N.Y. Judiciary Law § 39-b: Special provisions relating to court facilities

§ 39-b. Special provisions relating to court facilities. 1. For

purposes of this section:

(a) the term "court facilities" shall mean facilities for the

transaction of business by the state-paid courts and court-related

agencies of the unified court system and the judicial and nonjudicial

personnel thereof, including rooms and accommodations for the courts and

court-related agencies of the unified court system, the judges, justices

and the clerical, administrative and other personnel thereof.

(b) the term "cleaning of court facilities" shall mean those services

and activities that are necessary to insure that the interior of each

court facility is and remains a clean and healthful environment in which

to transact the business of the unified court system. These services and

activities include, but are not limited to: removal of trash and debris;

maintenance of appropriate standards of hygiene; painting; pest control;

and replacement of consumable items such as light bulbs, soap, toilet

paper and paper towelling. They also shall include the making of minor

repairs in accordance with rules of the chief judge.

(c) the term "political subdivision" shall include each county of the

state outside the city of New York and each city of the state.

2. Commencing April first, nineteen hundred ninety-eight, the state

shall be responsible for the cleaning of court facilities and, subject

to the provisions of paragraphs (b) and (c) of subdivision three of this

section, shall pay the cost thereof out of funds appropriated from the

court facilities incentive aid fund to the judiciary for that purpose.

3. (a) Notwithstanding any provision herein, the state shall enter

into a contract with a political subdivision pursuant to which such

political subdivision shall provide for the cleaning of court facilities

located therein except that, where any such political subdivision shall

fail to comply with the provisions of such contract, the chief

administrator may proceed pursuant to an alternative plan for the

cleaning of court facilities located in such political subdivision

subject to the approval of such alternative plan by the court facilities

capital review board in the same manner as the approval of the capital

plan of a political subdivision pursuant to section sixteen hundred

eighty-c of the public authorities law.

(b) Any contract with a political subdivision entered pursuant to

paragraph (a) of this subdivision for the cleaning of court facilities

in that political subdivision during a fiscal year ending prior to April

first, two thousand one shall provide that the political subdivision

shall pay the cost of such cleaning in the first instance and that the

state shall reimburse the political subdivision from funds appropriated

from the court facilities incentive aid fund an amount equaling: (i)

twenty-five percent of all expenses the political subdivision actually

and necessarily incurred in compliance with this paragraph if the fiscal

year commenced April first, nineteen hundred ninety-eight, (ii) fifty

percent of all expenses the political subdivision actually and

necessarily incurred in compliance with this paragraph if the fiscal

year commenced April first, nineteen hundred ninety-nine, and (iii)

seventy-five percent of all expenses the political subdivision actually

and necessarily incurred in compliance with this paragraph if the fiscal

year commenced April first, two thousand.

(c) Where a political subdivision shall fail to enter into a contract

pursuant to paragraph (a) of this subdivision for the cleaning of court

facilities in that political subdivision during a fiscal year ending

prior to April first, two thousand one or to comply with provisions of

such a contract once entered into, and the chief administrator proceeds

pursuant to an alternative plan pursuant to such paragraph, the chief

administrator shall certify that fact to the state comptroller, the

director of the budget, the chair of the senate finance committee and

the chair of the assembly ways and means committee, along with the cost

of such alternative plan to the state in such fiscal year. In such

event, the political subdivision shall be required to reimburse the

state for a percentage of such cost as follows:

(i) in the fiscal year commencing April first, nineteen hundred

ninety-eight, seventy-five percent;

(ii) in the fiscal year commencing April first, nineteen hundred

ninety-nine, fifty percent; and

(iii) in the fiscal year commencing April first, two thousand,

twenty-five percent.

Effective for each fiscal year in which a political subdivision is

required to reimburse the state pursuant to this paragraph, the state

comptroller shall: (i) deduct from any moneys payable to such political

subdivision from the local assistance fund the amount of such

reimbursement, and (ii) transfer the amount of such deduction from the

local assistance fund to the court facilities incentive aid fund.

4. Notwithstanding the provisions of subdivisions two and three of

this section, where, for a state fiscal year commencing on or after

April first, nineteen hundred ninety-eight, a political subdivision

demonstrates to the chief administrator that its net liability under

this section on account of expenses incurred pursuant to this section

for its court facilities during that state fiscal year is greater than

the difference between: (i) the amount of those expenses and (ii) the

amount of state assistance to which the political subdivision would have

been entitled, on account of expenses paid during such fiscal year,

pursuant to the provisions of paragraph (a) of subdivision two of

section fifty-four-j of the state finance law in effect prior to

enactment of chapter six hundred eighty-six of the laws of nineteen

hundred ninety-six had such provisions remained in effect, then, for

that fiscal year, the amount of reimbursement the political subdivision

is owed by the state shall be increased or the amount of reimbursement

it owes the state shall be decreased, as appropriate, so that the

political subdivision's net liability under this section for the fiscal

year equals such difference. For purposes of this subdivision, a

political subdivision's net liability under this section for a state

fiscal year shall equal: (i) the difference between the amount of the

expenses for court facilities in such political subdivision incurred by

the state pursuant to this section and the amount of reimbursement owed

the state therefor by the political subdivision in such fiscal year, if

paragraph (c) of subdivision three of this section applies, or (ii) the

amount of reimbursement owed by the state to the political subdivision

in such fiscal year pursuant to paragraph (b) of subdivision three of

this section, if such paragraph (b) applies.