§ 54-J — Court facilities incentive aid

§ 54-j. Court facilities incentive aid. 1. State assistance shall be\napportioned and paid in accordance with this subdivision to each\npolitical subdivision of the state specified in paragraph (a) of\nsubdivision two of section thirty-nine of the judiciary law that has\nentered into a lease, sublease or other agreement with the dormitory\nauthority pursuant to section sixteen hundred eighty-b of the public\nauthorities law or that after July first, nineteen hundred seventy-seven\neither entered into a lease, sublease or other agreement with the\ndormitory authority pursuant to section sixteen hundred eighty-a of the\npublic authorities law or undertook to design, acquire, construct,\nreconstruct, rehabilitate or improve facilities for the transaction of\nbusiness by the unified court system and issued notes or bonds to fund\nthe cost thereof; provided, however, that no political subdivision\nissuing notes or bonds after the effective date of this section shall be\nentitled to state assistance pursuant to this subdivision unless, prior\nto the issuance of such notes or bonds, the chief administrator of the\ncourts certifies that the court facility or facilities in connection\nwith which such notes or bonds are to be issued are consistent with the\ncapital plan approved pursuant to section sixteen hundred eighty-c of\nthe public authorities law. The amount of assistance to be paid\nhereunder during each state fiscal year commencing on or after April\nfirst, nineteen hundred eighty-eight, shall be equal to (a) a percentage\nof the interest on notes and bonds of the dormitory authority issued to\nprovide court facilities, as defined in section sixteen hundred\nseventy-six of the public authorities law, included in the rentals or\nother payments required to be made during such state fiscal year under\neach such lease, sublease or other agreement with the dormitory\nauthority and the interest on such notes and bonds included in the\nrentals or other payments required to be made during each of the state\nfiscal years commencing prior to April first, nineteen hundred\neighty-eight under each such lease, sublease or other agreement with the\ndormitory authority and (b) a percentage of the interest on notes or\nbonds issued by such political subdivision after July first, nineteen\nhundred seventy-seven in connection with facilities for the transaction\nof business by the unified court system, to be paid during such state\nfiscal year and the interest on such notes and bonds paid by such\npolitical subdivision during each of the state fiscal years commencing\nprior to April first, nineteen hundred eighty-eight. The percentage of\nsuch interest shall be determined as follows: (i) if the taxing capacity\nof the political subdivision is not more than eighty-five percent of the\naverage taxing capacity, thirty-three percent; (ii) if the taxing\ncapacity of the political subdivision is more than eighty-five percent\nand not more than ninety-one percent of the average taxing capacity,\nthirty-one percent; (iii) if the taxing capacity of the political\nsubdivision is more than ninety-one percent and not more than\nninety-nine percent of the average taxing capacity, twenty-nine percent;\n(iv) if the taxing capacity of the political subdivision is more than\nninety-nine percent and not more than one hundred seven percent of the\naverage taxing capacity, twenty-seven percent; (v) if the taxing\ncapacity of the political subdivision is more than one hundred seven\npercent and not more than one hundred fifteen percent of the average\ntaxing capacity, twenty-six percent; and (vi) if the taxing capacity of\nthe political subdivision is more than one hundred fifteen percent of\nthe average taxing capacity, twenty-five percent.\n Notwithstanding the foregoing, in the event the dormitory authority\nenters into an interest rate exchange agreement or similar agreement\npursuant to sections sixteen hundred eighty-b and twenty-nine hundred\ntwenty-six of the public authorities law with respect to fixed rate\nbonds, the amount of state assistance payable in accordance with this\nsubdivision on an annual basis shall not exceed the amount that would\nhave been payable without giving effect to such interest rate exchange\nagreement or similar agreement; provided further, that no payments\npayable on account of an interest rate exchange agreement or similar\nagreement, other than the periodic floating rate payments to be made by\nor for the political subdivision resulting in a reduction in the amount\nof interests payable by the political subdivision to the dormitory\nauthority on account of the bonds or notes issued by such authority,\nshall be aidable for purposes of state assistance payable pursuant to\nthis subdivision.