NY State Fin L § 54-J (2021)
2021 New York Laws STF - State Finance Article 4-A - State Assistance to Local Government 54-J - 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 to serve as chambers for a resident judge of  the  court  of appeals  pursuant  to section two hundred eighteen of the county law or, for either of such purposes, 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, equaling 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  or  to  serve as chambers for a resident judge of the court of appeals 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 or to serve as chambers for a resident judge of the court of appeals, 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 or to serve as chambers for a resident judge of the court of appeals  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  this paragraph,  the  provision  of  facilities  to  serve  as chambers for a resident judge of the court of appeals shall include all furnishings and other  items  or  services  supplied  by  a  political  subdivision   in connection  therewith  pursuant  to  section two hundred eighteen of the county law. For  purposes  of  subparagraph  (iii)  of  this  paragraph, 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. Notwithstanding any contrary provision  of this paragraph, no political subdivision shall be eligible to receive state assistance hereunder in relation to  the  provision  of chambers  for  a  resident  judge  of  the court of appeals in any state fiscal year beginning prior to April first, two thousand seven.  (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 commissioner of taxation and finance 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 commissioner of taxation and finance.  (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.