§ 1680-C — Creation of the court facilities capital review board

New York § 1680-C

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 4: Dormitory Authority
• Art. 8: Miscellaneous Authorities

Text

§ 1680-c. Creation of the court facilities capital review board. 1.\nThere is hereby created a court facilities capital review board. The\nvoting membership of the board shall consist of four persons appointed\nby the governor, of which one shall be upon the recommendation of the\ntemporary president of the senate, one upon the recommendation of the\nspeaker of the assembly, and one upon the recommendation of the chief\njudge of the court of appeals. The members of the board shall vote among\nthemselves to determine who shall serve as chairman. Any determination\nof the board shall be evidenced by a certificate thereof executed by all\nthe members entitled to vote on the matter so certified. Each member of\nthe board shall be entitled to designate a representative to attend\nmeetings of the board in his place and to vote or otherwise act on his\nbehalf in his absence. Notice of such designation shall be furnished in\nwriting to the board by the designating member. A representative shall\nserve at the pleasure of the designating member during the member's term\nof office. A representative shall not be authorized to delegate any of\nhis duties or functions to any other person.\n 2. The governor shall also appoint two nonvoting members to the court\nfacilities capital review board of which one shall be upon the\nrecommendation of the minority leader of the senate and one upon the\nrecommendation of the minority leader of the assembly. Each nonvoting\nmember shall be entitled to designate a representative to attend\nmeetings of the board in his place.\n 3. The chief executive officer of each participating municipality\nshall submit the capital plan pursuant to section two hundred nineteen\nof the judiciary law to the chief administrator of the courts. On or\nbefore January first, April first, July first, and October first of each\nyear commencing with the year nineteen hundred eighty-eight, the chief\nadministrator of the courts shall submit to the court facilities capital\nreview board the capital plan of each political subdivision that has\nsubmitted such a plan pursuant to section two hundred nineteen of the\njudiciary law, together with the appropriate facility design and\nperformance plan, if any, prepared by the dormitory authority pursuant\nto paragraph (c) of subdivision thirteen of section sixteen hundred\nseventy-eight of this chapter.\n The court facilities capital review board shall act on each capital\nplan within sixty days of the submission of such plan to the board. As\npart of its consideration of each capital plan, the board shall review\nand approve overall plans and cost estimates for the design,\nacquisition, construction, reconstruction, rehabilitation, improvement,\nfurnishing or equipping of facilities of the courts and court-related\nagencies of the unified court system. Before approving any such plans or\ncost estimates, the court facilities capital review board must be\nsatisfied that the facilities to which they relate are suitable and\nsufficient for the transaction of the business of the unified court\nsystem. Approval of each political subdivision's capital plan shall be\nby unanimous vote of the voting membership of the board. In the event\nthat the chief administrator of the courts and the chief executive\nofficer of the political subdivision submitting a capital plan agree on\nthe plan, the capital plan may be disapproved only by an affirmative\nvote of at least two voting members of the board. If the board does not\nact on a capital plan within sixty days of the submission of such plan\nto the board, the capital plan shall be approved or disapproved by the\nchief administrator of the courts.\n The court facilities capital review board shall consider, in approving\nor disapproving a capital plan for each political subdivision, the legal\nobligation of the political subdivision under section thirty-nine of the\njudiciary law to provide goods, services and facilities suitable and\nsufficient for the transaction of the business of the unified court\nsystem, and such political subdivision's fiscal capacity, including but\nnot limited to total taxes raised, total income generated, existing\nmunicipal debt and overall capital needs.\n 4. Nothing contained in this section shall be construed to limit or\ndiminish the authority of the chief administrator of the courts pursuant\nto subdivision three of section thirty-nine and section thirty-nine-a of\nthe judiciary law to determine whether a political subdivision has\nceased or failed to provide goods, services or facilities suitable and\nsufficient for the transaction of business, and to notify the state\ncomptroller of such determination.\n