N.Y. State Finance Law § 54-j: Court facilities incentive aid

§ 54-j. Court facilities incentive aid. 1. State assistance shall be

apportioned and paid in accordance with this subdivision to each

political subdivision of the state specified in paragraph (a) of

subdivision two of section thirty-nine of the judiciary law that has

entered into a lease, sublease or other agreement with the dormitory

authority pursuant to section sixteen hundred eighty-b of the public

authorities law or that after July first, nineteen hundred seventy-seven

either entered into a lease, sublease or other agreement with the

dormitory authority pursuant to section sixteen hundred eighty-a of the

public authorities law or undertook to design, acquire, construct,

reconstruct, rehabilitate or improve facilities for the transaction of

business by the unified court system and issued notes or bonds to fund

the cost thereof; provided, however, that no political subdivision

issuing notes or bonds after the effective date of this section shall be

entitled to state assistance pursuant to this subdivision unless, prior

to the issuance of such notes or bonds, the chief administrator of the

courts certifies that the court facility or facilities in connection

with which such notes or bonds are to be issued are consistent with the

capital plan approved pursuant to section sixteen hundred eighty-c of

the public authorities law. The amount of assistance to be paid

hereunder during each state fiscal year commencing on or after April

first, nineteen hundred eighty-eight, shall be equal to (a) a percentage

of the interest on notes and bonds of the dormitory authority issued to

provide court facilities, as defined in section sixteen hundred

seventy-six of the public authorities law, included in the rentals or

other payments required to be made during such state fiscal year under

each such lease, sublease or other agreement with the dormitory

authority and the interest on such notes and bonds included in the

rentals or other payments required to be made during each of the state

fiscal years commencing prior to April first, nineteen hundred

eighty-eight under each such lease, sublease or other agreement with the

dormitory authority and (b) a percentage of the interest on notes or

bonds issued by such political subdivision after July first, nineteen

hundred seventy-seven in connection with facilities for the transaction

of business by the unified court system, to be paid during such state

fiscal year and the interest on such notes and bonds paid by such

political subdivision during each of the state fiscal years commencing

prior to April first, nineteen hundred eighty-eight. The percentage of

such interest shall be determined as follows: (i) if the taxing capacity

of the political subdivision is not more than eighty-five percent of the

average taxing capacity, thirty-three percent; (ii) if the taxing

capacity of the political subdivision is more than eighty-five percent

and not more than ninety-one percent of the average taxing capacity,

thirty-one percent; (iii) if the taxing capacity of the political

subdivision is more than ninety-one percent and not more than

ninety-nine percent of the average taxing capacity, twenty-nine percent;

(iv) if the taxing capacity of the political subdivision is more than

ninety-nine percent and not more than one hundred seven percent of the

average taxing capacity, twenty-seven percent; (v) if the taxing

capacity of the political subdivision is more than one hundred seven

percent and not more than one hundred fifteen percent of the average

taxing capacity, twenty-six percent; and (vi) if the taxing capacity of

the political subdivision is more than one hundred fifteen percent of

the average taxing capacity, twenty-five percent.

Notwithstanding the foregoing, in the event the dormitory authority

enters into an interest rate exchange agreement or similar agreement

pursuant to sections sixteen hundred eighty-b and twenty-nine hundred

twenty-six of the public authorities law with respect to fixed rate

bonds, the amount of state assistance payable in accordance with this

subdivision on an annual basis shall not exceed the amount that would

have been payable without giving effect to such interest rate exchange

agreement or similar agreement; provided further, that no payments

payable on account of an interest rate exchange agreement or similar

agreement, other than the periodic floating rate payments to be made by

or for the political subdivision resulting in a reduction in the amount

of interests payable by the political subdivision to the dormitory

authority on account of the bonds or notes issued by such authority,

shall be aidable for purposes of state assistance payable pursuant to

this subdivision.

