2023 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.