N.Y. State Finance Law § 94: Court facilities incentive aid fund

§ 94. Court facilities incentive aid fund. 1. There is hereby

established in the joint custody of the state comptroller and the

commissioner of taxation and finance a fund to be known as the "court

facilities incentive aid fund."

Within such fund there is hereby established a special account for

each political subdivision of the state to which state assistance is

apportioned and payable pursuant to section fifty-four-j of this

chapter.

2. (a) Such fund shall consist of the moneys transferred to the

account by the comptroller pursuant to subdivision four of this section

and pursuant to paragraph (c) of subdivision three of section

thirty-nine-b of the judiciary law. Each account in the court facilities

incentive aid fund established for a political subdivision shall be

credited with a portion of the moneys in the fund, which portion shall

be equal to the amount the assistance apportioned during the then

current state fiscal year to the political subdivision pursuant to

section fifty-four-j of this chapter bears to the total of such

assistance apportioned during such state fiscal year to all political

subdivisions entitled to such assistance during such state fiscal year;

provided, however, that no account established for a political

subdivision shall be credited with an amount greater than the amount of

assistance apportioned to such political subdivision pursuant to section

fifty-four-j of this chapter. Moneys in the fund in excess of the

amount credited to the accounts established for political subdivisions

shall be retained in the fund for application for the purposes of the

fund during subsequent state fiscal years. The moneys in the fund and

each account therein shall be appropriated for payment of state

assistance apportioned and payable pursuant to section fifty-four-j of

this chapter to the political subdivisions entitled thereto, for payment

to the dormitory authority pursuant to subdivision three of this section

and section sixteen hundred eighty-b of the public authorities law, and

for payment by the judiciary of costs and expenses required by section

thirty-nine-b of the judiciary law.

(b) Notwithstanding the foregoing, moneys in the fund in excess of the

amount credited to the accounts established for political subdivisions

pursuant to paragraph (a) of this subdivision shall be (1) transferred

by the state comptroller to the general debt service fund for payment of

the judiciary's expenses in relation to the New York state judicial

institute as provided in the agreement specified in subdivision two of

section two hundred nineteen-a of the judiciary law provided, however,

that such transfer shall not exceed amounts actually paid for such

expenses; and (2) available, subject to appropriation, for payments by

the judiciary for operation and maintenance expenses related to the New

York state judicial institute.

3. The moneys in each account within the court facilities incentive

aid fund established for a political subdivision shall be paid to the

political subdivision for which such account was established on or

within thirty days after the first day of May, August, November and

February of each state fiscal year; provided, however, that the amount

of each such payment shall not exceed twenty-five percent of the

assistance apportioned to such political subdivision pursuant to section

fifty-four-j of this chapter; and, provided, further, that no payment

shall be made to a political subdivision if, prior to such payment, the

chairman or another officer of the dormitory authority has certified to

the comptroller pursuant to section sixteen hundred eighty-b of the

public authorities law that such political subdivision has failed to pay

all or part of the rentals or other payments to be made under any lease,

sublease or other agreement with the dormitory authority, and the amount

set forth in such certificate remains unpaid by such political

subdivision or from moneys deducted by the comptroller in accordance

with section sixteen hundred eighty-b of the public authorities law from

moneys apportioned to such political subdivision. Upon receipt of a

certificate of the chairman or another officer of the dormitory

authority made in accordance with section sixteen hundred eighty-b of

the public authorities law, the comptroller shall pay to the dormitory

authority the moneys from time to time credited to the account in the

court facilities incentive aid fund established for such political

subdivision and deduct such amount from the assistance apportioned and

payable to such political subdivision and the assistance payable to such

political subdivision from the fund shall be reduced by the amount

deducted notwithstanding the amount appropriated and apportioned by the

state to such political subdivision, and the state shall not be

obligated to make, and the political subdivision shall not be entitled

to receive, any additional apportionment or payment of such assistance.

4. On or before April twentieth in each year, commencing with April

twentieth, nineteen hundred ninety-one, the chief administrator shall

determine and certify to the comptroller the difference between: (a) the

aggregate receipts derived by the state from the fees specified in

paragraph (e) of subdivision two of section thirty-nine of the judiciary

law during the fiscal year ending the preceding March thirty-first plus

all interest paid to the commissioner of taxation and finance during

such fiscal year pursuant to section one hundred eighty-two of this

chapter, and (b) the aggregate receipts derived by the state from the

fees specified in paragraph (e) of subdivision two of section

thirty-nine of the judiciary law during the state fiscal year commencing

April first, nineteen hundred eighty-six. One-half of the amount of such

difference shall thereupon be transferred by the comptroller from the

general fund to the court facilities incentive aid fund.

5. All payments of moneys from the court facilities incentive aid fund

shall be made on the audit and warrant of the comptroller on vouchers

certified or approved by the chief administrator of the courts.

6. On or before April thirtieth of each fiscal year, the comptroller

shall certify to the director of the budget and the chief administrator,

with copies of such certification filed with the chairmen of the senate

finance committee and the assembly ways and means committee, the amount

of moneys transferred from the court facilities incentive aid fund to

the general fund in the previous fiscal year, as well as the total

amount of moneys transferred from the court facilities incentive aid

fund to the general fund from the date of the establishment of the court

facilities incentive aid fund to the present, and the total, if any, of

moneys transferred from the general fund to the court facilities

incentive aid fund in all previous years pursuant to the court

facilities incentive aid fund guarantee set forth in this subdivision.

If in any fiscal year, moneys in the court facilities incentive aid

fund are insufficient to meet vouchers presented for payment charged to

appropriations made pursuant to this section, or for transfers made

pursuant to paragraph (b) of subdivision two of this section for payment

of the judiciary's expenses in relation to the New York state judicial

institute, as authorized pursuant to chapter six hundred thirteen of the

laws of nineteen hundred ninety-nine, because of transfers to the

general fund as certified by the state comptroller pursuant to this

subdivision, the comptroller shall transfer from the general fund to the

court facilities incentive aid fund sufficient moneys to meet the

vouchers or transfers. Such a transfer shall be made only upon

certification of need by the chief administrator of the courts with the

approval of the state comptroller, with copies of such certification

filed with the chairmen of the senate finance committee, the assembly

ways and means committee and the director of the budget. In no case

shall such transfers exceed the aggregate amount certified by the

comptroller in such fiscal year as having been previously transferred

from the court facilities incentive aid fund less the aggregate amount

certified by the comptroller in such fiscal year as having been

previously transferred to the court facilities incentive aid fund

pursuant to this subdivision.