2006 New York Code - Court Facilities Incentive Aid.

 
    §  54-j.  Court facilities incentive aid. 1. State assistance shall be
  apportioned and  paid  in  accordance  with  this  subdivision  to  each
  political  subdivision  of  the  state  specified  in  paragraph  (a) of
  subdivision two of section thirty-nine of the  judiciary  law  that  has
  entered  into  a  lease,  sublease or other agreement with the dormitory
  authority pursuant to section sixteen hundred  eighty-b  of  the  public
  authorities law or that after July first, nineteen hundred seventy-seven
  either  entered  into  a  lease,  sublease  or  other agreement with the
  dormitory authority pursuant to section sixteen hundred eighty-a of  the
  public  authorities  law  or  undertook  to  design, acquire, construct,
  reconstruct, rehabilitate or improve facilities for the  transaction  of
  business  by  the unified court system and issued notes or bonds to fund
  the cost thereof;  provided,  however,  that  no  political  subdivision
  issuing notes or bonds after the effective date of this section shall be
  entitled  to state assistance pursuant to this subdivision unless, prior
  to the issuance of such notes or bonds, the chief administrator  of  the
  courts  certifies  that  the  court facility or facilities in connection
  with which such notes or bonds are to be issued are consistent with  the
  capital  plan  approved  pursuant to section sixteen hundred eighty-c of
  the public  authorities  law.  The  amount  of  assistance  to  be  paid
  hereunder  during  each  state  fiscal year commencing on or after April
  first, nineteen hundred eighty-eight, shall be equal to (a) a percentage
  of the interest on notes and bonds of the dormitory authority issued  to
  provide   court  facilities,  as  defined  in  section  sixteen  hundred
  seventy-six of the public authorities law, included in  the  rentals  or
  other  payments  required to be made during such state fiscal year under
  each  such  lease,  sublease  or  other  agreement  with  the  dormitory
  authority  and  the  interest  on  such  notes and bonds included in the
  rentals or other payments required to be made during each of  the  state
  fiscal   years   commencing  prior  to  April  first,  nineteen  hundred
  eighty-eight under each such lease, sublease or other agreement with the
  dormitory authority and (b) a percentage of the  interest  on  notes  or
  bonds  issued  by  such political subdivision after July first, nineteen
  hundred seventy-seven in connection with facilities for the  transaction
  of  business  by  the unified court system, to be paid during such state
  fiscal year and the interest on  such  notes  and  bonds  paid  by  such
  political  subdivision  during each of the state fiscal years commencing
  prior to April first, nineteen hundred eighty-eight. The  percentage  of
  such interest shall be determined as follows: (i) if the taxing capacity
  of the political subdivision is not more than eighty-five percent of the
  average  taxing  capacity,  thirty-three  percent;  (ii)  if  the taxing
  capacity of the political subdivision is more than  eighty-five  percent
  and  not  more  than  ninety-one percent of the average taxing capacity,
  thirty-one percent; (iii)  if  the  taxing  capacity  of  the  political
  subdivision   is   more  than  ninety-one  percent  and  not  more  than
  ninety-nine percent of the average taxing capacity, twenty-nine percent;
  (iv) if the taxing capacity of the political subdivision  is  more  than
  ninety-nine  percent  and not more than one hundred seven percent of the
  average  taxing  capacity,  twenty-seven  percent;  (v)  if  the  taxing
  capacity  of  the  political  subdivision is more than one hundred seven
  percent and not more than one hundred fifteen  percent  of  the  average
  taxing  capacity, twenty-six percent; and (vi) if the taxing capacity of
  the political subdivision is more than one hundred  fifteen  percent  of
  the average taxing capacity, twenty-five percent.
    Notwithstanding  the  foregoing,  in the event the dormitory authority
  enters into an interest rate exchange  agreement  or  similar  agreement
  pursuant  to  sections  sixteen hundred eighty-b and twenty-nine hundred
  twenty-six of the public authorities law  with  respect  to  fixed  rate
  bonds,  the  amount  of state assistance payable in accordance with this
  subdivision on an annual basis shall not exceed the  amount  that  would
  have  been  payable without giving effect to such interest rate exchange
  agreement  or  similar  agreement;  provided  further,  that no payments
  payable on account of an interest rate  exchange  agreement  or  similar
  agreement,  other than the periodic floating rate payments to be made by
  or for the political subdivision resulting in a reduction in the  amount
  of  interests  payable  by  the  political  subdivision to the dormitory
  authority on account of the bonds or notes  issued  by  such  authority,
  shall  be  aidable  for purposes of state assistance payable pursuant to
  this subdivision.
