NY Jud L § 39-B (2021)
2021 New York Laws JUD - Judiciary Article 2 - General Provisions Relating to Courts and Judges 39-B - 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.