New York Laws
Article 4-A - State Assistance to Local Government
54-J - Court Facilities Incentive Aid.

(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.