    1-a. (a) Where a political subdivision specified in paragraph  (a)  of
  subdivision  two  of section thirty-nine of the judiciary law undertakes
  to design,  acquire,  lease,  construct,  reconstruct,  rehabilitate  or
  improve  facilities  for  the  transaction  of  business by an appellate
  division or, for such purpose, enters into a lease,  sublease  or  other
  agreement  with the dormitory authority pursuant to section one thousand
  six hundred eighty-b of  the  public  authorities  law,  such  political
  subdivision  shall  be  entitled  to state assistance, to be paid during
  each state fiscal year commencing on  or  after  April  first,  nineteen
  hundred  ninety-six,  equalling  one hundred percent of (i) the interest
  and principal on notes and bonds of the dormitory  authority  issued  to
  provide  facilities  for  the  transaction  of  business by an appellate
  division included in the rentals or other payments required to  be  made
  during  such  fiscal  year  under  each  such  lease,  sublease or other
  agreement with the dormitory authority, (ii) the interest and  principal
  on  notes  and  bonds  issued by the political subdivision in connection
  with  facilities  for  the  transaction  of  business  by  an  appellate
  division,  to  be paid during such fiscal year, and (iii) during a state
  fiscal year  commencing  on  or  after  April  first,  nineteen  hundred
  ninety-seven  the  amount paid by the political subdivision in such year
  for rentals in connection with any  lease  it  enters  into  to  provide
  facilities  for  the  transaction  of  business by an appellate division
  where the term of such lease commences on or after April first, nineteen
  hundred ninety-eight  plus  any  other  amount  paid  by  the  political
  subdivision   during   the  twelve  month  period  concluding  September
  thirtieth of the preceding state fiscal year to provide such facilities.
  For purposes of subparagraph (iii) hereof,  computation  of  the  amount
  referred  to  therein  shall  exclude  any  payments made by a political
  subdivision in consequence  of  which  such  political  subdivision  has
  received or will receive state assistance under subparagraph (i) or (ii)
  of this paragraph.
    (b)  Any  amount  to  which a political subdivision otherwise would be
  entitled during a state fiscal year pursuant to this  subdivision  shall
  be  reduced  by  the  amount of state assistance to which that political
  subdivision is entitled during that same fiscal year  under  subdivision
  one  of this section on account of interest on notes and bonds it issued
  or the dormitory authority issued in connection with facilities for  the
  transaction of business by an appellate division.
    (c)  Notwithstanding  any  provision  herein, no political subdivision
  issuing notes or bonds after the  effective  date  of  this  subdivision
  shall  be entitled to state assistance pursuant thereto unless, prior to
  the issuance of such notes or bonds,  the  chief  administrator  of  the
  courts  certifies  that  the  court facility or facilities in connection
  with which such notes or bonds are to be issued are consistent with  the
  capital  plan  approved  pursuant to section sixteen hundred eighty-c of
  the public authorities law.
    2.  (a)  (i)  In  addition  to  the  assistance  payable  pursuant  to
  subdivisions  one  and  one-a of this section, the state shall apportion
  and pay during each state fiscal  year  commencing  on  or  after  April
  first,  nineteen  hundred  eighty-eight, but not later than April first,
  nineteen  hundred  ninety-nine, assistance to each political subdivision
  specified in paragraph (a) of subdivision two of section thirty-nine  of
  the  judiciary  law  in  an amount equal to a percentage of the expenses
  paid by  such  political  subdivision  during  the  twelve-month  period
  concluding  September  thirtieth  of the preceding state fiscal year for
  the operation and maintenance of court  facilities  owned,  operated  or
  otherwise  provided by such political subdivision for the transaction of
  business by the unified court system, not including facilities  for  the
  transaction  of  business by an appellate division; except that: (A) the
  amount of assistance payable during the  state  fiscal  year  commencing
  April   first,  nineteen  hundred  eighty-eight  shall  be  equal  to  a
  percentage of such expenses paid by such  political  subdivision  during
  the  period  from  the  effective date of this section through September
  thirtieth,  nineteen  hundred  eighty-seven,  and  (B)  the  amount   of
  assistance  payable during the state fiscal year commencing April first,
  nineteen hundred ninety-nine shall be equal  to  a  percentage  of  such
  expenses  paid  by  such  political  subdivision  during the period from
  October first, nineteen hundred ninety-seven through March thirty-first,
  nineteen hundred ninety-eight.
