§ 39-B — Special provisions relating to court facilities

New York § 39-B

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 2: General Provisions Relating to Courts and Judges

Text

§ 39-b. Special provisions relating to court facilities. 1. For\npurposes of this section:\n (a) the term "court facilities" shall mean facilities for the\ntransaction of business by the state-paid courts and court-related\nagencies of the unified court system and the judicial and nonjudicial\npersonnel thereof, including rooms and accommodations for the courts and\ncourt-related agencies of the unified court system, the judges, justices\nand the clerical, administrative and other personnel thereof.\n (b) the term "cleaning of court facilities" shall mean those services\nand activities that are necessary to insure that the interior of each\ncourt facility is and remains a clean and healthful environment in which\nto transact the business of the unified court system. These services and\nactivities include, but are not limited to: removal of trash and debris;\nmaintenance of appropriate standards of hygiene; painting; pest control;\nand replacement of consumable items such as light bulbs, soap, toilet\npaper and paper towelling. They also shall include the making of minor\nrepairs in accordance with rules of the chief judge.\n (c) the term "political subdivision" shall include each county of the\nstate outside the city of New York and each city of the state.\n 2. Commencing April first, nineteen hundred ninety-eight, the state\nshall be responsible for the cleaning of court facilities and, subject\nto the provisions of paragraphs (b) and (c) of subdivision three of this\nsection, shall pay the cost thereof out of funds appropriated from the\ncourt facilities incentive aid fund to the judiciary for that purpose.\n 3. (a) Notwithstanding any provision herein, the state shall enter\ninto a contract with a political subdivision pursuant to which such\npolitical subdivision shall provide for the cleaning of court facilities\nlocated therein except that, where any such political subdivision shall\nfail to comply with the provisions of such contract, the chief\nadministrator may proceed pursuant to an alternative plan for the\ncleaning of court facilities located in such political subdivision\nsubject to the approval of such alternative plan by the court facilities\ncapital review board in the same manner as the approval of the capital\nplan of a political subdivision pursuant to section sixteen hundred\neighty-c of the public authorities law.\n (b) Any contract with a political subdivision entered pursuant to\nparagraph (a) of this subdivision for the cleaning of court facilities\nin that political subdivision during a fiscal year ending prior to April\nfirst, two thousand one shall provide that the political subdivision\nshall pay the cost of such cleaning in the first instance and that the\nstate shall reimburse the political subdivision from funds appropriated\nfrom the court facilities incentive aid fund an amount equaling: (i)\ntwenty-five percent of all expenses the political subdivision actually\nand necessarily incurred in compliance with this paragraph if the fiscal\nyear commenced April first, nineteen hundred ninety-eight, (ii) fifty\npercent of all expenses the political subdivision actually and\nnecessarily incurred in compliance with this paragraph if the fiscal\nyear commenced April first, nineteen hundred ninety-nine, and (iii)\nseventy-five percent of all expenses the political subdivision actually\nand necessarily incurred in compliance with this paragraph if the fiscal\nyear commenced April first, two thousand.\n (c) Where a political subdivision shall fail to enter into a contract\npursuant to paragraph (a) of this subdivision for the cleaning of court\nfacilities in that political subdivision during a fiscal year ending\nprior to April first, two thousand one or to comply with provisions of\nsuch a contract once entered into, and the chief administrator proceeds\npursuant to an alternative plan pursuant to such paragraph, the chief\nadministrator shall certify that fact to the state comptroller, the\ndirector of the budget, the chair of the senate finance committee and\nthe chair of the assembly ways and means committee, along with the cost\nof such alternative plan to the state in such fiscal year. In such\nevent, the political subdivision shall be required to reimburse the\nstate for a percentage of such cost as follows:\n (i) in the fiscal year commencing April first, nineteen hundred\nninety-eight, seventy-five percent;\n (ii) in the fiscal year commencing April first, nineteen hundred\nninety-nine, fifty percent; and\n (iii) in the fiscal year commencing April first, two thousand,\ntwenty-five percent.\nEffective for each fiscal year in which a political subdivision is\nrequired to reimburse the state pursuant to this paragraph, the state\ncomptroller shall: (i) deduct from any moneys payable to such political\nsubdivision from the local assistance fund the amount of such\nreimbursement, and (ii) transfer the amount of such deduction from the\nlocal assistance fund to the court facilities incentive aid fund.\n 4. Notwithstanding the provisions of subdivisions two and three of\nthis section, where, for a state fiscal year commencing on or after\nApril first, nineteen hundred ninety-eight, a political subdivision\ndemonstrates to the chief administrator that its net liability under\nthis section on account of expenses incurred pursuant to this section\nfor its court facilities during that state fiscal year is greater than\nthe difference between: (i) the amount of those expenses and (ii) the\namount of state assistance to which the political subdivision would have\nbeen entitled, on account of expenses paid during such fiscal year,\npursuant to the provisions of paragraph (a) of subdivision two of\nsection fifty-four-j of the state finance law in effect prior to\nenactment of chapter six hundred eighty-six of the laws of nineteen\nhundred ninety-six had such provisions remained in effect, then, for\nthat fiscal year, the amount of reimbursement the political subdivision\nis owed by the state shall be increased or the amount of reimbursement\nit owes the state shall be decreased, as appropriate, so that the\npolitical subdivision's net liability under this section for the fiscal\nyear equals such difference. For purposes of this subdivision, a\npolitical subdivision's net liability under this section for a state\nfiscal year shall equal: (i) the difference between the amount of the\nexpenses for court facilities in such political subdivision incurred by\nthe state pursuant to this section and the amount of reimbursement owed\nthe state therefor by the political subdivision in such fiscal year, if\nparagraph (c) of subdivision three of this section applies, or (ii) the\namount of reimbursement owed by the state to the political subdivision\nin such fiscal year pursuant to paragraph (b) of subdivision three of\nthis section, if such paragraph (b) applies.\n