III) THE NUMBER OF INDIVIDUALS DEEMED ELIGIBLE AND INELIGIBLE FOR LEGAL SERVICES; (IV) THE NUMBER OF CASES STARTED AND COMPLETED AND THE OUTCOMES OF THOSE CASES; AND (V) QUALITATIVE REVIEW OF THE LEGAL SERVICES PROVIDED; AND (R) BEGINNING IN TWO THOUSAND TWENTY-SEVEN, AND BY SEPTEMBER FIFTEENTH OF EVERY SECOND YEAR THEREAFTER, IN CONSULTATION WITH THE ADVISORY COMMITTEE, SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE DIRECTOR OF THE DIVISION OF THE BUDGET, PRESENTING AN ANALYSIS OF QUALITATIVE AND QUANTITATIVE DATA ON IMMIGRATION COURT CASES AND IMMIGRATION ENFORCEMENT ACTIVITY AND RECOMMENDATIONS FOR ADJUSTMENTS IN FUNDING TO ENSURE COMPLIANCE WITH THIS SECTION. 4. FUNDING. (A) THE STATE SHALL ESTABLISH A DEDICATED FUND AND SHALL APPROPRIATE SUFFICIENT SUMS INTO SUCH FUND TO FULLY CARRY OUT THE REQUIREMENTS OF THIS SECTION. FUNDS NECESSARY TO FULLY CARRY OUT THE REQUIREMENTS OF THIS SECTION SHALL BE DETERMINED ANNUALLY BY DECEMBER FIRST OF EACH YEAR BY THE SECRETARY OF STATE, IN CONSULTATION WITH THE ADMINISTRATOR AND THE DIRECTOR OF THE DIVISION OF THE BUDGET UPON REVIEW OF THE REPORT SUBMITTED BY THE ADMINISTRATOR PURSUANT TO PARAGRAPH (R) OF SUBDIVISION THREE OF THIS SECTION. (B) THE ADMINISTRATOR WILL BE CHARGED WITH ENSURING THAT APPROPRIATED FUNDS ARE TIMELY DISTRIBUTED TO LEGAL SERVICES PROVIDERS FOR THE PROVISION OF LEGAL SERVICES. (C) NOTWITHSTANDING THE REQUIREMENTS OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, SUMS APPROPRIATED TO CARRY OUT THE REQUIREMENTS OF THIS SECTION SHALL BE USED TO SUPPLEMENT AND NOT SUPPLANT ANY STATE, LOCAL, OR PRIVATE FUNDING THAT IS, OR IS ANTICIPATED TO BE, EXPENDED FOR THE PROVISION OF LEGAL SERVICES TO COVERED INDIVIDUALS, AND THE STATE SHALL NOT BE REQUIRED TO APPROPRIATE ANY FUNDS FOR LEGAL SERVICES TO THE EXTENT THAT OBLIGATIONS ASSOCIATED WITH THE PROVISION OF LEGAL SERVICES ARE OTHERWISE FULLY SATISFIED BY FUNDS RECEIVED FROM STATE, LOCAL, OR PRIVATE SOURCES, OR BY THE UNITED STATES GOVERNMENT IN SATISFACTION OF ANY LEGAL OBLIGATION. 5. ADVISORY COMMITTEE. (A) THERE SHALL BE AN ADVISORY COMMITTEE WHICH SHALL WORK, IN COLLABORATION WITH THE ADMINISTRATOR, TO DEVELOP PROGRAMS, POLICIES, TRAINING, AND PROCEDURES NECESSARY TO EFFECTUATE THE REQUIREMENTS OF THIS SECTION. THE ADMINISTRATOR SHALL COLLABORATE WITH THE ADVISORY COMMITTEE ON MATTERS INCLUDING, BUT NOT LIMITED TO: (I) THE RATES OF COMPENSATION FOR LEGAL SERVICES; (II) COMMUNITY ENGAGEMENT EFFORTS; (III) THE SUFFICIENCY OF ACCESS TO AND THE QUALITY OF LEGAL SERVICES PROVIDED TO COVERED INDIVIDUALS IN COVERED VENUES; S. 999 7 (IV) THE SUFFICIENCY OF SPACE AVAILABLE FOR DESIGNATED PROVIDERS IN COVERED VENUES; (V) ENSURING INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY HAVE ACCESS TO APPROPRIATE TRANSLATION SERVICES; AND (VI) OTHER EFFORTS BY OTHER STATES TO SUPPORT INDIVIDUALS FACING DEPORTATION. (B) THE ADVISORY COMMITTEE SHALL BE COMPRISED OF NINE MEMBERS. THE GOVERNOR SHALL APPOINT FIVE MEMBERS OFFERING SERVICES TO INDIVIDUALS IN COVERED PROCEEDINGS, REPRESENTING THE GEOGRAPHIC REGIONS WHERE COVERED INDIVIDUALS AND COVERED VENUES ARE LOCATED. THE GOVERNOR'S APPOINTEES SHALL FURTHER CONSIST OF NO MORE THAN ONE REPRESENTATIVE OF THE PRIVATE BAR AND FOUR REPRESENTATIVES OF LEGAL SERVICES PROVIDERS AND REPRESEN- TATIVES OF COMMUNITY-BASED ORGANIZATIONS OFFERING SERVICES TO COVERED INDIVIDUALS. THE SPEAKER OF THE ASSEMBLY AND TEMPORARY PRESIDENT OF THE SENATE SHALL APPOINT TWO MEMBERS EACH. THE ADMINISTRATOR SHALL SERVE EX OFFICIO. THE GOVERNOR SHALL DESIGNATE ONE MEMBER TO SERVE AS CHAIR OF THE ADVISORY COMMITTEE. (C) EACH MEMBER, OTHER THAN THE MEMBER SERVING IN AN EX OFFICIO CAPAC- ITY, SHALL SERVE FOR A TERM OF TWO YEARS, WITH INITIAL TERMS FOR EACH COMMITTEE SEAT COMMENCING ON JANUARY FIRST, TWO THOUSAND TWENTY-SIX AND EXPIRING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT. INITIAL APPOINTMENTS UNDER THIS SUBDIVISION MUST BE MADE WITHIN TWENTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION. ANY VACANCIES SHALL BE FILLED PROMPTLY AND IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT, AND THE APPOINTEE FILLING SUCH VACANCY SHALL SERVE FOR THE UNEXPIRED PORTION OF THE TERM OF THE SUCCEEDED MEMBER. ANY COMMITTEE MEMBER MAY BE REAP- POINTED FOR ADDITIONAL TERMS. A MEMBER OF THE ADVISORY COMMITTEE SHALL CONTINUE IN SUCH POSITION UPON THE EXPIRATION OF THEIR TERM AND UNTIL SUCH TIME AS THEY ARE REAPPOINTED OR THEIR SUCCESSOR IS APPOINTED, AS THE CASE MAY BE. (D) MEMBERS OF THE ADVISORY COMMITTEE SHALL SERVE WITHOUT COMPEN- SATION, BUT SHALL BE ALLOWED AND REIMBURSED FOR THEIR REASONABLE ACTUAL AND NECESSARY EXPENSES INCURRED IN PERFORMANCE OF THEIR FUNCTIONS UNDER THIS SECTION BY THE ADMINISTRATOR. (E) THE ADVISORY COMMITTEE'S INITIAL MEETING SHALL TAKE PLACE WITHIN THIRTY DAYS OF THE APPOINTMENT OF ALL REQUIRED COMMITTEE MEMBERS UNDER PARAGRAPH (B) OF THIS SUBDIVISION, OR WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, WHICHEVER IS SOONER. THE ADVISORY COMMITTEE SHALL MEET NO LESS THAN FOUR TIMES PER YEAR. THE ADVISORY COMMITTEE MAY ESTAB- LISH ITS OWN PROCEDURES WITH RESPECT TO THE CONDUCT OF ITS MEETINGS AND ITS OTHER AFFAIRS; PROVIDED, HOWEVER, THAT THE QUORUM AND MAJORITY PROVISIONS OF SECTION FORTY-ONE OF THE GENERAL CONSTRUCTION LAW SHALL GOVERN ALL ACTIONS TAKEN BY THE ADVISORY COMMITTEE. (F) MEMBERSHIP ON THE ADVISORY COMMITTEE SHALL NOT CONSTITUTE THE HOLDING OF AN OFFICE. THE ADVISORY COMMITTEE SHALL NOT HAVE THE POWER TO EXERCISE ANY PORTION OF THE SOVEREIGN POWER OF THE STATE. NO MEMBER OF THE ADVISORY COMMITTEE SHALL BE DISQUALIFIED FROM HOLDING ANY PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE OR EMPLOYMENT, BY REASON OF HIS OR HER APPOINTMENT PURSUANT TO THIS SECTION, NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL, OR LOCAL LAW; ORDINANCE; OR CITY CHARTER. (G) BEGINNING IN TWO THOUSAND TWENTY-SIX, THE ADVISORY COMMITTEE SHALL PRODUCE A REPORT CONCERNING ITS DUTIES PURSUANT TO THIS SECTION AND ANY RELATED RECOMMENDATIONS, AND SUCH REPORT SHALL BE INCLUDED IN THE REPORT SUBMITTED BY THE ADMINISTRATOR TO THE GOVERNOR, THE SPEAKER OF THE S. 999 8 ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE UNDER PARAGRAPH (Q) OF SUBDIVISION THREE OF THIS SECTION. 6. NO PRIVATE RIGHT OF ACTION. NOTHING IN THIS SECTION OR THE ADMINIS- TRATION OR APPLICATION THEREOF SHALL BE CONSTRUED TO CREATE A PRIVATE RIGHT OF ACTION ON THE PART OF ANY PERSON OR ENTITY AGAINST THE STATE OR ANY AGENCY, INSTRUMENTALITY, OFFICIAL, OR EMPLOYEE THEREOF. 7. MISCELLANEOUS PROVISIONS. (A) ANY LEGAL SERVICES PERFORMED BY A LEGAL SERVICES PROVIDER PURSUANT TO THIS SECTION SHALL NOT SUPPLANT, REPLACE, OR SATISFY ANY OBLIGATIONS OR RESPONSIBILITIES OF SUCH LEGAL SERVICES PROVIDER PURSUANT TO ANY OTHER PROGRAM, AGREEMENT, OR CONTRACT. (B) THE PROVISIONS OF THIS SECTION SHALL SUPERSEDE CONFLICTING STATE OR LOCAL LAWS, RULES, POLICIES, PROCEDURES, AND PRACTICES, EXCEPT TO THE EXTENT THAT THE PROVISIONS OF ANY SUCH STATE OR LOCAL LAW, RULE, POLICY, PROCEDURE, OR PRACTICE MAY PROVIDE ANY ADDITIONAL OR GREATER RIGHT OR PROTECTION. NOTHING IN THIS SECTION SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE ANY POWER, DUTY, OR OBLIGATION PROHIBITED BY FEDERAL LAW. (C) IF ANY PROVISION OF THIS SECTION OR ANY APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH INVALIDITY SHALL NOT AFFECT ANY PROVISION OR APPLICATION OF THIS SECTION THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION. TO THIS END, THE PROVISIONS OF THIS SECTION ARE SEVERABLE. § 3. This act shall take effect immediately.