\n 1-a. (a) Where a political subdivision specified in paragraph (a) of\nsubdivision two of section thirty-nine of the judiciary law undertakes\nto design, acquire, lease, construct, reconstruct, rehabilitate or\nimprove facilities for the transaction of business by an appellate\ndivision or to serve as chambers for a resident judge of the court of\nappeals pursuant to section two hundred eighteen of the county law or,\nfor either of such purposes, enters into a lease, sublease or other\nagreement with the dormitory authority pursuant to section one thousand\nsix hundred eighty-b of the public authorities law, such political\nsubdivision shall be entitled to state assistance, to be paid during\neach state fiscal year commencing on or after April first, nineteen\nhundred ninety-six, equaling one hundred percent of (i) the interest and\nprincipal on notes and bonds of the dormitory authority issued to\nprovide facilities for the transaction of business by an appellate\ndivision or to serve as chambers for a resident judge of the court of\nappeals included in the rentals or other payments required to be made\nduring such fiscal year under each such lease, sublease or other\nagreement with the dormitory authority, (ii) the interest and principal\non notes and bonds issued by the political subdivision in connection\nwith facilities for the transaction of business by an appellate division\nor to serve as chambers for a resident judge of the court of appeals, to\nbe paid during such fiscal year, and (iii) during a state fiscal year\ncommencing on or after April first, nineteen hundred ninety-seven the\namount paid by the political subdivision in such year for rentals in\nconnection with any lease it enters into to provide facilities for the\ntransaction of business by an appellate division or to serve as chambers\nfor a resident judge of the court of appeals where the term of such\nlease commences on or after April first, nineteen hundred ninety-eight\nplus any other amount paid by the political subdivision during the\ntwelve month period concluding September thirtieth of the preceding\nstate fiscal year to provide such facilities. For purposes of this\nparagraph, the provision of facilities to serve as chambers for a\nresident judge of the court of appeals shall include all furnishings and\nother items or services supplied by a political subdivision in\nconnection therewith pursuant to section two hundred eighteen of the\ncounty law. For purposes of subparagraph (iii) of this paragraph,\ncomputation of the amount referred to therein shall exclude any payments\nmade by a political subdivision in consequence of which such political\nsubdivision has received or will receive state assistance under\nsubparagraph (i) or (ii) of this paragraph. Notwithstanding any contrary\nprovision of this paragraph, no political subdivision shall be eligible\nto receive state assistance hereunder in relation to the provision of\nchambers for a resident judge of the court of appeals in any state\nfiscal year beginning prior to April first, two thousand seven.\n (b) Any amount to which a political subdivision otherwise would be\nentitled during a state fiscal year pursuant to this subdivision shall\nbe reduced by the amount of state assistance to which that political\nsubdivision is entitled during that same fiscal year under subdivision\none of this section on account of interest on notes and bonds it issued\nor the dormitory authority issued in connection with facilities for the\ntransaction of business by an appellate division.\n (c) Notwithstanding any provision herein, no political subdivision\nissuing notes or bonds after the effective date of this subdivision\nshall be entitled to state assistance pursuant thereto unless, prior to\nthe issuance of such notes or bonds, the chief administrator of the\ncourts certifies that the court facility or facilities in connection\nwith which such notes or bonds are to be issued are consistent with the\ncapital plan approved pursuant to section sixteen hundred eighty-c of\nthe public authorities law.