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This entry was published on 2014-09-22
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SECTION 2350-E
Governmental capacity of the agency and the county
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 16
§ 2350-e. Governmental capacity of the agency and the county. The
agency and the county, in carrying out their respective powers and
duties under this title, shall be deemed to be acting in a governmental
capacity and in the performance of an essential governmental function.

The John P. Cohalen court complex when held by the agency and either
leased to the county, used for judicial purposes by the county or the
state or any state agency or the subject of a service agreement between
the agency and the county shall continue to be regarded as being used in
the performance of an essential governmental function. For purposes of
the judiciary law, or any successor thereto or similar law providing for
the payment by the state of aid for the construction and, or, operation
and maintenance of facilities for occupancy by the judiciary of the
state, including personal functions ancillary thereto, the agency shall
be considered a political subdivision of the state and shall be eligible
to receive all state aid for the John P. Cohalen court complex to the
same extent as the county.

The new replacement correctional facility at Yaphank, when held by the
agency and either leased to the county, used for correctional purposes
by the county or the state or any state agency, or the subject of a
service agreement between the agency and the county shall continue to be
regarded as being used in the performance of an essential governmental
function. For purposes of the correction law, or any successor thereto
or similar law providing for the payment by the state of aid for the
construction and, or, operation and maintenance of facilities for
correctional purposes, including personnel functions ancillary thereto,
the agency shall be considered a political subdivision of the state and
shall be eligible to receive all state aid for the new replacement
correctional facility at Yaphank to the same extent as the county.

The H. Lee Dennison building and the North County Complex, when held
by the agency and either leased to the county, used for governmental
purposes by the county or the state or any state agency, or the subject
of a service agreement between the agency and the county shall continue
to be regarded as being used in the performance of an essential
governmental function. For purposes of any general or special law
providing for the payment by the state of aid for the construction and,
or, operation and maintenance of facilities for governmental purposes,
including personnel functions ancillary thereto, the agency shall be
considered a political subdivision of the state and shall be eligible to
receive all state aid for the H. Lee Dennison building and the North
County Complex to the same extent as the county.