    (ii) The percentage of  such  expenses  paid  for  the  operation  and
  maintenance  of  court facilities shall be determined as follows: (A) if
  the taxing capacity of  the  political  subdivision  is  not  more  than
  eighty-five percent of the average taxing capacity, twenty-five percent;
  (B)  if  the  taxing  capacity of the political subdivision is more than
  eighty-five percent and not more than ninety-one percent of the  average
  taxing  capacity,  twenty-two percent; (C) if the taxing capacity of the
  political subdivision is more than ninety-one percent and not more  than
  ninety-nine  percent  of  the average taxing capacity, nineteen percent;
  (D) if the taxing capacity of the political  subdivision  is  more  than
  ninety-nine  percent  and not more than one hundred seven percent of the
  average taxing capacity, sixteen percent; (E) if the taxing capacity  of
  the political subdivision is more than one hundred seven percent and not
  more  than  one  hundred fifteen percent of the average taxing capacity,
  thirteen percent; and (F)  if  the  taxing  capacity  of  the  political
  subdivision  is  more  than  one  hundred fifteen percent of the average
  taxing capacity, ten percent. For purposes  of  this  subdivision  only,
  effective   April  first,  nineteen  hundred  ninety-six,  the  expenses
  described herein shall not include any expenses for  the  administration
  and supervision of a workfare program, as specified in subdivision two-a
  of this section.
    (b)  (i)  The  state  shall apportion and pay during each state fiscal
  year commencing on or after April first, nineteen  hundred  ninety-eight
  assistance  to  each political subdivision specified in paragraph (a) of
  subdivision two of section thirty-nine of the judiciary law in an amount
  equal to one hundred percent of the  expenses  paid  by  such  political
  subdivision   during   the   twelve-month  period  concluding  September
  thirtieth of the preceding state  fiscal  year  for  the  operation  and
  maintenance of court facilities owned, operated or otherwise provided by
  such  political  subdivision  for  the  transaction  of  business  by an
  appellate division.
    (ii) During the state fiscal year  commencing  April  first,  nineteen
  hundred  ninety-seven,  the  state shall apportion and pay assistance to
  each political subdivision specified in paragraph (a) of subdivision two
  of section thirty-nine of the judiciary law in  an  amount  equal  to  a
  percentage of the expenses paid by such political subdivision during the
  twelve-month  period  concluding  September  thirtieth, nineteen hundred
  ninety-six for the operation and maintenance of court facilities  owned,
  operated  or  otherwise  provided  by such political subdivision for the
  transaction of business by an appellate division. The percentage  to  be
  applied  to  expenses  incurred  between  April  first, nineteen hundred
  ninety-six and September thirtieth next thereafter shall be one  hundred
  percent,  and  for  expenses  incurred  prior  to  April first, nineteen
  hundred ninety-six, the percentage shall  be  determined  in  accordance
  with subparagraph (ii) of paragraph (a) of this subdivision.
    2-a.   (a)   In   addition  to  the  assistance  payable  pursuant  to
  subdivisions one and two of this section, the state shall apportion  and
  pay  during  each  state fiscal year commencing on or after April first,
  nineteen hundred ninety-six assistance  to  each  political  subdivision
  specified  in paragraph (a) of subdivision two of section thirty-nine of
  the judiciary law in an amount equal  to  one  hundred  percent  of  the
  expenses  incurred by such political subdivision during the twelve-month
  period concluding September thirtieth of the preceding state fiscal year
  for the administration and supervision, subject to rules  of  the  chief
  administrator  of the courts, of a workfare program provided through the
  department of social services to assist such  political  subdivision  in
  the  cleaning  and  maintenance of court facilities it owns, operates or
  otherwise provides for the transaction of business by the unified  court
  system.