1-a. (a) Where a political subdivision specified in paragraph (a) of

subdivision two of section thirty-nine of the judiciary law undertakes

to design, acquire, lease, construct, reconstruct, rehabilitate or

improve facilities for the transaction of business by an appellate

division or to serve as chambers for a resident judge of the court of

appeals pursuant to section two hundred eighteen of the county law or,

for either of such purposes, enters into a lease, sublease or other

agreement with the dormitory authority pursuant to section one thousand

six hundred eighty-b of the public authorities law, such political

subdivision shall be entitled to state assistance, to be paid during

each state fiscal year commencing on or after April first, nineteen

hundred ninety-six, equaling one hundred percent of (i) the interest and

principal on notes and bonds of the dormitory authority issued to

provide facilities for the transaction of business by an appellate

division or to serve as chambers for a resident judge of the court of

appeals included in the rentals or other payments required to be made

during such fiscal year under each such lease, sublease or other

agreement with the dormitory authority, (ii) the interest and principal

on notes and bonds issued by the political subdivision in connection

with facilities for the transaction of business by an appellate division

or to serve as chambers for a resident judge of the court of appeals, to

be paid during such fiscal year, and (iii) during a state fiscal year

commencing on or after April first, nineteen hundred ninety-seven the

amount paid by the political subdivision in such year for rentals in

connection with any lease it enters into to provide facilities for the

transaction of business by an appellate division or to serve as chambers

for a resident judge of the court of appeals where the term of such

lease commences on or after April first, nineteen hundred ninety-eight

plus any other amount paid by the political subdivision during the

twelve month period concluding September thirtieth of the preceding

state fiscal year to provide such facilities. For purposes of this

paragraph, the provision of facilities to serve as chambers for a

resident judge of the court of appeals shall include all furnishings and

other items or services supplied by a political subdivision in

connection therewith pursuant to section two hundred eighteen of the

county law. For purposes of subparagraph (iii) of this paragraph,

computation of the amount referred to therein shall exclude any payments

made by a political subdivision in consequence of which such political

subdivision has received or will receive state assistance under

subparagraph (i) or (ii) of this paragraph. Notwithstanding any contrary

provision of this paragraph, no political subdivision shall be eligible

to receive state assistance hereunder in relation to the provision of

chambers for a resident judge of the court of appeals in any state

fiscal year beginning prior to April first, two thousand seven.

(b) Any amount to which a political subdivision otherwise would be

entitled during a state fiscal year pursuant to this subdivision shall

be reduced by the amount of state assistance to which that political

subdivision is entitled during that same fiscal year under subdivision

one of this section on account of interest on notes and bonds it issued

or the dormitory authority issued in connection with facilities for the

transaction of business by an appellate division.

(c) Notwithstanding any provision herein, no political subdivision

issuing notes or bonds after the effective date of this subdivision

shall be entitled to state assistance pursuant thereto unless, prior to

the issuance of such notes or bonds, the chief administrator of the

courts certifies that the court facility or facilities in connection

with which such notes or bonds are to be issued are consistent with the

capital plan approved pursuant to section sixteen hundred eighty-c of

the public authorities law.

2. (a) (i) In addition to the assistance payable pursuant to

subdivisions one and one-a of this section, the state shall apportion

and pay during each state fiscal year commencing on or after April

first, nineteen hundred eighty-eight, but not later than April first,

nineteen hundred ninety-nine, assistance to each political subdivision

specified in paragraph (a) of subdivision two of section thirty-nine of

the judiciary law in an amount equal to a percentage of the expenses

paid by such political subdivision during the twelve-month period

concluding September thirtieth of the preceding state fiscal year for

the operation and maintenance of court facilities owned, operated or

otherwise provided by such political subdivision for the transaction of

business by the unified court system, not including facilities for the

transaction of business by an appellate division; except that: (A) the

amount of assistance payable during the state fiscal year commencing

April first, nineteen hundred eighty-eight shall be equal to a

percentage of such expenses paid by such political subdivision during

the period from the effective date of this section through September

thirtieth, nineteen hundred eighty-seven, and (B) the amount of

assistance payable during the state fiscal year commencing April first,

nineteen hundred ninety-nine shall be equal to a percentage of such

expenses paid by such political subdivision during the period from

October first, nineteen hundred ninety-seven through March thirty-first,

nineteen hundred ninety-eight.

(ii) The percentage of such expenses paid for the operation and

maintenance of court facilities shall be determined as follows: (A) if

the taxing capacity of the political subdivision is not more than

eighty-five percent of the average taxing capacity, twenty-five percent;

(B) if the taxing capacity of the political subdivision is more than

eighty-five percent and not more than ninety-one percent of the average

taxing capacity, twenty-two percent; (C) if the taxing capacity of the

political subdivision is more than ninety-one percent and not more than

ninety-nine percent of the average taxing capacity, nineteen percent;

(D) if the taxing capacity of the political subdivision is more than

ninety-nine percent and not more than one hundred seven percent of the

average taxing capacity, sixteen percent; (E) if the taxing capacity of

the political subdivision is more than one hundred seven percent and not

more than one hundred fifteen percent of the average taxing capacity,

thirteen percent; and (F) if the taxing capacity of the political

subdivision is more than one hundred fifteen percent of the average

taxing capacity, ten percent. For purposes of this subdivision only,

effective April first, nineteen hundred ninety-six, the expenses

described herein shall not include any expenses for the administration

and supervision of a workfare program, as specified in subdivision two-a

of this section.

