§ 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.