§ 94. Court facilities incentive aid fund. 1. There is hereby
established in the joint custody of the state comptroller and the
commissioner of taxation and finance a fund to be known as the "court
facilities incentive aid fund."

Within such fund there is hereby established a special account for
each political subdivision of the state to which state assistance is
apportioned and payable pursuant to section fifty-four-j of this
chapter.

2. (a) Such fund shall consist of the moneys transferred to the
account by the comptroller pursuant to subdivision four of this section
and pursuant to paragraph (c) of subdivision three of section
thirty-nine-b of the judiciary law. Each account in the court facilities
incentive aid fund established for a political subdivision shall be
credited with a portion of the moneys in the fund, which portion shall
be equal to the amount the assistance apportioned during the then
current state fiscal year to the political subdivision pursuant to
section fifty-four-j of this chapter bears to the total of such
assistance apportioned during such state fiscal year to all political
subdivisions entitled to such assistance during such state fiscal year;
provided, however, that no account established for a political
subdivision shall be credited with an amount greater than the amount of
assistance apportioned to such political subdivision pursuant to section
fifty-four-j of this chapter. Moneys in the fund in excess of the
amount credited to the accounts established for political subdivisions
shall be retained in the fund for application for the purposes of the
fund during subsequent state fiscal years. The moneys in the fund and
each account therein shall be appropriated for payment of state
assistance apportioned and payable pursuant to section fifty-four-j of
this chapter to the political subdivisions entitled thereto, for payment
to the dormitory authority pursuant to subdivision three of this section
and section sixteen hundred eighty-b of the public authorities law, and
for payment by the judiciary of costs and expenses required by section
thirty-nine-b of the judiciary law.

(b) Notwithstanding the foregoing, moneys in the fund in excess of the
amount credited to the accounts established for political subdivisions
pursuant to paragraph (a) of this subdivision shall be (1) transferred
by the state comptroller to the general debt service fund for payment of
the judiciary's expenses in relation to the New York state judicial
institute as provided in the agreement specified in subdivision two of
section two hundred nineteen-a of the judiciary law provided, however,
that such transfer shall not exceed amounts actually paid for such
expenses; and (2) available, subject to appropriation, for payments by
the judiciary for operation and maintenance expenses related to the New
York state judicial institute.

3. The moneys in each account within the court facilities incentive
aid fund established for a political subdivision shall be paid to the
political subdivision for which such account was established on or
within thirty days after the first day of May, August, November and
February of each state fiscal year; provided, however, that the amount
of each such payment shall not exceed twenty-five percent of the
assistance apportioned to such political subdivision pursuant to section
fifty-four-j of this chapter; and, provided, further, that no payment
shall be made to a political subdivision if, prior to such payment, the
chairman or another officer of the dormitory authority has certified to
the comptroller pursuant to section sixteen hundred eighty-b of the
public authorities law that such political subdivision has failed to pay
all or part of the rentals or other payments to be made under any lease,
sublease or other agreement with the dormitory authority, and the amount
set forth in such certificate remains unpaid by such political
subdivision or from moneys deducted by the comptroller in accordance
with section sixteen hundred eighty-b of the public authorities law from
moneys apportioned to such political subdivision. Upon receipt of a
certificate of the chairman or another officer of the dormitory
authority made in accordance with section sixteen hundred eighty-b of
the public authorities law, the comptroller shall pay to the dormitory
authority the moneys from time to time credited to the account in the
court facilities incentive aid fund established for such political
subdivision and deduct such amount from the assistance apportioned and
payable to such political subdivision and the assistance payable to such
political subdivision from the fund shall be reduced by the amount
deducted notwithstanding the amount appropriated and apportioned by the
state to such political subdivision, and the state shall not be
obligated to make, and the political subdivision shall not be entitled
to receive, any additional apportionment or payment of such assistance.

4. On or before April twentieth in each year, commencing with April
twentieth, nineteen hundred ninety-one, the chief administrator shall
determine and certify to the comptroller the difference between: (a) the
aggregate receipts derived by the state from the fees specified in
paragraph (e) of subdivision two of section thirty-nine of the judiciary
law during the fiscal year ending the preceding March thirty-first plus
all interest paid to the commissioner of taxation and finance during
such fiscal year pursuant to section one hundred eighty-two of this
chapter, and (b) the aggregate receipts derived by the state from the
fees specified in paragraph (e) of subdivision two of section
thirty-nine of the judiciary law during the state fiscal year commencing
April first, nineteen hundred eighty-six. One-half of the amount of such
difference shall thereupon be transferred by the comptroller from the
general fund to the court facilities incentive aid fund.

5. All payments of moneys from the court facilities incentive aid fund
shall be made on the audit and warrant of the comptroller on vouchers
certified or approved by the chief administrator of the courts.

6. On or before April thirtieth of each fiscal year, the comptroller
shall certify to the director of the budget and the chief administrator,
with copies of such certification filed with the chairmen of the senate
finance committee and the assembly ways and means committee, the amount
of moneys transferred from the court facilities incentive aid fund to
the general fund in the previous fiscal year, as well as the total
amount of moneys transferred from the court facilities incentive aid
fund to the general fund from the date of the establishment of the court
facilities incentive aid fund to the present, and the total, if any, of
moneys transferred from the general fund to the court facilities
incentive aid fund in all previous years pursuant to the court
facilities incentive aid fund guarantee set forth in this subdivision.

If in any fiscal year, moneys in the court facilities incentive aid
fund are insufficient to meet vouchers presented for payment charged to
appropriations made pursuant to this section, or for transfers made
pursuant to paragraph (b) of subdivision two of this section for payment
of the judiciary's expenses in relation to the New York state judicial
institute, as authorized pursuant to chapter six hundred thirteen of the
laws of nineteen hundred ninety-nine, because of transfers to the
general fund as certified by the state comptroller pursuant to this
subdivision, the comptroller shall transfer from the general fund to the
court facilities incentive aid fund sufficient moneys to meet the
vouchers or transfers. Such a transfer shall be made only upon
certification of need by the chief administrator of the courts with the
approval of the state comptroller, with copies of such certification
filed with the chairmen of the senate finance committee, the assembly
ways and means committee and the director of the budget. In no case
shall such transfers exceed the aggregate amount certified by the
comptroller in such fiscal year as having been previously transferred
from the court facilities incentive aid fund less the aggregate amount
certified by the comptroller in such fiscal year as having been
previously transferred to the court facilities incentive aid fund
pursuant to this subdivision.