Co-Sponsors
Jamaal T. Bailey
(D) 36th Senate District
Neil D. Breslin
(D, WF) 46th Senate District
Jabari Brisport
(D, WF) 25th Senate District
Samra G. Brouk
(D, WF) 55th Senate District
- view additional co-sponsors
Cordell Cleare
(D) 30th Senate District
Leroy Comrie
(D) 14th Senate District
Jeremy A. Cooney
(D, WF) 56th Senate District
Nathalia Fernandez
(D) 34th Senate District
Michael Gianaris
(D, WF) 12th Senate District
Kristen Gonzalez
(D, WF) 59th Senate District
Andrew Gounardes
(D) 26th Senate District
Pete Harckham
(D, WF) 40th Senate District
Robert Jackson
(D, WF) 31st Senate District
Brian Kavanagh
(D) 27th Senate District
John C. Liu
(D) 16th Senate District
Rachel May
(D, WF) 48th Senate District
Shelley B. Mayer
(D, WF) 37th Senate District
Zellnor Myrie
(D) 20th Senate District
Kevin S. Parker
(D, WF) 21st Senate District
Roxanne J. Persaud
(D) 19th Senate District
Jessica Ramos
(D, WF) 13th Senate District
Gustavo Rivera
(D, WF) 33rd Senate District
Julia Salazar
(D, WF) 18th Senate District
Luis R. Sepúlveda
(D) 32nd Senate District
José M. Serrano
(D, WF) 29th Senate District
Toby Ann Stavisky
(D) 11th Senate District
Kevin Thomas
(D) 6th Senate District
Lea Webb
(D, WF) 52nd Senate District
S999A (ACTIVE) - Details
S999A (ACTIVE) - Sponsor Memo
BILL NUMBER: S999A SPONSOR: HOYLMAN-SIGAL TITLE OF BILL: An act to amend the executive law, in relation to establishing the right to legal counsel in immigration court proceedings and providing for the administration thereof PURPOSE OF BILL: The Access to Representation Act would: (1) establish a universal right to counsel for indigent New Yorkers who are subject to removal proceedings under federal immigration law, as well as related proceedings such as efforts to obtain special findings orders or certif- ications of helpfulness in state court; (2) appoint the Director of the New York State Office for New Americans as the administrator in charge of effectuating this right, and empowering the administrator to promul- gate rules, policies, and procedures as needed; (3) monitor and improve the legal services provided to covered individuals and submit an annual report to state officials summarizing its activities; (4) require that New York State appropriate the sums necessary to effectuate the right to counsel; (5) encourage local governments and private sources that
currently provide funding for legal services to continue providing such funding; and (6) establish an advisory committee to advise and assist the administrator in carrying out its responsibilities. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill is the title clause, establishing the Access to Representation Act. Section 2 of the bill creates a new Section 94-C to Article 6 of the New York State Executive Law ("Right to Counsel in Immigration Court Proceedings") with the following provisions: -Subdivision 1 establishes the definitions used throughout the Act, including establishing that the Director of the Office for New Americans is be the administrator of the right to counsel program. Other defi- nitions delineate exactly which individuals are covered individuals under this statute, and therefore have a right to counsel, and the circumstances in which they benefit from those rights. -Subdivision 2 mandates that covered individuals be provided with legal counsel, and enumerates the points at which the right to counsel attaches, differentiating between removal proceedings, expedited removal proceedings, the reinstatement of a final order of removal, instances where an individual's proceedings are consolidated with those of a covered individual, and instances involving a minor whose parent is a covered individual in immigration proceedings. This subdivision also enumerates the circumstances under which the rights granted by this statute will terminate, including if such individual's proceedings are terminated or dismissed by an immigration court or other, competent authority, if a final order or judgment is issued and there remains no reasonable pathway to seek relief, if an individual ceases to be a New York domiciliary, if an individual's income is found to be too high to qualify for coverage, or if an individual waives the right to counsel knowingly and voluntarily on the record. -Subdivision 3 delegates responsibility to the administrator to effectu- ate the right to counsel, and grants the administrator authority to promulgate rules, policies, and procedures in order to do so. -Subdivision 4 requires the state to establish a dedicated fund, and appropriate sufficient sums in to such fund, to allow for the provision of legal services to covered individuals. This subdivision contains provisions to ensure that funds appropriated will be used only to supplement and not supplant any existing state, local, or private fund- ing that is, or is anticipated to be, expended for the provision of legal services to covered individuals. This subdivision also makes clear that the state is not required to expend funds to provide services to covered individuals to the extent that local governments, or private- sources, are already providing such funds. -Subdivision 5 establishes an advisory committee to assist the adminis- trator effectuating the right to counsel. The advisory committee is made up of appointees from the governor, the temporary president of the senate, and the speaker of the assembly, and must include three repre- sentatives from legal services providers designated by the administra- tor, one representative from community-based organizations that provide services to covered individuals in immigration proceedings, and one representative from the private bar. The administrator serves on the committee in an ex-officio capacity. -Subdivision 6 clarifies that private rights of action to enforce the provisions of this statute are explicitly barred. -Subdivision 7 contains miscellaneous provisions including a preemption clause and a severability clause. -Section 3 of the bill is the effective date. JUSTIFICATION: This legislation is necessary to ensure due process and access to justice for immigrant New Yorkers for three main reasons: * Immigrants face potentially severe consequences in immigration proceedings, includ- ing removal and family separation; ** Immigrant New Yorkers face signif- icant challenges in accessing counsel in immigration court proceedings; and *** Immigrants with access to counsel fare dramatically better in immigration court proceedings. Each reason is discussed in detail below. Federal law does not provide a guaranteed right to counsel in immi- gration proceedings. (1) In certain removal proceedings, whether an immigrant is allowed to remain in the United States, or instead forced to return to her country of origin, is a matter, of life and death. In other cases, an immigrant in immigration proceedings may face the loss of home, family, or community. For some immigrants, this loss may be especially draconian, as the United States may have been the only home they have ever known, and losing this home means being separated from their families and communities and deported to a country that they do not know or recognize. Immigrants can be detained indefinitely in prison-type settings under civil, administrative authority only, without the constitutional protections available in the criminal context. Immigration court proceedings directly affect the liberty interests of these detained immigrants, and their success in these proceedings could mean the