\n 2. (a) (i) In addition to the assistance payable pursuant to\nsubdivisions one and one-a of this section, the state shall apportion\nand pay during each state fiscal year commencing on or after April\nfirst, nineteen hundred eighty-eight, but not later than April first,\nnineteen hundred ninety-nine, assistance to each political subdivision\nspecified in paragraph (a) of subdivision two of section thirty-nine of\nthe judiciary law in an amount equal to a percentage of the expenses\npaid by such political subdivision during the twelve-month period\nconcluding September thirtieth of the preceding state fiscal year for\nthe operation and maintenance of court facilities owned, operated or\notherwise provided by such political subdivision for the transaction of\nbusiness by the unified court system, not including facilities for the\ntransaction of business by an appellate division; except that: (A) the\namount of assistance payable during the state fiscal year commencing\nApril first, nineteen hundred eighty-eight shall be equal to a\npercentage of such expenses paid by such political subdivision during\nthe period from the effective date of this section through September\nthirtieth, nineteen hundred eighty-seven, and (B) the amount of\nassistance payable during the state fiscal year commencing April first,\nnineteen hundred ninety-nine shall be equal to a percentage of such\nexpenses paid by such political subdivision during the period from\nOctober first, nineteen hundred ninety-seven through March thirty-first,\nnineteen hundred ninety-eight.\n (ii) The percentage of such expenses paid for the operation and\nmaintenance of court facilities shall be determined as follows: (A) if\nthe taxing capacity of the political subdivision is not more than\neighty-five percent of the average taxing capacity, twenty-five percent;\n(B) if the taxing capacity of the political subdivision is more than\neighty-five percent and not more than ninety-one percent of the average\ntaxing capacity, twenty-two percent; (C) if the taxing capacity of the\npolitical subdivision is more than ninety-one percent and not more than\nninety-nine percent of the average taxing capacity, nineteen percent;\n(D) if the taxing capacity of the political subdivision is more than\nninety-nine percent and not more than one hundred seven percent of the\naverage taxing capacity, sixteen percent; (E) if the taxing capacity of\nthe political subdivision is more than one hundred seven percent and not\nmore than one hundred fifteen percent of the average taxing capacity,\nthirteen percent; and (F) if the taxing capacity of the political\nsubdivision is more than one hundred fifteen percent of the average\ntaxing capacity, ten percent. For purposes of this subdivision only,\neffective April first, nineteen hundred ninety-six, the expenses\ndescribed herein shall not include any expenses for the administration\nand supervision of a workfare program, as specified in subdivision two-a\nof this section.\n (b) (i) The state shall apportion and pay during each state fiscal\nyear commencing on or after April first, nineteen hundred ninety-eight\nassistance to each political subdivision specified in paragraph (a) of\nsubdivision two of section thirty-nine of the judiciary law in an amount\nequal to one hundred percent of the expenses paid by such political\nsubdivision during the twelve-month period concluding September\nthirtieth of the preceding state fiscal year for the operation and\nmaintenance of court facilities owned, operated or otherwise provided by\nsuch political subdivision for the transaction of business by an\nappellate division.\n (ii) During the state fiscal year commencing April first, nineteen\nhundred ninety-seven, the state shall apportion and pay assistance to\neach political subdivision specified in paragraph (a) of subdivision two\nof section thirty-nine of the judiciary law in an amount equal to a\npercentage of the expenses paid by such political subdivision during the\ntwelve-month period concluding September thirtieth, nineteen hundred\nninety-six for the operation and maintenance of court facilities owned,\noperated or otherwise provided by such political subdivision for the\ntransaction of business by an appellate division. The percentage to be\napplied to expenses incurred between April first, nineteen hundred\nninety-six and September thirtieth next thereafter shall be one hundred\npercent, and for expenses incurred prior to April first, nineteen\nhundred ninety-six, the percentage shall be determined in accordance\nwith subparagraph (ii) of paragraph (a) of this subdivision.\n 2-a. (a) In addition to the assistance payable pursuant to\nsubdivisions one and two of this section, the state shall apportion and\npay during each state fiscal year commencing on or after April first,\nnineteen hundred ninety-six assistance to each political subdivision\nspecified in paragraph (a) of subdivision two of section thirty-nine of\nthe judiciary law in an amount equal to one hundred percent of the\nexpenses incurred by such political subdivision during the twelve-month\nperiod concluding September thirtieth of the preceding state fiscal year\nfor the administration and supervision, subject to rules of the chief\nadministrator of the courts, of a workfare program provided through the\ndepartment of social services to assist such political subdivision in\nthe cleaning and maintenance of court facilities it owns, operates or\notherwise provides for the transaction of business by the unified court\nsystem.