    (b)   Notwithstanding   any   provision   of  paragraph  (a)  of  this
  subdivision, assistance shall not be paid to any  political  subdivision
  for  expenses  incurred  for  the  administration  and  supervision of a
  workfare program if the assignment of workfare participants would result
  in (1) the displacement of any currently  employed  worker  or  loss  of
  position  (including  partial  displacement  such  as a reduction in the
  hours of non-overtime work, wages, or employment benefits) or result  in
  the   impairment  of  existing  contracts  for  services  or  collective
  bargaining agreements; (2) the employment or assignment of a participant
  or the filling of a position when any other person is on layoff from the
  same or any equivalent position  or  the  employer  has  terminated  the
  employment  of  any  regular employee or otherwise reduced its workforce
  with the effect of filling  the  vacancy  so  created  with  a  workfare
  participant; or (3) any infringement of the promotional opportunities of
  any  currently  employed  person. The amount of assistance to which such
  city or any of such counties is entitled  during  a  state  fiscal  year
  pursuant  to  paragraph  (a) of this subdivision shall be reduced where,
  during the twelve-month period concluding  September  thirtieth  of  the
  preceding state fiscal year, the expenses it paid for personnel services
  related  to  the operation and maintenance of court facilities it owned,
  operated or otherwise provided for the transaction of  business  by  the
  unified  court  system ("current personnel expenses") were less than the
  expenses it paid  for  such  services  during  the  twelve-month  period
  concluding    September    thirtieth,   nineteen   hundred   ninety-four
  ("base-level personnel expenses"). The amount of  such  reduction  shall
  equal  the  difference between base-level personnel expenses and current
  personnel expenses.
    (c) In no event may the amount  of  assistance  received  in  a  state
  fiscal  year by a city or county pursuant to this subdivision exceed the
  greater of twenty-five thousand  dollars  or  one-third  the  amount  of
  assistance  received  by  such  city  or county in that same fiscal year
  pursuant to subdivision two of this section.
    (d)  Notwithstanding  any  other  provision  of   law,   a   political
  subdivision  specified  in  paragraph  (a) of subdivision two of section
  thirty-nine of the judiciary law shall give notice of intention to apply
  for funds pursuant to this subdivision to and shall  consult  about  the
  implementation  of  the  use  of workfare participants with the employee
  organization representing the employees who clean and maintain the court
  facilities  to which the workfare participants will be assigned prior to
  taking action to implement such plan or to receive such funds. The chief
  administrative judge shall consult with the  capital  facilities  review
  board  before  approving  any  plan  or  dispersing funds to a political
  subdivision pursuant to this subdivision.
    3. Not later than December first in each year commencing with December
  first, nineteen hundred eighty-seven:
    (a) Each political subdivision entitled to state assistance under this
  section shall submit to the chief administrator a statement that (i)  if
  submitted  on  or  before December first, nineteen hundred ninety-eight,
  details the expenses paid  by  such  political  subdivision  during  the
  twelve-month  period  running  from  October first of the preceding year
  through September thirtieth immediately preceding the December first  on
  which  the  statement  is required to be submitted for the operation and
  maintenance of court facilities it owns, operates or otherwise  provides
  for  transaction of business by the courts and court-related agencies of
  the  unified  court  system;  provided,  however,  that  the   statement
  submitted  on  or  before  December first, nineteen hundred eighty-seven
  shall detail only  those  expenses  paid  during  the  period  from  the
  effective  date  of  this  section through September thirtieth, nineteen
  hundred eighty-seven and the statement submitted  during  calendar  year
  nineteen  hundred  ninety-eight  shall  detail  only those expenses paid
  during the period from  October  first,  nineteen  hundred  ninety-seven
  through March thirty-first, nineteen hundred ninety-eight; and (ii) sets
  forth  the  interest  on notes and bonds specified in subdivision one of
  this section and the interest and principal on notes and bonds specified
  in subdivision one-a of this  section  payable  during  the  immediately
  succeeding  state  fiscal  year  and, as to notes and bonds specified in
  subdivision one of this section, the interest thereon during each  state
  fiscal  year  commencing  on  or  after  April  first,  nineteen hundred
  seventy-seven to and  including  the  state  fiscal  year  ending  March
  thirty-first, nineteen hundred eighty-eight; and (iii) setting forth all
  payments  by  such  political subdivision during the twelve-month period
  running from October first  of  the  preceding  year  through  September
  thirtieth   immediately  preceding  the  December  first  on  which  the
  statement is required to be submitted on account of which such political
  subdivision  will  be  entitled  to   state   assistance   pursuant   to
  subparagraph (iii) of paragraph (a) of subdivision one-a of this section
  during  the  fiscal year commencing next thereafter. As soon as possible
  following  submission  of  the  statement  required  hereby,  the  chief
  administrator  shall certify to the accuracy of such statement and shall
  transmit it to the state comptroller, the  state  budget  director,  the
  chair  of  the  senate  finance committee, and the chair of the assembly
  ways and means committee.
