§ 94 — Court facilities incentive aid fund

§ 94. Court facilities incentive aid fund. 1. There is hereby\nestablished in the joint custody of the state comptroller and the\ncommissioner of taxation and finance a fund to be known as the "court\nfacilities incentive aid fund."\n Within such fund there is hereby established a special account for\neach political subdivision of the state to which state assistance is\napportioned and payable pursuant to section fifty-four-j of this\nchapter.\n 2. (a) Such fund shall consist of the moneys transferred to the\naccount by the comptroller pursuant to subdivision four of this section\nand pursuant to paragraph (c) of subdivision three of section\nthirty-nine-b of the judiciary law. Each account in the court facilities\nincentive aid fund established for a political subdivision shall be\ncredited with a portion of the moneys in the fund, which portion shall\nbe equal to the amount the assistance apportioned during the then\ncurrent state fiscal year to the political subdivision pursuant to\nsection fifty-four-j of this chapter bears to the total of such\nassistance apportioned during such state fiscal year to all political\nsubdivisions entitled to such assistance during such state fiscal year;\nprovided, however, that no account established for a political\nsubdivision shall be credited with an amount greater than the amount of\nassistance apportioned to such political subdivision pursuant to section\nfifty-four-j of this chapter. Moneys in the fund in excess of the\namount credited to the accounts established for political subdivisions\nshall be retained in the fund for application for the purposes of the\nfund during subsequent state fiscal years. The moneys in the fund and\neach account therein shall be appropriated for payment of state\nassistance apportioned and payable pursuant to section fifty-four-j of\nthis chapter to the political subdivisions entitled thereto, for payment\nto the dormitory authority pursuant to subdivision three of this section\nand section sixteen hundred eighty-b of the public authorities law, and\nfor payment by the judiciary of costs and expenses required by section\nthirty-nine-b of the judiciary law.\n (b) Notwithstanding the foregoing, moneys in the fund in excess of the\namount credited to the accounts established for political subdivisions\npursuant to paragraph (a) of this subdivision shall be (1) transferred\nby the state comptroller to the general debt service fund for payment of\nthe judiciary's expenses in relation to the New York state judicial\ninstitute as provided in the agreement specified in subdivision two of\nsection two hundred nineteen-a of the judiciary law provided, however,\nthat such transfer shall not exceed amounts actually paid for such\nexpenses; and (2) available, subject to appropriation, for payments by\nthe judiciary for operation and maintenance expenses related to the New\nYork state judicial institute.\n 3. The moneys in each account within the court facilities incentive\naid fund established for a political subdivision shall be paid to the\npolitical subdivision for which such account was established on or\nwithin thirty days after the first day of May, August, November and\nFebruary of each state fiscal year; provided, however, that the amount\nof each such payment shall not exceed twenty-five percent of the\nassistance apportioned to such political subdivision pursuant to section\nfifty-four-j of this chapter; and, provided, further, that no payment\nshall be made to a political subdivision if, prior to such payment, the\nchairman or another officer of the dormitory authority has certified to\nthe comptroller pursuant to section sixteen hundred eighty-b of the\npublic authorities law that such political subdivision has failed to pay\nall or part of the rentals or other payments to be made under any lease,\nsublease or other agreement with the dormitory authority, and the amount\nset forth in such certificate remains unpaid by such political\nsubdivision or from moneys deducted by the comptroller in accordance\nwith section sixteen hundred eighty-b of the public authorities law from\nmoneys apportioned to such political subdivision. Upon receipt of a\ncertificate of the chairman or another officer of the dormitory\nauthority made in accordance with section sixteen hundred eighty-b of\nthe public authorities law, the comptroller shall pay to the dormitory\nauthority the moneys from time to time credited to the account in the\ncourt facilities incentive aid fund established for such political\nsubdivision and deduct such amount from the assistance apportioned and\npayable to such political subdivision and the assistance payable to such\npolitical subdivision from the fund shall be reduced by the amount\ndeducted notwithstanding the amount appropriated and apportioned by the\nstate to such political subdivision, and the state shall not be\nobligated to make, and the political subdivision shall not be entitled\nto receive, any additional apportionment or payment of such assistance.\n 4. On or before April twentieth in each year, commencing with April\ntwentieth, nineteen hundred ninety-one, the chief administrator shall\ndetermine and certify to the comptroller the difference between: (a) the\naggregate receipts derived by the state from the fees specified in\nparagraph (e) of subdivision two of section thirty-nine of the judiciary\nlaw during the fiscal year ending the preceding March thirty-first plus\nall interest paid to the commissioner of taxation and finance during\nsuch fiscal year pursuant to section one hundred eighty-two of this\nchapter, and (b) the aggregate receipts derived by the state from the\nfees specified in paragraph (e) of subdivision two of section\nthirty-nine of the judiciary law during the state fiscal year commencing\nApril first, nineteen hundred eighty-six. One-half of the amount of such\ndifference shall thereupon be transferred by the comptroller from the\ngeneral fund to the court facilities incentive aid fund.\n 5. All payments of moneys from the court facilities incentive aid fund\nshall be made on the audit and warrant of the comptroller on vouchers\ncertified or approved by the chief administrator of the courts.\n 6. On or before April thirtieth of each fiscal year, the comptroller\nshall certify to the director of the budget and the chief administrator,\nwith copies of such certification filed with the chairmen of the senate\nfinance committee and the assembly ways and means committee, the amount\nof moneys transferred from the court facilities incentive aid fund to\nthe general fund in the previous fiscal year, as well as the total\namount of moneys transferred from the court facilities incentive aid\nfund to the general fund from the date of the establishment of the court\nfacilities incentive aid fund to the present, and the total, if any, of\nmoneys transferred from the general fund to the court facilities\nincentive aid fund in all previous years pursuant to the court\nfacilities incentive aid fund guarantee set forth in this subdivision.\n If in any fiscal year, moneys in the court facilities incentive aid\nfund are insufficient to meet vouchers presented for payment charged to\nappropriations made pursuant to this section, or for transfers made\npursuant to paragraph (b) of subdivision two of this section for payment\nof the judiciary's expenses in relation to the New York state judicial\ninstitute, as authorized pursuant to chapter six hundred thirteen of the\nlaws of nineteen hundred ninety-nine, because of transfers to the\ngeneral fund as certified by the state comptroller pursuant to this\nsubdivision, the comptroller shall transfer from the general fund to the\ncourt facilities incentive aid fund sufficient moneys to meet the\nvouchers or transfers. Such a transfer shall be made only upon\ncertification of need by the chief administrator of the courts with the\napproval of the state comptroller, with copies of such certification\nfiled with the chairmen of the senate finance committee, the assembly\nways and means committee and the director of the budget. In no case\nshall such transfers exceed the aggregate amount certified by the\ncomptroller in such fiscal year as having been previously transferred\nfrom the court facilities incentive aid fund less the aggregate amount\ncertified by the comptroller in such fiscal year as having been\npreviously transferred to the court facilities incentive aid fund\npursuant to this subdivision.\n