(b) (i) The state shall apportion and pay during each state fiscal

year commencing on or after April first, nineteen hundred ninety-eight

assistance to each political subdivision specified in paragraph (a) of

subdivision two of section thirty-nine of the judiciary law in an amount

equal to one hundred percent of the expenses paid by such political

subdivision during the twelve-month period concluding September

thirtieth of the preceding state fiscal year for the operation and

maintenance of court facilities owned, operated or otherwise provided by

such political subdivision for the transaction of business by an

appellate division.

(ii) During the state fiscal year commencing April first, nineteen

hundred ninety-seven, the state shall apportion and pay assistance to

each political subdivision specified in paragraph (a) of subdivision two

of section thirty-nine of the judiciary law in an amount equal to a

percentage of the expenses paid by such political subdivision during the

twelve-month period concluding September thirtieth, nineteen hundred

ninety-six for the operation and maintenance of court facilities owned,

operated or otherwise provided by such political subdivision for the

transaction of business by an appellate division. The percentage to be

applied to expenses incurred between April first, nineteen hundred

ninety-six and September thirtieth next thereafter shall be one hundred

percent, and for expenses incurred prior to April first, nineteen

hundred ninety-six, the percentage shall be determined in accordance

with subparagraph (ii) of paragraph (a) of this subdivision.

2-a. (a) In addition to the assistance payable pursuant to

subdivisions one and two of this section, the state shall apportion and

pay during each state fiscal year commencing on or after April first,

nineteen hundred ninety-six assistance to each political subdivision

specified in paragraph (a) of subdivision two of section thirty-nine of

the judiciary law in an amount equal to one hundred percent of the

expenses incurred by such political subdivision during the twelve-month

period concluding September thirtieth of the preceding state fiscal year

for the administration and supervision, subject to rules of the chief

administrator of the courts, of a workfare program provided through the

department of social services to assist such political subdivision in

the cleaning and maintenance of court facilities it owns, operates or

otherwise provides for the transaction of business by the unified court

system.

(b) Notwithstanding any provision of paragraph (a) of this

subdivision, assistance shall not be paid to any political subdivision

for expenses incurred for the administration and supervision of a

workfare program if the assignment of workfare participants would result

in (1) the displacement of any currently employed worker or loss of

position (including partial displacement such as a reduction in the

hours of non-overtime work, wages, or employment benefits) or result in

the impairment of existing contracts for services or collective

bargaining agreements; (2) the employment or assignment of a participant

or the filling of a position when any other person is on layoff from the

same or any equivalent position or the employer has terminated the

employment of any regular employee or otherwise reduced its workforce

with the effect of filling the vacancy so created with a workfare

participant; or (3) any infringement of the promotional opportunities of

any currently employed person. The amount of assistance to which such

city or any of such counties is entitled during a state fiscal year

pursuant to paragraph (a) of this subdivision shall be reduced where,

during the twelve-month period concluding September thirtieth of the

preceding state fiscal year, the expenses it paid for personnel services

related to the operation and maintenance of court facilities it owned,

operated or otherwise provided for the transaction of business by the

unified court system ("current personnel expenses") were less than the

expenses it paid for such services during the twelve-month period

concluding September thirtieth, nineteen hundred ninety-four

("base-level personnel expenses"). The amount of such reduction shall

equal the difference between base-level personnel expenses and current

personnel expenses.

(c) In no event may the amount of assistance received in a state

fiscal year by a city or county pursuant to this subdivision exceed the

greater of twenty-five thousand dollars or one-third the amount of

assistance received by such city or county in that same fiscal year

pursuant to subdivision two of this section.

(d) Notwithstanding any other provision of law, a political

subdivision specified in paragraph (a) of subdivision two of section

thirty-nine of the judiciary law shall give notice of intention to apply

for funds pursuant to this subdivision to and shall consult about the

implementation of the use of workfare participants with the employee

organization representing the employees who clean and maintain the court

facilities to which the workfare participants will be assigned prior to

taking action to implement such plan or to receive such funds. The chief

administrative judge shall consult with the capital facilities review

board before approving any plan or dispersing funds to a political

subdivision pursuant to this subdivision.

