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 ratebonds, 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 politicalsubdivision 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-eightassistance 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 theexpenses 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, thechair 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 state board of real property services 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 state board of real property services. (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.