NY State Senate Bill 2023-S9130A

Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2024	print number 9130a
May 22, 2024	amend (t) and recommit to finance
Apr 29, 2024	referred to finance

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S9130 - Details

See Assembly Version of this Bill:: A10253
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Amd §97-v, St Fin L

2023-S9130 - Summary

Relates to the use of funds and payments from the IOLA fund; provides that funds and payments shall not be used for any other purpose other than as stated in section 97-v of the state finance law.

2023-S9130 - Sponsor Memo

                                 
BILL NUMBER: S9130

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the state finance law, in relation to allowing certain
payments from the IOLA fund to be made without appropriation by law

 
PURPOSE:

To allow IOLA appropriations to occur outside the budget process, ensur-
ing that the original legislative intent of IOLA is adhered to

 
SUMMARY OF PROVISIONS:

Section 1: amends paragraph h of subdivision 3 of section 97-v of the
state finance law by allowing IOLA appropriations to occur outside of
the budget process.

 
JUSTIFICATION:

The Interest on Lawyers Trust Accounts Fund (IOLA Fund) is a state
created means of providing additional financial support to civil legal
organizations, which in turn, increases access to justice across New
York State. While the IOLA Fund is state created, the money in the fund
does not come from the state. As its name implies, the money in the IOLA
Fund comes from the interest generated on accounts in the care of attor-
neys on behalf of their clients. When attorneys act as fiduciaries for
their clients' money, they must put this money into an interest bearing
account, either for the benefit of the clients or for the IOLA fund. The
interest from the accounts to benefit the IOLA fund is pooled and used
to support legal services organizations across the state.

These organizations provide crucial civil legal services to low-income
New Yorkers, across areas including consumer protection, education,
employment, family, health, housing, immigration, income maintenance,
and individual rights. This bill will ensure that the IOLA board of
trustees is able to act on their authority to make appropriations to the
legal services organizations, in line with the state's intentions when
IOLA was created, and to do so outside of the budget process.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9130 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9130
 
                             I N  S E N A T E
 
                              April 29, 2024
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law, in relation to  allowing  certain
   payments from the IOLA fund to be made without appropriation by law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph h of subdivision 3 of section 97-v of  the  state
 finance  law, as added by chapter 659 of the laws of 1983, is amended to
 read as follows:
   h. All payments from the IOLA fund shall be made by  the  state  comp-
 troller upon certification and authorization of the board of trustees of
 the  fund.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF SECTION
 FOUR OF THIS CHAPTER OR ANY OTHER LAW TO THE  CONTRARY,  MONIES  MAY  BE
 PAID  OUT  OF  SUCH  FUND  IN ACCORDANCE WITH PARAGRAPHS B AND C OF THIS
 SUBDIVISION WITHOUT AN APPROPRIATION BY LAW.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15305-01-4

co-Sponsors

2023-S9130A (ACTIVE) - Details

See Assembly Version of this Bill:: A10253
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Amd §97-v, St Fin L

2023-S9130A (ACTIVE) - Summary

Relates to the use of funds and payments from the IOLA fund; provides that funds and payments shall not be used for any other purpose other than as stated in section 97-v of the state finance law.

2023-S9130A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9130A

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the state finance law, in relation to the use of funds
and payments from the IOLA fund

 
PURPOSE:

To ensure that monies from the IOLA fund are used only for the fund's
original, statutorily intended purpose.

 
SUMMARY OF PROVISIONS:

Section 1: amends paragraph f of subdivision 3 of section 97-v of the
state finance law by prohibiting monies in the IOLA fund to be used for
any purpose other than the provision of legal services.

Section 2: amends paragraph h of subdivision 3 of section 97-v of the
state finance law by prohibiting monies in the IOLA fund to be used for
any purpose other than the provision of legal services.

Section 3: effective date.

 
JUSTIFICATION:

The Interest on Lawyers Trust Accounts Fund (IOLA Fund) is a state
created means of providing additional financial support to civil legal
organizations, which in turn, increases access to justice across New
York State. While the IOLA Fund is state created, the money in the fund
does not come from the state. As its name implies, the money in the IOLA
Fund comes from the interest generated on accounts in the care of attor-
neys on behalf of their clients. When attorneys act as fiduciaries for
their clients' money, they must put this money into an interest-bearing
account, either for the benefit of the clients or for the IOLA fund. The
interest from the accounts to benefit the IOLA fund is pooled and used
to support legal services organizations across the state.

These organizations provide crucial civil legal services to low-income
New Yorkers, across areas including consumer protection, education,
employment, family, health, housing, immigration, income maintenance,
and individual rights. This bill will ensure that appropriations from
the IOLA fund are made exclusively to legal services organizations, in
line with the state's intentions when IOLA was created.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date on which it shall have become a law.

2023-S9130A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9130--A
 
                             I N  S E N A T E
 
                              April 29, 2024
                                ___________
 
 Introduced  by Sens. RYAN, MAY, MAYER, SALAZAR, THOMAS -- 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 state finance law, in relation to the use  of  funds
   and payments from the IOLA fund

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph f of subdivision 3 of section 97-v of  the  state
 finance  law, as added by chapter 659 of the laws of 1983, is amended to
 read as follows:
   f. The board shall insure that grants  and  contracts  are  made  with
 not-for-profit providers of civil legal services for the poor to provide
 stable,  economical and high quality delivery of civil legal services to
 the poor throughout the state. NOTWITHSTANDING  ANY  PROVISION  OF  LAW,
 RULE  OR  REGULATION  TO  THE  CONTRARY, FUNDS SHALL NOT BE USED FOR ANY
 OTHER PURPOSE OTHER THAN AS STATED IN THIS SECTION.
   § 2. Paragraph h of subdivision 3 of section 97-v of the state finance
 law, as added by chapter 659 of the laws of 1983, is amended to read  as
 follows:
   h.  All  payments  from the IOLA fund shall be made by the state comp-
 troller upon certification and authorization of the board of trustees of
 the fund. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO
 THE  CONTRARY,  PAYMENTS  SHALL  NOT BE USED FOR ANY OTHER PURPOSE OTHER
 THAN AS STATED IN THIS SECTION.
   § 3. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15305-02-4

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Senate Bill S9130A

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

2023-S9130 - Details

2023-S9130 - Summary

2023-S9130 - Sponsor Memo

2023-S9130 - Bill Text download pdf

co-Sponsors

2023-S9130A (ACTIVE) - Details

2023-S9130A (ACTIVE) - Summary

2023-S9130A (ACTIVE) - Sponsor Memo

2023-S9130A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9130A

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

2023-S9130 - Details

2023-S9130 - Summary

2023-S9130 - Sponsor Memo

2023-S9130 - Bill Text download pdf

co-Sponsors

2023-S9130A (ACTIVE) - Details

2023-S9130A (ACTIVE) - Summary

2023-S9130A (ACTIVE) - Sponsor Memo

2023-S9130A (ACTIVE) - Bill Text download pdf

Comments