\n (b) Notwithstanding any provision of paragraph (a) of this\nsubdivision, assistance shall not be paid to any political subdivision\nfor expenses incurred for the administration and supervision of a\nworkfare program if the assignment of workfare participants would result\nin (1) the displacement of any currently employed worker or loss of\nposition (including partial displacement such as a reduction in the\nhours of non-overtime work, wages, or employment benefits) or result in\nthe impairment of existing contracts for services or collective\nbargaining agreements; (2) the employment or assignment of a participant\nor the filling of a position when any other person is on layoff from the\nsame or any equivalent position or the employer has terminated the\nemployment of any regular employee or otherwise reduced its workforce\nwith the effect of filling the vacancy so created with a workfare\nparticipant; or (3) any infringement of the promotional opportunities of\nany currently employed person. The amount of assistance to which such\ncity or any of such counties is entitled during a state fiscal year\npursuant to paragraph (a) of this subdivision shall be reduced where,\nduring the twelve-month period concluding September thirtieth of the\npreceding state fiscal year, the expenses it paid for personnel services\nrelated to the operation and maintenance of court facilities it owned,\noperated or otherwise provided for the transaction of business by the\nunified court system ("current personnel expenses") were less than the\nexpenses it paid for such services during the twelve-month period\nconcluding September thirtieth, nineteen hundred ninety-four\n("base-level personnel expenses"). The amount of such reduction shall\nequal the difference between base-level personnel expenses and current\npersonnel expenses.\n (c) In no event may the amount of assistance received in a state\nfiscal year by a city or county pursuant to this subdivision exceed the\ngreater of twenty-five thousand dollars or one-third the amount of\nassistance received by such city or county in that same fiscal year\npursuant to subdivision two of this section.\n (d) Notwithstanding any other provision of law, a political\nsubdivision specified in paragraph (a) of subdivision two of section\nthirty-nine of the judiciary law shall give notice of intention to apply\nfor funds pursuant to this subdivision to and shall consult about the\nimplementation of the use of workfare participants with the employee\norganization representing the employees who clean and maintain the court\nfacilities to which the workfare participants will be assigned prior to\ntaking action to implement such plan or to receive such funds. The chief\nadministrative judge shall consult with the capital facilities review\nboard before approving any plan or dispersing funds to a political\nsubdivision pursuant to this subdivision.\n 3. Not later than December first in each year commencing with December\nfirst, nineteen hundred eighty-seven:\n (a) Each political subdivision entitled to state assistance under this\nsection shall submit to the chief administrator a statement that (i) if\nsubmitted on or before December first, nineteen hundred ninety-eight,\ndetails the expenses paid by such political subdivision during the\ntwelve-month period running from October first of the preceding year\nthrough September thirtieth immediately preceding the December first on\nwhich the statement is required to be submitted for the operation and\nmaintenance of court facilities it owns, operates or otherwise provides\nfor transaction of business by the courts and court-related agencies of\nthe unified court system; provided, however, that the statement\nsubmitted on or before December first, nineteen hundred eighty-seven\nshall detail only those expenses paid during the period from the\neffective date of this section through September thirtieth, nineteen\nhundred eighty-seven and the statement submitted during calendar year\nnineteen hundred ninety-eight shall detail only those expenses paid\nduring the period from October first, nineteen hundred ninety-seven\nthrough March thirty-first, nineteen hundred ninety-eight; and (ii) sets\nforth the interest on notes and bonds specified in subdivision one of\nthis section and the interest and principal on notes and bonds specified\nin subdivision one-a of this section payable during the immediately\nsucceeding state fiscal year and, as to