    (b) Beginning December first, nineteen hundred eighty-eight, the state
  comptroller shall compute and certify to the  chief  administrator,  the
  state budget director, the chairman of the senate finance committee, and
  the chairman of the assembly ways and means committee, the percentage or
  percentages  to  be  applied  in  determining  the  amount  of any state
  assistance payable under this  section  to  each  political  subdivision
  entitled  thereto  during  the immediately succeeding state fiscal year;
  provided, however, that the  certificate  made  on  or  before  December
  first, nineteen hundred eighty-seven by the state board of real property
  services  shall also certify the percentage or percentages to be applied
  in determining the amount of state assistance payable under  subdivision
  one  of  this  section for each state fiscal year commencing on or after
  April first, nineteen hundred seventy-seven, to and including the  state
  fiscal year ending on March thirty-first, nineteen hundred eighty-eight.
    4.  The  state  assistance  apportioned  under  this  section shall be
  determined by  the  chief  administrator  and  paid  out  of  the  court
  facilities  incentive aid fund at the times and in the amounts set forth
  in section ninety-four of this chapter; provided that the amount  to  be
  apportioned  for  a  state  fiscal  year  ending  prior  to April first,
  nineteen hundred  eighty-eight  shall  be  paid  in  equal  installments
  payable over the ten state fiscal years next succeeding the state fiscal
  year    beginning    April   first,   nineteen   hundred   eighty-seven.
  Notwithstanding the provisions hereof, the assistance  payable  pursuant
  to  this  section  during  a  state  fiscal year shall be limited to the
  amount of moneys in the court facilities incentive aid fund during  such
  state  fiscal year. In the event that the amount in the court facilities
  incentive aid fund during a state fiscal year is not sufficient  to  pay
  fully  the  amount apportioned during such fiscal year to each political
  subdivision entitled thereto, each such political subdivision  shall  be
  entitled  to  receive  only  that  portion  of  the  moneys in the court
  facilities incentive aid fund during the state  fiscal  year  which  has
  been  credited  to  the  account  herein  established for such political
  subdivision in accordance with section ninety-four of this chapter.
    5. When used in this section, unless otherwise expressly  stated,  the
  following terms shall have the following meanings:
    (a)  "Average  taxing capacity" means for counties not within the city
  of New York an amount equal  to  the  taxing  capacities  for  all  such
  counties  divided  by  the  number  of  such counties, and for cities an
  amount equal to the taxing capacity for all cities divided by the number
  of cities.
    (b) "Full value" means for each county and each city an  amount  equal
  to  the  total  taxable  assessed value of property on the most recently
  completed assessment roll as filed with the state comptroller divided by
  the final state equalization rate established for such roll by the state
  board of real property services.
    (c) "Taxing capacity" means an amount equal to the  full  value  of  a
  county or a city divided by the population of such county or city.
    (d)  "Operation and maintenance of court facilities" means the routine
  care and upkeep of such facilities in  a  manner  consistent  with  such
  standards   and   policies  relating  to  court  facilities  as  may  be
  promulgated pursuant to section  twenty-eight  of  article  six  of  the
  constitution.
    (e)  "Population"  means  the  final  population  as shown on the most
  recent decennial federal census as certified by the United States Bureau
  of Census.