2006 New York Code - Special Provisions Relating To Court Facilities

 
    §  39-b.  Special  provisions  relating  to  court  facilities. 1. For
  purposes of this section:
    (a)  the  term  "court  facilities"  shall  mean  facilities  for  the
  transaction  of  business  by  the  state-paid  courts and court-related
  agencies of the unified court system and the  judicial  and  nonjudicial
  personnel thereof, including rooms and accommodations for the courts and
  court-related agencies of the unified court system, the judges, justices
  and the clerical, administrative and other personnel thereof.
    (b)  the term "cleaning of court facilities" shall mean those services
  and activities that are necessary to insure that the  interior  of  each
  court facility is and remains a clean and healthful environment in which
  to transact the business of the unified court system. These services and
  activities include, but are not limited to: removal of trash and debris;
  maintenance of appropriate standards of hygiene; painting; pest control;
  and  replacement  of  consumable items such as light bulbs, soap, toilet
  paper and paper towelling. They also shall include the making  of  minor
  repairs in accordance with rules of the chief judge.
    (c)  the term "political subdivision" shall include each county of the
  state outside the city of New York and each city of the state.
    2. Commencing April first, nineteen hundred  ninety-eight,  the  state
  shall  be  responsible for the cleaning of court facilities and, subject
  to the provisions of paragraphs (b) and (c) of subdivision three of this
  section, shall pay the cost thereof out of funds appropriated  from  the
  court facilities incentive aid fund to the judiciary for that purpose.
    3.  (a)  Notwithstanding  any  provision herein, the state shall enter
  into a contract with a political  subdivision  pursuant  to  which  such
  political subdivision shall provide for the cleaning of court facilities
  located  therein except that, where any such political subdivision shall
  fail  to  comply  with  the  provisions  of  such  contract,  the  chief
  administrator  may  proceed  pursuant  to  an  alternative  plan for the
  cleaning of court  facilities  located  in  such  political  subdivision
  subject to the approval of such alternative plan by the court facilities
  capital  review  board in the same manner as the approval of the capital
  plan of a political subdivision  pursuant  to  section  sixteen  hundred
  eighty-c of the public authorities law.
    (b)  Any  contract  with  a  political subdivision entered pursuant to
  paragraph (a) of this subdivision for the cleaning of  court  facilities
  in that political subdivision during a fiscal year ending prior to April
  first,  two  thousand  one  shall provide that the political subdivision
  shall pay the cost of such cleaning in the first instance and  that  the
  state  shall reimburse the political subdivision from funds appropriated
  from the court facilities incentive aid fund  an  amount  equaling:  (i)
  twenty-five  percent  of all expenses the political subdivision actually
  and necessarily incurred in compliance with this paragraph if the fiscal
  year commenced April first, nineteen hundred  ninety-eight,  (ii)  fifty
  percent   of   all  expenses  the  political  subdivision  actually  and
  necessarily incurred in compliance with this  paragraph  if  the  fiscal
  year  commenced  April  first,  nineteen  hundred ninety-nine, and (iii)
  seventy-five percent of all expenses the political subdivision  actually
  and necessarily incurred in compliance with this paragraph if the fiscal
  year commenced April first, two thousand.
    (c)  Where a political subdivision shall fail to enter into a contract
  pursuant to paragraph (a) of this subdivision for the cleaning of  court
  facilities  in  that  political  subdivision during a fiscal year ending
  prior to April first, two thousand one or to comply with  provisions  of
  such  a contract once entered into, and the chief administrator proceeds
  pursuant to an alternative plan pursuant to such  paragraph,  the  chief
  administrator  shall  certify  that  fact  to the state comptroller, the
  director of the budget, the chair of the senate  finance  committee  and
  the  chair of the assembly ways and means committee, along with the cost
  of such alternative plan to the state in such  fiscal  year.    In  such
  event,  the  political  subdivision  shall  be required to reimburse the
  state for a percentage of such cost as follows:
    (i) in the  fiscal  year  commencing  April  first,  nineteen  hundred
  ninety-eight, seventy-five percent;
    (ii)  in  the  fiscal  year  commencing  April first, nineteen hundred
  ninety-nine, fifty percent; and
    (iii) in  the  fiscal  year  commencing  April  first,  two  thousand,
  twenty-five percent.
  Effective  for  each  fiscal  year  in  which a political subdivision is
  required to reimburse the state pursuant to this  paragraph,  the  state
  comptroller  shall: (i) deduct from any moneys payable to such political
  subdivision  from  the  local  assistance  fund  the  amount   of   such
  reimbursement,  and  (ii) transfer the amount of such deduction from the
  local assistance fund to the court facilities incentive aid fund.
    4. Notwithstanding the provisions of subdivisions  two  and  three  of
  this  section,  where,  for  a  state fiscal year commencing on or after
  April first, nineteen  hundred  ninety-eight,  a  political  subdivision
  demonstrates  to  the  chief  administrator that its net liability under
  this section on account of expenses incurred pursuant  to  this  section
  for  its  court facilities during that state fiscal year is greater than
  the difference between: (i) the amount of those expenses  and  (ii)  the
  amount of state assistance to which the political subdivision would have
  been  entitled,  on  account  of  expenses paid during such fiscal year,
  pursuant to the provisions  of  paragraph  (a)  of  subdivision  two  of
  section  fifty-four-j  of  the  state  finance  law  in  effect prior to
  enactment of chapter six hundred eighty-six  of  the  laws  of  nineteen
  hundred  ninety-six  had  such  provisions remained in effect, then, for
  that fiscal year, the amount of reimbursement the political  subdivision
  is  owed  by the state shall be increased or the amount of reimbursement
  it owes the state shall  be  decreased,  as  appropriate,  so  that  the
  political  subdivision's net liability under this section for the fiscal
  year equals  such  difference.  For  purposes  of  this  subdivision,  a
  political  subdivision's  net  liability  under this section for a state
  fiscal year shall equal: (i) the difference between the  amount  of  the
  expenses  for court facilities in such political subdivision incurred by
  the state pursuant to this section and the amount of reimbursement  owed
  the  state therefor by the political subdivision in such fiscal year, if
  paragraph (c) of subdivision three of this section applies, or (ii)  the
  amount  of  reimbursement owed by the state to the political subdivision
  in such fiscal year pursuant to paragraph (b) of  subdivision  three  of
  this section, if such paragraph (b) applies.