difference between freedom or continued imprisonment. In immigration proceedings, the government is always represented by a trained attorney, but many indigent immigrants have no choice but to defend their cases alone. New and ever-changing administrative policies compound the diffi- culties indigent immigrants face in navigating a complex legal system with which they are not familiar. Increasing access to representation is thus imperative to ensure due process and access to justice. Because immigration is primarily an area of federal law, and given the critical interests involved, both the New York State Bar Association and the American Bar Association have called for the creation of a federally funded system of appointed counsel for indigent immigrants in immi- gration court proceedings. However, until such a federally funded system is established, both Associations have noted that states must act to protect the rights of immigrants. New York is home to more than 4.5 million immigrants, (2) all of whom could potentially face immigration court proceedings. It is estimated that nearly 1 million of those immigrants lack lawful status(3) and are thus particularly vulnerable to immigration enforcement. Many others are ineligible to become United States citizens and are at risk of removal from the United States. Despite the critical interests at risk in such proceedings, immigrant New Yorkers face numerous challenges in their access to counsel, includ- ing geographic distances, political fears, financial considerations, long waiting lists, and language barriers. (4) Indigent immigrant New Yorkers cannot afford an attorney to defend them in immigration court proceedings, and they often cannot obtain low-cost or pro bono legal counsel either due to a lack of funding, or restrictive funding, a lack of such providers in many areas of New York, or other barriers. The legal service providers that exist to serve these vulnerable populations are understaffed and overburdened, located far from the vulnerable popu- lations, or lack the necessary resources to help non-English-speaking immigrants. Immigrants wishing to appeal negative immigration court decisions face even greater challenges in accessing counsel. Only 58% of nonprofits even handle appeals of immigration court cases,(5) and the burden on them to do so is tremendous, given the current challenges of adequate funding and staffing. This legislation would help ensure appropriate funding for immigration legal services and remove these common barriers so that immigrant New Yorkers can access counsel, regardless of their income, language, or geographic location. Access to counsel is inexorably linked to access to justice in immi- gration court. Having legal representation is one of the most important variables in obtaining a successful outcome. (6) A study by the Ameri- can Immigration Council, which analyzed data on case outcomes obtained from the Department of Justice Executive Office for Immigration Review, demonstrated that having an attorney made it more likely for an immi- grant to: -Be released from custody: 44% of represented immigrants were given a custody hearing, compared to 18% of unrepresented immigrants, and 44% of represented immigrants were actually released from custody, compared to 11% of unrepresented immigrants;(7) -Appear in immigration court: "Ninety percent of unrepresented immi- grants with removal orders were removed in absentia versus only 29 percent of their represented counterparts with removal orders;" (8) -Defend themselves against removal charges: 21% of represented detained immigrants fought off removal either by filing successful applications for relief or successfully challenging the proceedings in the first instance, compared to 2% of unrepresented detained immigrants, and 60% of never-detained represented immigrants did the same versus 17% of never-detained unrepresented immigrants;(9) and Win their cases: Of those that filed applications for relief from removal, 32% of detained immigrants won their case, compared to 3% of unrepresented detained immigrants, and 78% of never-detained represented immigrants won their case versus 15% of never-detained unrepresented immigrants. (10) The benefits of legal representation in immigration court proceedings has become even more evident through the successes of the New York Immi- grant Family Unity Project (NYIFUP), the pioneering public defender model for detained immigrants that began in New York City in 2013. The first round of assessment of NYIFUP shows that access to lawyers has resulted in a 48% success rate for detained New Yorkers, compared to 4% pre-NYIFUP.(11) This represents a 1,100% increase in a detained individ- ual's chances of winning their cases before an immigration judge.(12) The proven impact of legal representation on case outcomes makes it imperative to provide access to counsel for immigrant New Yorkers facing immigration proceedings, especially given the quasi-criminal and adver- sarial nature of such proceedings. This is true despite additional burdens that may be placed on legal services providers in New York State. This legislation will help ensure that due process is served for vulnerable immigrant New Yorkers and that the principles of fundamental fairness are observed. PRIOR LEGISLATIVE HISTORY: S.81-B of 2021-2022 (Hoylman): Died in Finance A.1961-A of 2021-2022 (Cruz): Died in Codes S.7216 of 2020 (Holyman): Died in Local Government A.8736 of 2019-2020 (Galef): Died in Ways and Means FISCAL IMPLICATIONS: To be determined. EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date. * Immigrants Face Potentially Severe Conse- quences in Immigration Proceedings, Including Removal and Family Sepa- ration. ** Immigrant New Yorkers Face Significant Challenges in Access- ing Counsel in Immigration Court Proceedings. *** Immigrants with Access to Counsel Fare Dramatically Better in Immigration Court Proceedings. (1) John R. Mills, Kristen M. Echemendia & Stephen Yale-Loehr, "Death is Different" and a Refugee's Right to Counsel, 42 CORNELL INT'L L.J. 361, 366-67 (2009) (2) Immigrants and the Economy in New York, New Am. Econ., https://www.newamericaneconomy.org/locations/new-york/ (last visited 1444 29, 2019). (3) Profile of Unauthorized Population: New York, Migration Pol'y Inst., https://www.migrationpolicy.org/data /unauthorized-immigrant-population/state/NY (last visited Mar. 23, 2019) (4) See N.Y Immigration Coalition & Immigration Advocates Response Collaborative, No Safe Harbor: Challenges in Obtaining Immigration Legal Services in New York State 6 (2018 Update), www.nyic.org/nosafeharbor. (5)Id. at 6. (6) Stacy Caplow, Peter L. Markowitz, et al., Accessing Justice: The Availablity and Adequacy of Counsel in Removal Proceedings New York immigrant Representation Study Report: Part 1, 33 Cardozo L. Rev357, 363 (Dec. 2011) (7) Ingrid Eagly & Steven Shafer, Am. Immigration Council, Access to Counsel in Immigration Court 17 (2016), https://www.americanimmigrationcouncil.org/sites /default/files/research/accesstocounselinimmigration_court.pdf. (8)Id.at18. (9)Id.at19. (10)Id.at20 (11) Jennifer Stave et al., Vera Inst. of Justice, Evaluation of the New York Immigrant Family Unity Project: Assessing the Impact of Legal Representation on Family and Community Unity 5-6 (Nov. 2017), https://storage.googleapis.com/vera-web-assets/downloads /Publications/new-york-immigrant-family-unity-project-evaluation /legacy_downloads/newyork-immigrant-family-unity-project-evaluation.pdf. (12) Id. at 6.
