Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 39-B
Special provisions relating to court facilities
Judiciary (JUD) CHAPTER 30, ARTICLE 2
§ 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.