NY State Fin L § 94 (2021)
2021 New York Laws STF - State Finance Article 6 - Funds of the State 94 - Court Facilities Incentive Aid Fund.

§  94.  Court  facilities  incentive  aid  fund.  1.  There  is hereby established in the joint  custody  of  the  state  comptroller  and  the commissioner  of  taxation  and finance a fund to be known as the "court facilities incentive aid fund."   Within such fund there is hereby established  a  special  account  for each  political  subdivision  of  the state to which state assistance is apportioned  and  payable  pursuant  to  section  fifty-four-j  of  this chapter.   2.  (a)  Such  fund  shall  consist  of  the moneys transferred to the account by the comptroller pursuant to subdivision four of this  section and   pursuant   to  paragraph  (c)  of  subdivision  three  of  section thirty-nine-b of the judiciary law. Each account in the court facilities incentive aid fund established for  a  political  subdivision  shall  be credited  with  a portion of the moneys in the fund, which portion shall be equal to the  amount  the  assistance  apportioned  during  the  then current  state  fiscal  year  to  the  political subdivision pursuant to section fifty-four-j  of  this  chapter  bears  to  the  total  of  such assistance  apportioned  during  such state fiscal year to all political subdivisions entitled to such assistance during such state fiscal  year; provided,   however,   that  no  account  established  for  a  political subdivision shall be credited with an amount greater than the amount  of assistance apportioned to such political subdivision pursuant to section fifty-four-j  of  this  chapter.    Moneys  in the fund in excess of the amount credited to the accounts established for  political  subdivisions shall  be  retained  in the fund for application for the purposes of the fund during subsequent state fiscal years. The moneys in  the  fund  and each  account  therein  shall  be  appropriated  for  payment  of  state assistance apportioned and payable pursuant to section  fifty-four-j  of this chapter to the political subdivisions entitled thereto, for payment to the dormitory authority pursuant to subdivision three of this section and  section sixteen hundred eighty-b of the public authorities law, and for payment by the judiciary of costs and expenses required  by  section thirty-nine-b of the judiciary law.  (b) Notwithstanding the foregoing, moneys in the fund in excess of the amount  credited  to the accounts established for political subdivisions pursuant to paragraph (a) of this subdivision shall be  (1)  transferred by the state comptroller to the general debt service fund for payment of the  judiciary's  expenses  in  relation  to the New York state judicial institute as provided in the agreement specified in subdivision  two  of section  two  hundred nineteen-a of the judiciary law provided, however, that such transfer shall not  exceed  amounts  actually  paid  for  such expenses;  and  (2) available, subject to appropriation, for payments by the judiciary for operation and maintenance expenses related to the  New York state judicial institute.   3.  The  moneys  in each account within the court facilities incentive aid fund established for a political subdivision shall be  paid  to  the political  subdivision  for  which  such  account  was established on or within thirty days after the first day  of  May,  August,  November  and February  of  each state fiscal year; provided, however, that the amount of each such  payment  shall  not  exceed  twenty-five  percent  of  the assistance apportioned to such political subdivision pursuant to section fifty-four-j  of  this  chapter; and, provided, further, that no payment shall be made to a political subdivision if, prior to such payment,  the chairman  or another officer of the dormitory authority has certified to the comptroller pursuant to section  sixteen  hundred  eighty-b  of  the public authorities law that such political subdivision has failed to pay all or part of the rentals or other payments to be made under any lease, sublease or other agreement with the dormitory authority, and the amount  set   forth  in  such  certificate  remains  unpaid  by  such  political subdivision or from moneys deducted by  the  comptroller  in  accordance with section sixteen hundred eighty-b of the public authorities law from moneys  apportioned  to  such  political  subdivision. Upon receipt of a certificate  of  the  chairman  or  another  officer  of  the  dormitory authority  made  in  accordance with section sixteen hundred eighty-b of the public authorities law, the comptroller shall pay to  the  dormitory authority  the  moneys  from time to time credited to the account in the court facilities incentive  aid  fund  established  for  such  political subdivision  and  deduct such amount from the assistance apportioned and payable to such political subdivision and the assistance payable to such political subdivision from the fund  shall  be  reduced  by  the  amount deducted  notwithstanding the amount appropriated and apportioned by the state to  such  political  subdivision,  and  the  state  shall  not  be obligated  to  make, and the political subdivision shall not be entitled to receive, any additional apportionment or payment of such assistance.   4. On or before April twentieth in each year,  commencing  with  April twentieth,  nineteen  hundred  ninety-one, the chief administrator shall determine and certify to the comptroller the difference between: (a) the aggregate receipts derived by the  state  from  the  fees  specified  in paragraph (e) of subdivision two of section thirty-nine of the judiciary law  during the fiscal year ending the preceding March thirty-first plus all interest paid to the commissioner of  taxation  and  finance  during such  fiscal  year  pursuant  to  section one hundred eighty-two of this chapter, and (b) the aggregate receipts derived by the  state  from  the fees   specified   in  paragraph  (e)  of  subdivision  two  of  section thirty-nine of the judiciary law during the state fiscal year commencing April first, nineteen hundred eighty-six. One-half of the amount of such difference shall thereupon be transferred by the  comptroller  from  the general fund to the court facilities incentive aid fund.   5. All payments of moneys from the court facilities incentive aid fund shall  be  made  on the audit and warrant of the comptroller on vouchers certified or approved by the chief administrator of the courts.   6. On or before April thirtieth of each fiscal year,  the  comptroller shall certify to the director of the budget and the chief administrator, with  copies of such certification filed with the chairmen of the senate finance committee and the assembly ways and means committee, the  amount of  moneys  transferred  from the court facilities incentive aid fund to the general fund in the previous fiscal  year,  as  well  as  the  total amount  of  moneys  transferred  from the court facilities incentive aid fund to the general fund from the date of the establishment of the court facilities incentive aid fund to the present, and the total, if any,  of moneys  transferred  from  the  general  fund  to  the  court facilities incentive  aid  fund  in  all  previous  years  pursuant  to  the  court facilities incentive aid fund guarantee set forth in this subdivision.   If  in  any  fiscal year, moneys in the court facilities incentive aid fund are insufficient to meet vouchers presented for payment charged  to appropriations  made  pursuant  to  this  section, or for transfers made pursuant to paragraph (b) of subdivision two of this section for payment of the judiciary's expenses in relation to the New York  state  judicial institute, as authorized pursuant to chapter six hundred thirteen of the laws  of  nineteen  hundred  ninety-nine,  because  of  transfers to the general fund as certified by the  state  comptroller  pursuant  to  this subdivision, the comptroller shall transfer from the general fund to the court  facilities  incentive  aid  fund  sufficient  moneys  to meet the vouchers  or  transfers.  Such  a  transfer  shall  be  made  only  upon certification  of need by the chief administrator of the courts with the approval of the state comptroller, with  copies  of  such  certification  filed  with  the  chairmen of the senate finance committee, the assembly ways and means committee and the director of  the  budget.  In  no  case shall  such  transfers  exceed  the  aggregate  amount  certified by the comptroller  in  such  fiscal year as having been previously transferred from the court facilities incentive aid fund less the  aggregate  amount certified  by  the  comptroller  in  such  fiscal  year  as  having been previously transferred  to  the  court  facilities  incentive  aid  fund pursuant to this subdivision.