S999A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 999--A 2023-2024 Regular Sessions I N S E N A T E January 9, 2023 ___________ Introduced by Sens. HOYLMAN-SIGAL, BAILEY, BRESLIN, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, JACKSON, KAVANAGH, LIU, MAY, MAYER, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO, STAVISKY, THOMAS, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to establishing the right to legal counsel in immigration court proceedings and providing for the administration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as "the access to representation act". § 2. The executive law is amended by adding a new section 94-d to read as follows: § 94-D. RIGHT TO COUNSEL IN IMMIGRATION COURT PROCEEDINGS. 1. DEFI- NITIONS. AS USED IN THIS SECTION: (A) "ADMINISTRATOR" MEANS THE DIRECTOR OF THE NEW YORK STATE OFFICE FOR NEW AMERICANS. (B) "COVERED INDIVIDUAL" MEANS ANY INCOME-ELIGIBLE INDIVIDUAL IN DETENTION IN NEW YORK, TRANSFERRED FROM DETENTION IN NEW YORK TO IMMI- GRATION DETENTION IN ANOTHER STATE, OR WHO IS SUBJECT TO REMOVAL OR INSPECTION PURSUANT TO 8 U.S.C. § 1229A OR 8 U.S.C. § 1225 AND THEIR IMPLEMENTING REGULATIONS, OR SUBJECT TO A FINAL ORDER OF REMOVAL UNDER 8 C.F.R. § 1241.1, REGARDLESS OF AGE, IN A COVERED PROCEEDING WHO IS: (I) A NEW YORK STATE DOMICILIARY WHO IS A NON-UNITED STATES CITIZEN; (II) A NEW YORK STATE DOMICILIARY WHO IS A UNITED STATES CITIZEN OR WHOSE UNITED STATES CITIZENSHIP IS IN DISPUTE; OR (III) ANY INDIVIDUAL WHOSE PROCEEDINGS HAVE A SIGNIFICANT NEXUS TO NEW YORK STATE SUCH THAT THEY SHOULD BE PROVIDED RELIEF UNDER THIS STATUTE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01980-04-3
S. 999--A 2 SIGNIFICANT NEXUS SHALL BE ESTABLISHED IN THE FOLLOWING CIRCUMSTANCES: IF AN INDIVIDUAL IS IN DETENTION OR INCARCERATED IN THE STATE OF NEW YORK, IF AN INDIVIDUAL IS TRANSFERRED BY FEDERAL IMMIGRATION AUTHORITIES FROM NEW YORK TO IMMIGRATION DETENTION IN ANOTHER STATE, IF AN INDIVID- UAL HAS AN IMMIGRATION CASE IN A TRIBUNAL LOCATED IN THE STATE OF NEW YORK, IF AN INDIVIDUAL IS A NEW YORK DOMICILIARY AND DETAINED BY FEDERAL IMMIGRATION AUTHORITIES ANYWHERE IN THE UNITED STATES, IF AN INDIVIDUAL HAD AN IMMIGRATION CASE LOCATED IN A TRIBUNAL IN NEW YORK BEFORE BEING TRANSFERRED BY IMMIGRATION AUTHORITIES FROM DETENTION IN NEW JERSEY TO IMMIGRATION DETENTION IN ANOTHER STATE OR, AS DETERMINED BY THE ADMINIS- TRATOR OR DESIGNEE OF THE ADMINISTRATOR. (C) "COVERED PROCEEDING" MEANS ANY PROCEEDING IN A COVERED VENUE IN WHICH A COVERED INDIVIDUAL IS SEEKING AN AVENUE OF RELIEF FROM REMOVAL FROM THE UNITED STATES, OR IS CHALLENGING HIS OR HER ARREST OR DETENTION UNDER THE IMMIGRATION AND NATIONALITY ACT ("INA"), AS AMENDED, AND ITS IMPLEMENTING REGULATIONS. A COVERED PROCEEDING INCLUDES, IF APPLICABLE, A PROCEEDING OR HEARING IN IMMIGRATION COURT; A PROCEEDING BEFORE THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; A PROCEEDING IN A TRIBUNAL LOCATED IN NEW YORK FOR PURPOSES OF OBTAINING ANY ORDER NECES- SARY FOR OR RELEVANT TO IMMIGRATION RELIEF; A HABEAS CORPUS OR OTHER RELEVANT PETITION TO A FEDERAL DISTRICT COURT CHALLENGING DETENTION UNDER THE INA; MOTIONS TO REOPEN OR RECONSIDER UNDER 8 U.S.C. § 1229(A); A PETITION FOR REVIEW UNDER 8 U.S.C. § 1252; A REMAND TO A FEDERAL DISTRICT COURT FROM THE UNITED STATES CIRCUIT COURTS OF APPEALS FOR FACT-FINDING PURPOSES; AND ANY APPEAL RELATED TO ANY OF THE FOREGOING TO THE BOARD OF IMMIGRATION APPEALS, THE UNITED STATES CIRCUIT COURTS OF APPEALS, AND/OR THE UNITED STATES SUPREME COURT. (D) "COVERED VENUE" MEANS: (I) AN IMMIGRATION COURT ANYWHERE IN THE UNITED STATES WHERE THE CASE OF A COVERED INDIVIDUAL IS LOCATED; (II) ANY TRIBUNAL LOCATED WITHIN NEW YORK STATE, INCLUDING, BUT NOT LIMITED TO, FAMILY COURTS AND FEDERAL DISTRICT COURTS; (III) WITH RESPECT TO THE PROVISION OF LEGAL SERVICES IN THE CONTEXT OF EXPEDITED REMOVALS, ANY LOCATION WITHIN THE BORDERS OF NEW YORK STATE WHERE EXPEDITED REMOVALS ARE PROCESSED; (IV) THE BOARD OF IMMIGRATION APPEALS; (V) THE UNITED STATES CIRCUIT COURTS OF APPEALS; (VI) THE UNITED STATES SUPREME COURT; (VII) UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; AND (VIII) ANY TRIBUNAL AS DETERMINED BY THE ADMINISTRATOR OR A DESIGNEE OF THE ADMIN- ISTRATOR ON A CASE-BY-CASE BASIS. (E) "DOMICILE" MEANS A PRINCIPAL LOCATION WHERE A PERSON, WHEREVER TEMPORARILY LOCATED, INTENDS TO RESIDE. (F) "DOMICILIARY" MEANS A PERSON THAT HAS ESTABLISHED DOMICILE WITH RESPECT TO A PARTICULAR JURISDICTION. (G) "IMMIGRATION COURT" MEANS A TRIBUNAL OF THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OR A SUCCESSOR ENTITY TASKED WITH DECIDING THE INAD- MISSIBILITY OR DEPORTABILITY OF A NONCITIZEN OF THE UNITED STATES THAT IS PRESIDED OVER BY AN IMMIGRATION JUDGE AS DEFINED IN 8 U.S.C. § 1101(B)(4). (H) "INCOME-ELIGIBLE INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS DEEMED ELIGIBLE FOR LEGAL SERVICES IN A COVERED PROCEEDING BASED ON PRE-SET INCOME-RELATED CRITERIA PROMULGATED BY THE ADMINISTRATOR, BUT IN ANY EVENT MUST AT A MINIMUM INCLUDE ANY INDIVIDUAL WHOSE ANNUAL GROSS HOUSE- HOLD INCOME IS NOT IN EXCESS OF TWO HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES AS UPDATED PERIODICALLY IN THE FEDERAL REGISTER BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THE AUTHORITY OF 42 U.S.C. § 9902(2). S. 999--A 3 (I) "LEGAL SERVICES" MEANS INDIVIDUALIZED LEGAL ASSISTANCE IN A SINGLE CONSULTATION AND/OR ONGOING LEGAL REPRESENTATION, PROVIDED BY A LEGAL SERVICES PROVIDER TO A COVERED INDIVIDUAL, AND ALL LEGAL ADVICE, ADVOCA- CY, AND ASSISTANCE, INCLUDING BUT NOT LIMITED TO SOCIAL SERVICE ASSIST- ANCE, ASSOCIATED WITH SUCH SERVICE. (J) "LEGAL SERVICES PROVIDER" MEANS AN INDIVIDUAL, ORGANIZATION, OR ASSOCIATION THAT HAS THE AUTHORITY TO PROVIDE LEGAL SERVICES AND IS DESIGNATED BY THE ADMINISTRATOR TO PROVIDE SUCH SERVICES. 2. RIGHT TO COUNSEL IN IMMIGRATION PROCEEDINGS. (A) ALL COVERED INDI- VIDUALS SHALL HAVE THE RIGHT TO LEGAL SERVICES AS PROVIDED IN THIS PARA- GRAPH. (I) COVERED INDIVIDUALS FACING A COVERED PROCEEDING SHALL HAVE THE RIGHT TO ONGOING LEGAL REPRESENTATION UNTIL TERMINATION IS AUTHORIZED PURSUANT TO PARAGRAPHS (C) AND (D) OF THIS SUBDIVISION. (II) COVERED INDIVIDUALS FACING A COVERED PROCEEDING IN A COVERED VENUE OTHER THAN AN IMMIGRATION COURT IN NEW YORK OR NEW JERSEY SHALL HAVE THE RIGHT TO A CONSULTATION PROVIDED BY A LEGAL SERVICES PROVIDER, AND IF FOUND BY THE LEGAL SERVICES PROVIDER TO HAVE A VIABLE APPLICATION FOR APPEAL, CHALLENGE TO A COURT ORDER, OR OTHER FORM OF RELIEF FROM REMOVAL FROM THE UNITED STATES, SHALL HAVE THE RIGHT TO ONGOING LEGAL REPRESENTATION. (B) THE RIGHT TO COUNSEL ESTABLISHED IN PARAGRAPH (A) OF THIS SUBDIVI- SION SHALL ATTACH: (I) IN THE CASE OF PROCEEDINGS FOR REMOVAL PURSUANT TO 8 U.S.C. § 1229A, UPON RECEIPT OF A NOTICE TO APPEAR, AS DEFINED IN 8 U.S.C. § 1229. THE OBLIGATIONS OF THIS SECTION SHALL BE SATISFIED IF COUNSEL IS PROVIDED TO A COVERED INDIVIDUAL NO LATER THAN THEIR FIRST APPEARANCE IN A COVERED PROCEEDING, OR AS SOON THEREAFTER AS IS PRACTICABLE. (II) IN THE CASE OF REMOVAL PROCEEDINGS PURSUANT TO 8 U.S.C. § 1225, UPON THE COMMENCEMENT OF SUCH PROCEEDINGS, OR AS SOON THEREAFTER AS IS PRACTICABLE. (III) IN THE CASE OF A REFERRAL TO AN IMMIGRATION JUDGE FOR A HEARING PURSUANT TO 8 U.S.C. § 1231(B)(3) OR 8 U.S.C. § 1158, UPON RECEIPT OF A NOTICE OF REFERRAL TO IMMIGRATION JUDGE, OR AS SOON THEREAFTER AS IS PRACTICABLE. (IV) IN THE CASE OF A REINSTATEMENT OF A FINAL ORDER OF REMOVAL, UPON SUCH REINSTATEMENT, OR AS SOON THEREAFTER AS IS PRACTICABLE. (V) IN ALL OTHER CASES, AS SOON AS IS PRACTICABLE. (C) SUBJECT TO THE PROVISIONS OF PARAGRAPH (D) OF THIS SUBDIVISION, THE RIGHT TO COUNSEL ESTABLISHED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL TERMINATE: (I) UPON THE TERMINATION OR DISMISSAL OF REMOVAL PROCEEDINGS OR ANY RELATED APPELLATE MATTER IN RESPECT OF A COVERED INDIVIDUAL BY THE IMMI- GRATION COURT OR OTHER COMPETENT TRIBUNAL OR AUTHORITY; (II) UPON THE ISSUANCE OF A FINAL ORDER OR JUDGMENT IN RESPECT TO A COVERED INDIVIDUAL'S REMOVAL PROCEEDINGS FROM WHICH THERE REMAINS NO OPPORTUNITY FOR APPEAL OR OTHER AVENUE FOR RELIEF INCLUDING, BUT NOT LIMITED TO, MOTIONS TO REOPEN, MOTIONS TO RECONSIDER, AND PETITIONS FOR REVIEW; PROVIDED, HOWEVER, THAT LEGAL SERVICES PROVIDERS SHALL NOT BE REQUIRED TO PURSUE APPEALS OR OTHER AVENUES FOR RELIEF THAT ARE SPECULA- TIVE OR FRIVOLOUS; (III) IF AN INDIVIDUAL COVERED BY VIRTUE OF BEING A NEW YORK STATE DOMICILIARY CEASES TO BE A NEW YORK STATE DOMICILIARY AND ESTABLISHES DOMICILE IN A JURISDICTION OUTSIDE OF NEW YORK STATE; S. 999--A 4 (IV) IF AN INDIVIDUAL COVERED BY VIRTUE OF BEING TRANSFERRED FROM NEW YORK TO IMMIGRATION DETENTION IN ANOTHER STATE IS RELEASED FROM DETENTION AND IS NOT A NEW YORK STATE DOMICILIARY; (V) IF IT IS DISCOVERED THAT THE INITIAL DETERMINATION THAT AN INDI- VIDUAL WAS AN INCOME-ELIGIBLE INDIVIDUAL WAS ERRONEOUS AT THE TIME THAT SUCH DETERMINATION WAS MADE, AS SOON AS SUCH DISCOVERY OCCURS; PROVIDED, HOWEVER, THAT SUCH INDIVIDUAL WILL CONTINUE TO BE PROVIDED WITH LEGAL SERVICES PURSUANT TO THIS SUBDIVISION FOR A REASONABLE AMOUNT OF TIME TO ENABLE SUCH PERSON TO OBTAIN ALTERNATIVE COUNSEL, SO AS NOT TO MATE- RIALLY PREJUDICE SUCH INDIVIDUAL'S CHANCE OF SUCCESS IN ANY COVERED PROCEEDING; (VI) IF A COVERED INDIVIDUAL KNOWINGLY AND VOLUNTARILY WAIVES THE RIGHT TO COUNSEL; OR (VII) UPON A DETERMINATION BY A LEGAL SERVICES PROVIDER AFTER THE CONSULTATION DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION THAT A COVERED INDIVIDUAL FACING A COVERED PROCEEDING IN A COVERED VENUE OTHER THAN AN IMMIGRATION COURT HAS NO VIABLE APPLICATION FOR APPEAL, CHALLENGE TO A COURT ORDER, NOR OTHER FORM OF RELIEF FROM REMOVAL FROM THE UNITED STATES. (D) NOTWITHSTANDING THE REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVI- SION, THE RIGHTS ESTABLISHED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT TERMINATE IF: (I) AN IMMIGRATION JUDGE DECLINES TO ALLOW A LEGAL SERVICES PROVIDER TO WITHDRAW FROM REPRESENTING A COVERED INDIVIDUAL; OR (II) A LEGAL SERVICES PROVIDER IS PROHIBITED FROM CEASING TO PROVIDE LEGAL SERVICES PURSUANT TO THE NEW YORK RULES OF PROFESSIONAL CONDUCT OR THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW'S PRACTICE MANUAL. 