§ 94. Court facilities incentive aid fund. 1. There is hereby\nestablished in the joint custody of the state comptroller and the\ncommissioner of taxation and finance a fund to be known as the "court\nfacilities incentive aid fund."\n Within such fund there is hereby established a special account for\neach political subdivision of the state to which state assistance is\napportioned and payable pursuant to section fifty-four-j of this\nchapter.\n 2. (a) Such fund shall consist of the moneys transferred to the\naccount by the comptroller pursuant to subdivision four of this section\nand pursuant to paragraph (c) of subdivision three of section\nthirty-nine-b of the judiciary law. Each account in the court facilities\nincentive aid fund established for a political subdivision shall be\ncredited with a portion of the moneys in the fund, which portion shall\nbe equal to the amount the assistance apportioned during the then\ncurrent state fiscal year to the political subdivision pursuant to\nsection fifty-four-j of this chapter bears to the total of such\nassistance apportioned during such state fiscal year to all political\nsubdivisions entitled to such assistance during such state fiscal year;\nprovided, however, that no account established for a political\nsubdivision shall be credited with an amount greater than the amount of\nassistance apportioned to such political subdivision pursuant to section\nfifty-four-j of this chapter. Moneys in the fund in excess of the\namount credited to the accounts established for political subdivisions\nshall be retained in the fund for application for the purposes of the\nfund during subsequent state fiscal years. The moneys in the fund and\neach account therein shall be appropriated for payment of state\nassistance apportioned and payable pursuant to section fifty-four-j of\nthis chapter to the political subdivisions entitled thereto, for payment\nto the dormitory authority pursuant to subdivision three of this section\nand section sixteen hundred eighty-b of the public authorities law, and\nfor payment by the judiciary of costs and expenses required by section\nthirty-nine-b of the judiciary law.\n (b) Notwithstanding the foregoing, moneys in the fund in excess of the\namount credited to the accounts established for political subdivisions\npursuant to paragraph (a) of this subdivision shall be (1) transferred\nby the state comptroller to the general debt service fund for payment of\nthe judiciary's expenses in relation to the New York state judicial\ninstitute as provided in the agreement specified in subdivision two of\nsection two hundred nineteen-a of the judiciary law provided, however,\nthat such transfer shall not exceed amounts actually paid for such\nexpenses; and (2) available, subject to appropriation, for payments by\nthe judiciary for operation and maintenance expenses related to the New\nYork state judicial institute.\n 3. The moneys in each account within the court facilities incentive\naid fund established for a political subdivision shall be paid to the\npolitical subdivision for which such account was established on or\nwithin thirty days after the first day of May, August, November and\nFebruary of each state fiscal year; provided, however, that the amount\nof each such payment shall not exceed twenty-five percent of the\nassistance apportioned to such political subdivision pursuant to section\nfifty-four-j of this chapter; and, provided, further, that no payment\nshall be made to a political subdivision if, prior to such payment, the\nchairman or another officer of the dormitory authority has certified to\nthe comptroller pursuant to section sixteen hundred eighty-b of the\npublic authorities law that such political subdivision has failed to pay\nall or part of the rentals or other payments to be made under any lease,\nsublease or other agreement with the dormitory authority, and the amount\nset forth in such certificate remains unpaid by such political\nsubdivision or
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