2023 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.