3. POWERS AND DUTIES OF THE ADMINISTRATOR. THE ADMINISTRATOR IS CHARGED WITH IMPLEMENTING THE REQUIREMENTS OF THIS SECTION NO LATER THAN JANUARY FIRST OF THE SIXTH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, AND SHALL PROMULGATE SUCH RULES, POLICIES, AND PROCEDURES NECESSARY AND APPROPRIATE TO ACCOMPLISH SUCH IMPLEMENTATION NO LATER THAN JANUARY FIRST OF THE FIRST YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION. SUCH RULES, POLICIES, AND PROCEDURES SHALL INCLUDE, BUT NOT BE LIMITED TO, THE MEASURES DELINEATED IN THIS SUBDIVISION, WITH ANNUAL BENCHMARKS TO ENSURE FULL IMPLEMENTATION BY JANUARY FIRST OF THE SIXTH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION. THE ADMINIS- TRATOR SHALL HAVE THE POWER AND RESPONSIBILITY, INDEPENDENTLY AND/OR THROUGH ONE OR MORE DESIGNEES, TO: (A) ENSURE THAT ALL COVERED INDIVIDUALS BE ADVISED OF THEIR RIGHT TO COUNSEL AND BE OFFERED LEGAL SERVICES AS PROVIDED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION; (B) ENSURE INDEPENDENT, COMPETENT, HIGH QUALITY, AND ZEALOUS REPRESEN- TATION OF COVERED INDIVIDUALS RECEIVING LEGAL SERVICES PROVIDED PURSUANT TO THIS SECTION; (C) EXAMINE, EVALUATE, AND MONITOR LEGAL SERVICES PROVIDED PURSUANT TO THIS SECTION; (D) COLLECT AND RECEIVE INFORMATION AND DATA REGARDING THE PROVISION OF LEGAL SERVICES NOT PROTECTED BY ATTORNEY-CLIENT PRIVILEGE, WORK PROD- UCT PRIVILEGE, OR ANY OTHER APPLICABLE PRIVILEGE, OR THAT CAN BE DISCLOSED BY LEGAL SERVICES PROVIDERS WITHOUT VIOLATING THE NEW YORK RULES OF PROFESSIONAL CONDUCT, INCLUDING BUT NOT LIMITED TO: (I) THE TYPES AND COMBINATIONS OF SUCH SERVICES BEING UTILIZED ACROSS THE STATE; S. 999--A 5 (II) THE SALARIES AND OTHER COMPENSATION PAID TO INDIVIDUAL ADMINIS- TRATORS, ATTORNEYS, AND STAFF IN CONNECTION WITH THE PROVISION OF SUCH SERVICES; (III) THE CASELOADS OF LEGAL SERVICES PROVIDERS PROVIDING LEGAL SERVICES IN CONNECTION WITH THE PROVISION OF SUCH SERVICES; (IV) THE TYPES, NATURE, AND TIMING OF DISPOSITIONS OF CASES HANDLED BY LEGAL SERVICES PROVIDERS PROVIDING LEGAL SERVICES; (V) THE ACTUAL EXPENDITURES CURRENTLY BEING MADE IN CONNECTION WITH THE PROVISION OF LEGAL SERVICES; AND (VI) THE TIME, FUNDS, AND IN-KIND RESOURCES CURRENTLY BEING SPENT ON PROVIDING SUCH LEGAL SERVICES AND THE AMOUNT BEING SPENT ON ANCILLARY SERVICES SUCH AS SUPPORT STAFF AND EXPERT WITNESSES; (E) ANALYZE AND EVALUATE COLLECTED DATA, AND UNDERTAKE ANY NECESSARY RESEARCH AND STUDIES, IN ORDER TO CONSIDER AND RECOMMEND MEASURES TO ENHANCE THE PROVISION OF EFFECTIVE LEGAL SERVICES AND TO ENSURE THAT RECIPIENTS OF LEGAL SERVICES ARE PROVIDED WITH QUALITY REPRESENTATION FROM FISCALLY RESPONSIBLE PROVIDERS, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO STANDARDS, CRITERIA, AND A PROCESS FOR QUALIFYING AND RE-QUA- LIFYING LEGAL SERVICES PROVIDERS TO PROVIDE LEGAL SERVICES; (F) ESTABLISH MEASURES OF PERFORMANCE WHICH PROGRAMS SHALL REGULARLY REPORT TO THE ADMINISTRATOR TO ASSIST THE ADMINISTRATOR IN MONITORING THE QUALITY OF LEGAL SERVICES; (G) ESTABLISH THE STANDARDS AND CRITERIA USED IN PROGRAMS TO DETERMINE WHETHER INDIVIDUAL LEGAL SERVICES PROVIDERS ARE QUALIFIED TO PROVIDE LEGAL SERVICES; (H) ESTABLISH THE CRITERIA AND PROCEDURES USED TO DETERMINE WHETHER A PERSON IS ELIGIBLE TO RECEIVE LEGAL SERVICES, INCLUDING REQUIREMENTS RELATED TO INCOME AND DOMICILE, AND TO TRACK THE NUMBER OF PERSONS CONSIDERED FOR AND APPLICANTS DENIED SUCH SERVICES, THE REASONS FOR THE DENIALS, AND THE RESULTS OF ANY REVIEW OF SUCH DENIALS; (I) ESTABLISH STANDARDS AND CRITERIA FOR THE PROVISION OF LEGAL SERVICES IN CASES INVOLVING A CONFLICT OF INTEREST; (J) DEVELOP RECOMMENDATIONS TO IMPROVE THE DELIVERY OF LEGAL SERVICES; (K) TARGET GRANTS AND ESTABLISH STRATEGIC PROGRAMS IN SUPPORT OF INNO- VATIVE AND COST-EFFECTIVE SOLUTIONS THAT ENHANCE THE PROVISION OF AND CAPACITY FOR LEGAL SERVICES, INCLUDING, BUT NOT LIMITED TO, A CAPACITY BUILDING PIPELINE TO BRING NEW ATTORNEYS INTO THE FIELD AND INCLUDING COLLABORATIVE EFFORTS SERVING MULTIPLE JURISDICTIONS WHERE COVERED INDI- VIDUALS AND COVERED PROCEEDINGS ARE LOCATED; (L) INVESTIGATE AND MONITOR ANY OTHER MATTER RELEVANT TO THE PROVISION OF LEGAL SERVICES WHICH THE ADMINISTRATOR DEEMS IMPORTANT; (M) REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, OR OTHER AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE OR ANY PUBLIC