3. Not later than December first in each year commencing with December

first, nineteen hundred eighty-seven:

(a) Each political subdivision entitled to state assistance under this

section shall submit to the chief administrator a statement that (i) if

submitted on or before December first, nineteen hundred ninety-eight,

details the expenses paid by such political subdivision during the

twelve-month period running from October first of the preceding year

through September thirtieth immediately preceding the December first on

which the statement is required to be submitted for the operation and

maintenance of court facilities it owns, operates or otherwise provides

for transaction of business by the courts and court-related agencies of

the unified court system; provided, however, that the statement

submitted on or before December first, nineteen hundred eighty-seven

shall detail only those expenses paid during the period from the

effective date of this section through September thirtieth, nineteen

hundred eighty-seven and the statement submitted during calendar year

nineteen hundred ninety-eight shall detail only those expenses paid

during the period from October first, nineteen hundred ninety-seven

through March thirty-first, nineteen hundred ninety-eight; and (ii) sets

forth the interest on notes and bonds specified in subdivision one of

this section and the interest and principal on notes and bonds specified

in subdivision one-a of this section payable during the immediately

succeeding state fiscal year and, as to notes and bonds specified in

subdivision one of this section, the interest thereon during each state

fiscal year commencing on or after April first, nineteen hundred

seventy-seven to and including the state fiscal year ending March

thirty-first, nineteen hundred eighty-eight; and (iii) setting forth all

payments by such political subdivision during the twelve-month period

running from October first of the preceding year through September

thirtieth immediately preceding the December first on which the

statement is required to be submitted on account of which such political

subdivision will be entitled to state assistance pursuant to

subparagraph (iii) of paragraph (a) of subdivision one-a of this section

during the fiscal year commencing next thereafter. As soon as possible

following submission of the statement required hereby, the chief

administrator shall certify to the accuracy of such statement and shall

transmit it to the state comptroller, the state budget director, the

chair of the senate finance committee, and the chair of the assembly

ways and means committee.

(b) Beginning December first, nineteen hundred eighty-eight, the state

comptroller shall compute and certify to the chief administrator, the

state budget director, the chairman of the senate finance committee, and

the chairman of the assembly ways and means committee, the percentage or

percentages to be applied in determining the amount of any state

assistance payable under this section to each political subdivision

entitled thereto during the immediately succeeding state fiscal year;

provided, however, that the certificate made on or before December

first, nineteen hundred eighty-seven by the commissioner of taxation and

finance shall also certify the percentage or percentages to be applied

in determining the amount of state assistance payable under subdivision

one of this section for each state fiscal year commencing on or after

April first, nineteen hundred seventy-seven, to and including the state

fiscal year ending on March thirty-first, nineteen hundred eighty-eight.

4. The state assistance apportioned under this section shall be

determined by the chief administrator and paid out of the court

facilities incentive aid fund at the times and in the amounts set forth

in section ninety-four of this chapter; provided that the amount to be

apportioned for a state fiscal year ending prior to April first,

nineteen hundred eighty-eight shall be paid in equal installments

payable over the ten state fiscal years next succeeding the state fiscal

year beginning April first, nineteen hundred eighty-seven.

Notwithstanding the provisions hereof, the assistance payable pursuant

to this section during a state fiscal year shall be limited to the

amount of moneys in the court facilities incentive aid fund during such

state fiscal year. In the event that the amount in the court facilities

incentive aid fund during a state fiscal year is not sufficient to pay

fully the amount apportioned during such fiscal year to each political

subdivision entitled thereto, each such political subdivision shall be

entitled to receive only that portion of the moneys in the court

facilities incentive aid fund during the state fiscal year which has

been credited to the account herein established for such political

subdivision in accordance with section ninety-four of this chapter.

5. When used in this section, unless otherwise expressly stated, the

following terms shall have the following meanings:

(a) "Average taxing capacity" means for counties not within the city

of New York an amount equal to the taxing capacities for all such

counties divided by the number of such counties, and for cities an

amount equal to the taxing capacity for all cities divided by the number

of cities.

(b) "Full value" means for each county and each city an amount equal

to the total taxable assessed value of property on the most recently

completed assessment roll as filed with the state comptroller divided by

the final state equalization rate established for such roll by the

commissioner of taxation and finance.

(c) "Taxing capacity" means an amount equal to the full value of a

county or a city divided by the population of such county or city.

(d) "Operation and maintenance of court facilities" means the routine

care and upkeep of such facilities in a manner consistent with such

standards and policies relating to court facilities as may be

promulgated pursuant to section twenty-eight of article six of the

constitution.

(e) "Population" means the final population as shown on the most

recent decennial federal census as certified by the United States Bureau

of Census.