N.Y. Public Authorities Law § 1680-c: Creation of the court facilities capital review board

§ 1680-c. Creation of the court facilities capital review board. 1.

There is hereby created a court facilities capital review board. The

voting membership of the board shall consist of four persons appointed

by the governor, of which one shall be upon the recommendation of the

temporary president of the senate, one upon the recommendation of the

speaker of the assembly, and one upon the recommendation of the chief

judge of the court of appeals. The members of the board shall vote among

themselves to determine who shall serve as chairman. Any determination

of the board shall be evidenced by a certificate thereof executed by all

the members entitled to vote on the matter so certified. Each member of

the board shall be entitled to designate a representative to attend

meetings of the board in his place and to vote or otherwise act on his

behalf in his absence. Notice of such designation shall be furnished in

writing to the board by the designating member. A representative shall

serve at the pleasure of the designating member during the member's term

of office. A representative shall not be authorized to delegate any of

his duties or functions to any other person.

2. The governor shall also appoint two nonvoting members to the court

facilities capital review board of which one shall be upon the

recommendation of the minority leader of the senate and one upon the

recommendation of the minority leader of the assembly. Each nonvoting

member shall be entitled to designate a representative to attend

meetings of the board in his place.

3. The chief executive officer of each participating municipality

shall submit the capital plan pursuant to section two hundred nineteen

of the judiciary law to the chief administrator of the courts. On or

before January first, April first, July first, and October first of each

year commencing with the year nineteen hundred eighty-eight, the chief

administrator of the courts shall submit to the court facilities capital

review board the capital plan of each political subdivision that has

submitted such a plan pursuant to section two hundred nineteen of the

judiciary law, together with the appropriate facility design and

performance plan, if any, prepared by the dormitory authority pursuant

to paragraph (c) of subdivision thirteen of section sixteen hundred

seventy-eight of this chapter.

The court facilities capital review board shall act on each capital

plan within sixty days of the submission of such plan to the board. As

part of its consideration of each capital plan, the board shall review

and approve overall plans and cost estimates for the design,

acquisition, construction, reconstruction, rehabilitation, improvement,

furnishing or equipping of facilities of the courts and court-related

agencies of the unified court system. Before approving any such plans or

cost estimates, the court facilities capital review board must be

satisfied that the facilities to which they relate are suitable and

sufficient for the transaction of the business of the unified court

system. Approval of each political subdivision's capital plan shall be

by unanimous vote of the voting membership of the board. In the event

that the chief administrator of the courts and the chief executive

officer of the political subdivision submitting a capital plan agree on

the plan, the capital plan may be disapproved only by an affirmative

vote of at least two voting members of the board. If the board does not

act on a capital plan within sixty days of the submission of such plan

to the board, the capital plan shall be approved or disapproved by the

chief administrator of the courts.

The court facilities capital review board shall consider, in approving

or disapproving a capital plan for each political subdivision, the legal

obligation of the political subdivision under section thirty-nine of the

judiciary law to provide goods, services and facilities suitable and

sufficient for the transaction of the business of the unified court

system, and such political subdivision's fiscal capacity, including but

not limited to total taxes raised, total income generated, existing

municipal debt and overall capital needs.

4. Nothing contained in this section shall be construed to limit or

diminish the authority of the chief administrator of the courts pursuant

to subdivision three of section thirty-nine and section thirty-nine-a of

the judiciary law to determine whether a political subdivision has

ceased or failed to provide goods, services or facilities suitable and

sufficient for the transaction of business, and to notify the state

comptroller of such determination.