AUTHORITY SUCH ASSISTANCE, INFORMATION, AND DATA AS WILL ENABLE THE ADMINISTRATOR TO PROPERLY CARRY OUT ITS FUNCTIONS, POWERS, AND DUTIES, SUBJECT TO LIMITATIONS ON THE DISCLOSURE OF INFORMA- TION PROVIDED ON A PRIVILEGED BASIS TO LEGAL SERVICES PROVIDERS, AS WELL AS LIMITATIONS ON THE DISCLOSURE OF INFORMATION BY LEGAL SERVICES PROVIDERS UNDER THE NEW YORK RULES OF PROFESSIONAL CONDUCT; (N) APPLY FOR AND ACCEPT ANY GRANT OR OTHER SOURCE OF FUNDING FOR PURPOSES OF CARRYING OUT THE REQUIREMENTS OF THIS SECTION. ANY SUMS SO RECEIVED MAY BE EXPENDED BY THE ADMINISTRATOR TO EFFECTUATE THE FULFILL- MENT OF ANY SUCH REQUIREMENT, SUBJECT TO ANY RELEVANT REQUIREMENTS RELATED TO THE APPROVAL OF EXPENDITURE OF FUNDS AND AUDITS OF SUCH EXPENDITURES; S. 999--A 6 (O) DEVELOP, PUBLISH, AND IMPLEMENT A WRITTEN PLAN THAT ESTABLISHES NUMERICAL CASELOAD/WORKLOAD STANDARDS FOR ALL LEGAL SERVICES PROVIDERS, WITH SUCH PLAN TO BE COMPLETED AND PUBLISHED WITHIN ONE HUNDRED TWENTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, AND TO MONITOR AND PERI- ODICALLY REPORT ON THE IMPLEMENTATION OF AND COMPLIANCE WITH THE PLAN; (P) DEVELOP AND IMPLEMENT A WRITTEN PLAN, AND TO MONITOR AND PERIOD- ICALLY REPORT ON THE IMPLEMENTATION OF AND COMPLIANCE WITH SUCH PLAN, TO IMPROVE THE QUALITY OF LEGAL SERVICES PROVIDED TO COVERED INDIVIDUALS, AND TO ENSURE THAT LEGAL SERVICES PROVIDERS PROVIDING SUCH REPRESEN- TATION RECEIVE EFFECTIVE SUPERVISION AND TRAINING, HAVE ACCESS TO AND APPROPRIATELY UTILIZE INTERPRETERS AND EXPERT WITNESSES ON BEHALF OF CLIENTS, COMMUNICATE EFFECTIVELY WITH THEIR CLIENTS, HAVE THE NECESSARY QUALIFICATIONS AND EXPERIENCE; (Q) BEGINNING ON SEPTEMBER FIFTEENTH, ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, AND BY SEPTEMBER FIFTEENTH OF EACH YEAR THEREAFT- ER, SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE, DESCRIBING COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION, INCLUDING BUT NOT LIMITED TO: (I) THE CRITERIA USED TO DETERMINE WHETHER AN INDIVIDUAL IS ELIGIBLE FOR LEGAL SERVICES; (II) THE PROCEDURES USED TO DETERMINE WHETHER AN INDIVIDUAL IS ELIGI- BLE TO RECEIVE LEGAL SERVICES; (III) THE NUMBER OF INDIVIDUALS DEEMED ELIGIBLE AND INELIGIBLE FOR LEGAL SERVICES; (IV) THE NUMBER OF CASES STARTED AND COMPLETED AND THE OUTCOMES OF THOSE CASES; AND (V) QUALITATIVE REVIEW OF THE LEGAL SERVICES PROVIDED; AND (R) BEGINNING ON SEPTEMBER FIFTEENTH, ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, AND BY SEPTEMBER FIFTEENTH OF EVERY SECOND YEAR THEREAFTER, IN CONSULTATION WITH THE ADVISORY COMMITTEE, SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE DIRECTOR OF THE DIVISION OF THE BUDGET, PRESENTING AN ANALYSIS OF QUALITATIVE AND QUANTITATIVE DATA ON IMMIGRATION COURT CASES AND IMMIGRATION ENFORCEMENT ACTIVITY AND RECOMMENDATIONS FOR ADJUSTMENTS IN FUNDING TO ENSURE COMPLIANCE WITH THIS SECTION. 4. FUNDING. (A) THE STATE SHALL ESTABLISH A DEDICATED FUND AND SHALL APPROPRIATE SUFFICIENT SUMS INTO SUCH FUND TO FULLY CARRY OUT THE REQUIREMENTS OF THIS SECTION. FUNDS NECESSARY TO FULLY CARRY OUT THE REQUIREMENTS OF THIS SECTION SHALL BE DETERMINED ANNUALLY BY DECEMBER FIRST OF EACH YEAR BY THE SECRETARY OF STATE, IN CONSULTATION WITH THE ADMINISTRATOR AND THE DIRECTOR OF THE DIVISION OF THE BUDGET UPON REVIEW OF THE REPORT SUBMITTED BY THE ADMINISTRATOR PURSUANT TO PARAGRAPH (R) OF SUBDIVISION THREE OF THIS SECTION. (B) THE ADMINISTRATOR WILL BE CHARGED WITH ENSURING THAT APPROPRIATED FUNDS ARE TIMELY DISTRIBUTED TO LEGAL SERVICES PROVIDERS FOR THE PROVISION OF LEGAL SERVICES. (C) NOTWITHSTANDING THE REQUIREMENTS OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, SUMS APPROPRIATED TO CARRY OUT THE REQUIREMENTS OF THIS SECTION SHALL BE USED TO SUPPLEMENT AND NOT SUPPLANT ANY STATE, LOCAL, OR PRIVATE FUNDING THAT IS, OR IS ANTICIPATED TO BE, EXPENDED FOR THE PROVISION OF LEGAL SERVICES TO COVERED INDIVIDUALS, AND THE STATE SHALL NOT BE REQUIRED TO APPROPRIATE ANY FUNDS FOR LEGAL SERVICES TO THE EXTENT THAT OBLIGATIONS ASSOCIATED WITH THE PROVISION OF LEGAL SERVICES ARE OTHERWISE FULLY SATISFIED BY FUNDS RECEIVED FROM STATE, LOCAL, OR PRIVATE SOURCES, OR BY THE UNITED STATES GOVERNMENT IN SATISFACTION OF ANY LEGAL OBLIGATION. S. 999--A 7 5. ADVISORY COMMITTEE. (A) THERE SHALL BE AN ADVISORY COMMITTEE WHICH SHALL WORK, IN COLLABORATION WITH THE ADMINISTRATOR, TO DEVELOP PROGRAMS, POLICIES, TRAINING, AND PROCEDURES NECESSARY TO EFFECTUATE THE REQUIREMENTS OF THIS SECTION. THE ADMINISTRATOR SHALL COLLABORATE WITH THE ADVISORY COMMITTEE ON MATTERS INCLUDING, BUT NOT LIMITED TO: (I) THE RATES OF COMPENSATION FOR LEGAL SERVICES; (II) COMMUNITY ENGAGEMENT EFFORTS; (III) THE SUFFICIENCY OF ACCESS TO AND THE QUALITY OF LEGAL SERVICES PROVIDED TO COVERED INDIVIDUALS IN COVERED VENUES; (IV) THE SUFFICIENCY OF SPACE AVAILABLE FOR DESIGNATED PROVIDERS IN COVERED VENUES; (V) ENSURING INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY HAVE ACCESS TO APPROPRIATE TRANSLATION SERVICES; AND (VI) OTHER EFFORTS BY OTHER STATES TO SUPPORT INDIVIDUALS FACING DEPORTATION. (B) THE ADVISORY COMMITTEE SHALL BE COMPRISED OF NINE MEMBERS. THE GOVERNOR SHALL APPOINT FIVE MEMBERS OFFERING SERVICES TO INDIVIDUALS IN COVERED PROCEEDINGS, REPRESENTING THE GEOGRAPHIC REGIONS WHERE COVERED INDIVIDUALS AND COVERED VENUES ARE LOCATED. THE GOVERNOR'S APPOINTEES SHALL FURTHER CONSIST OF NO MORE THAN ONE REPRESENTATIVE OF THE PRIVATE BAR AND FOUR REPRESENTATIVES OF LEGAL SERVICES PROVIDERS AND REPRESEN- TATIVES OF COMMUNITY-BASED ORGANIZATIONS OFFERING SERVICES TO COVERED INDIVIDUALS. THE SPEAKER OF THE ASSEMBLY AND TEMPORARY PRESIDENT OF THE SENATE SHALL APPOINT TWO MEMBERS EACH. THE ADMINISTRATOR SHALL SERVE EX OFFICIO. THE GOVERNOR SHALL DESIGNATE ONE MEMBER TO SERVE AS CHAIR OF THE ADVISORY COMMITTEE. (C) EACH MEMBER, OTHER THAN THE MEMBER SERVING IN AN EX OFFICIO CAPAC- ITY, SHALL SERVE FOR A TERM OF TWO YEARS, WITH INITIAL TERMS FOR EACH COMMITTEE SEAT COMMENCING NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. INITIAL APPOINTMENTS UNDER THIS SUBDIVISION MUST BE MADE WITH- IN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION. ANY VACANCIES SHALL BE FILLED PROMPTLY AND IN THE SAME MANNER AS THE ORIGINAL APPOINT- MENT, AND THE APPOINTEE FILLING SUCH VACANCY SHALL SERVE FOR THE UNEX- PIRED PORTION OF THE TERM OF THE SUCCEEDED MEMBER. ANY COMMITTEE MEMBER MAY BE REAPPOINTED FOR ADDITIONAL TERMS. A MEMBER OF THE ADVISORY COMMITTEE SHALL CONTINUE IN SUCH POSITION UPON THE EXPIRATION OF THEIR TERM AND UNTIL SUCH TIME AS THEY ARE REAPPOINTED OR THEIR SUCCESSOR IS APPOINTED, AS THE CASE MAY BE. (D) MEMBERS OF THE ADVISORY COMMITTEE SHALL SERVE WITHOUT COMPEN- SATION, BUT SHALL BE ALLOWED AND REIMBURSED FOR THEIR REASONABLE ACTUAL AND NECESSARY EXPENSES INCURRED IN PERFORMANCE OF THEIR FUNCTIONS UNDER THIS SECTION BY THE ADMINISTRATOR. (E) THE ADVISORY COMMITTEE'S INITIAL MEETING SHALL TAKE PLACE WITHIN THIRTY DAYS OF THE APPOINTMENT OF ALL REQUIRED COMMITTEE MEMBERS UNDER PARAGRAPH (B) OF THIS SUBDIVISION, OR WITHIN NINETY DAYS OF THE EFFEC- TIVE DATE OF THIS SECTION, WHICHEVER IS SOONER. THE ADVISORY COMMITTEE SHALL MEET NO LESS THAN FOUR TIMES PER YEAR. THE ADVISORY COMMITTEE MAY ESTABLISH ITS OWN PROCEDURES WITH RESPECT TO THE CONDUCT OF ITS MEETINGS AND ITS OTHER AFFAIRS; PROVIDED, HOWEVER, THAT THE QUORUM AND MAJORITY PROVISIONS OF SECTION FORTY-ONE OF THE GENERAL CONSTRUCTION LAW SHALL GOVERN ALL ACTIONS TAKEN BY THE ADVISORY COMMITTEE. (F) MEMBERSHIP ON THE ADVISORY COMMITTEE SHALL NOT CONSTITUTE THE HOLDING OF AN OFFICE. THE ADVISORY COMMITTEE SHALL NOT HAVE THE POWER TO EXERCISE ANY PORTION OF THE SOVEREIGN POWER OF THE STATE. NO MEMBER OF THE ADVISORY COMMITTEE SHALL BE DISQUALIFIED FROM HOLDING ANY PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE OR S. 999--A 8 EMPLOYMENT, BY REASON OF HIS OR HER APPOINTMENT PURSUANT TO THIS SECTION, NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL, OR LOCAL LAW; ORDINANCE; OR CITY CHARTER. (G) BEGINNING ON SEPTEMBER FIFTEENTH, ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE ADVISORY COMMITTEE SHALL PRODUCE A REPORT CONCERNING ITS DUTIES PURSUANT TO THIS SECTION AND ANY RELATED RECOMMEN- DATIONS, AND SUCH REPORT SHALL BE INCLUDED IN THE REPORT SUBMITTED BY THE ADMINISTRATOR TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE UNDER PARAGRAPH (Q) OF SUBDIVISION THREE OF THIS SECTION. 6. NO PRIVATE RIGHT OF ACTION. NOTHING IN THIS SECTION OR THE ADMINIS- TRATION OR APPLICATION THEREOF SHALL BE CONSTRUED TO CREATE A PRIVATE RIGHT OF ACTION ON THE PART OF ANY PERSON OR ENTITY AGAINST THE STATE OR ANY AGENCY, INSTRUMENTALITY, OFFICIAL, OR EMPLOYEE THEREOF. 7. MISCELLANEOUS PROVISIONS. (A) ANY LEGAL SERVICES PERFORMED BY A LEGAL SERVICES PROVIDER PURSUANT TO THIS SECTION SHALL NOT SUPPLANT, REPLACE, OR SATISFY ANY OBLIGATIONS OR RESPONSIBILITIES OF SUCH LEGAL SERVICES PROVIDER PURSUANT TO ANY OTHER PROGRAM, AGREEMENT, OR CONTRACT. (B) THE PROVISIONS OF THIS SECTION SHALL SUPERSEDE CONFLICTING STATE OR LOCAL LAWS, RULES, POLICIES, PROCEDURES, AND PRACTICES, EXCEPT TO THE EXTENT THAT THE PROVISIONS OF ANY SUCH STATE OR LOCAL LAW, RULE, POLICY, PROCEDURE, OR PRACTICE MAY PROVIDE ANY ADDITIONAL OR GREATER RIGHT OR PROTECTION. NOTHING IN THIS SECTION SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE ANY POWER, DUTY, OR OBLIGATION PROHIBITED BY FEDERAL LAW. (C) IF ANY PROVISION OF THIS SECTION OR ANY APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH INVALIDITY SHALL NOT AFFECT ANY PROVISION OR APPLICATION OF THIS SECTION THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION. TO THIS END, THE PROVISIONS OF THIS SECTION ARE SEVERABLE. § 3. This act shall take effect immediately.
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