notes and bonds specified in\nsubdivision one of this section, the interest thereon during each state\nfiscal year commencing on or after April first, nineteen hundred\nseventy-seven to and including the state fiscal year ending March\nthirty-first, nineteen hundred eighty-eight; and (iii) setting forth all\npayments by such political subdivision during the twelve-month period\nrunning from October first of the preceding year through September\nthirtieth immediately preceding the December first on which the\nstatement is required to be submitted on account of which such political\nsubdivision will be entitled to state assistance pursuant to\nsubparagraph (iii) of paragraph (a) of subdivision one-a of this section\nduring the fiscal year commencing next thereafter. As soon as possible\nfollowing submission of the statement required hereby, the chief\nadministrator shall certify to the accuracy of such statement and shall\ntransmit it to the state comptroller, the state budget director, the\nchair of the senate finance committee, and the chair of the assembly\nways and means committee.\n (b) Beginning December first, nineteen hundred eighty-eight, the state\ncomptroller shall compute and certify to the chief administrator, the\nstate budget director, the chairman of the senate finance committee, and\nthe chairman of the assembly ways and means committee, the percentage or\npercentages to be applied in determining the amount of any state\nassistance payable under this section to each political subdivision\nentitled thereto during the immediately succeeding state fiscal year;\nprovided, however, that the certificate made on or before December\nfirst, nineteen hundred eighty-seven by the commissioner of taxation and\nfinance shall also certify the percentage or percentages to be applied\nin determining the amount of state assistance payable under subdivision\none of this section for each state fiscal year commencing on or after\nApril first, nineteen hundred seventy-seven, to and including the state\nfiscal year ending on March thirty-first, nineteen hundred eighty-eight.\n 4. The state assistance apportioned under this section shall be\ndetermined by the chief administrator and paid out of the court\nfacilities incentive aid fund at the times and in the amounts set forth\nin section ninety-four of this chapter; provided that the amount to be\napportioned for a state fiscal year ending prior to April first,\nnineteen hundred eighty-eight shall be paid in equal installments\npayable over the ten state fiscal years next succeeding the state fiscal\nyear beginning April first, nineteen hundred eighty-seven.\nNotwithstanding the provisions hereof, the assistance payable pursuant\nto this section during a state fiscal year shall be limited to the\namount of moneys in the court facilities incentive aid fund during such\nstate fiscal year. In the event that the amount in the court facilities\nincentive aid fund during a state fiscal year is not sufficient to pay\nfully the amount apportioned during such fiscal year to each political\nsubdivision entitled thereto, each such political subdivision shall be\nentitled to receive only that portion of the moneys in the court\nfacilities incentive aid fund during the state fiscal year which has\nbeen credited to the account herein established for such political\nsubdivision in accordance with section ninety-four of this chapter.\n 5. When used in this section, unless otherwise expressly stated, the\nfollowing terms shall have the following meanings:\n (a) "Average taxing capacity" means for counties not within the city\nof New York an amount equal to the taxing capacities for all such\ncounties divided by the number of such counties, and for cities an\namount equal to the taxing capacity for all cities divided by the number\nof cities.\n (b) "Full value" means for each county and each city an amount equal\nto the total taxable assessed value of property on the most recently\ncompleted assessment roll as filed with the state comptroller divided by\nthe final state equalization rate established for such roll by the\ncommissioner of taxation and finance.\n (c) "Taxing capacity" means an amount equal to the full value of a\ncounty or a city divided by the population of such county or city.\n (d) "Operation and maintenance of court facilities" means the routine\ncare and upkeep of such facilities in a manner consistent with such\nstandards and policies relating to court facilities as may be\npromulgated pursuant to section twenty-eight of article six of the\nconstitution.\n (e) "Population" means the final population as shown on the most\nrecent decennial federal census as certified by the United States Bureau\nof Census.\n