N.Y. Judiciary Law Section 39-B
Special provisions relating to court facilities

1.

For purposes of this section:

(a)

the term “court facilities” shall mean facilities for the transaction of business by the state-paid courts and court-related agencies of the unified court system and the judicial and nonjudicial personnel thereof, including rooms and accommodations for the courts and court-related agencies of the unified court system, the judges, justices and the clerical, administrative and other personnel thereof.

(b)

the term “cleaning of court facilities” shall mean those services and activities that are necessary to insure that the interior of each court facility is and remains a clean and healthful environment in which to transact the business of the unified court system. These services and activities include, but are not limited to: removal of trash and debris; maintenance of appropriate standards of hygiene; painting; pest control; and replacement of consumable items such as light bulbs, soap, toilet paper and paper towelling. They also shall include the making of minor repairs in accordance with rules of the chief judge.

(c)

the term “political subdivision” shall include each county of the state outside the city of New York and each city of the state.

2.

Commencing April first, nineteen hundred ninety-eight, the state shall be responsible for the cleaning of court facilities and, subject to the provisions of paragraphs (b) and (c) of subdivision three of this section, shall pay the cost thereof out of funds appropriated from the court facilities incentive aid fund to the judiciary for that purpose.

3.

(a) Notwithstanding any provision herein, the state shall enter into a contract with a political subdivision pursuant to which such political subdivision shall provide for the cleaning of court facilities located therein except that, where any such political subdivision shall fail to comply with the provisions of such contract, the chief administrator may proceed pursuant to an alternative plan for the cleaning of court facilities located in such political subdivision subject to the approval of such alternative plan by the court facilities capital review board in the same manner as the approval of the capital plan of a political subdivision pursuant to Public Authorities Law § 1680-C (Creation of the court facilities capital review board)section sixteen hundred eighty-c of the public authorities law.

(b)

Any contract with a political subdivision entered pursuant to paragraph (a) of this subdivision for the cleaning of court facilities in that political subdivision during a fiscal year ending prior to April first, two thousand one shall provide that the political subdivision shall pay the cost of such cleaning in the first instance and that the state shall reimburse the political subdivision from funds appropriated from the court facilities incentive aid fund an amount equaling:

(i)

twenty-five percent of all expenses the political subdivision actually and necessarily incurred in compliance with this paragraph if the fiscal year commenced April first, nineteen hundred ninety-eight, (ii) fifty percent of all expenses the political subdivision actually and necessarily incurred in compliance with this paragraph if the fiscal year commenced April first, nineteen hundred ninety-nine, and

(iii)

seventy-five percent of all expenses the political subdivision actually and necessarily incurred in compliance with this paragraph if the fiscal year commenced April first, two thousand.

(c)

Where a political subdivision shall fail to enter into a contract pursuant to paragraph (a) of this subdivision for the cleaning of court facilities in that political subdivision during a fiscal year ending prior to April first, two thousand one or to comply with provisions of such a contract once entered into, and the chief administrator proceeds pursuant to an alternative plan pursuant to such paragraph, the chief administrator shall certify that fact to the state comptroller, the director of the budget, the chair of the senate finance committee and the chair of the assembly ways and means committee, along with the cost of such alternative plan to the state in such fiscal year. In such event, the political subdivision shall be required to reimburse the state for a percentage of such cost as follows:

(i)

in the fiscal year commencing April first, nineteen hundred ninety-eight, seventy-five percent;

(ii)

in the fiscal year commencing April first, nineteen hundred ninety-nine, fifty percent; and

(iii)

in the fiscal year commencing April first, two thousand, twenty-five percent. Effective for each fiscal year in which a political subdivision is required to reimburse the state pursuant to this paragraph, the state comptroller shall:

(i)

deduct from any moneys payable to such political subdivision from the local assistance fund the amount of such reimbursement, and

(ii)

transfer the amount of such deduction from the local assistance fund to the court facilities incentive aid fund.

4.

Notwithstanding the provisions of subdivisions two and three of this section, where, for a state fiscal year commencing on or after April first, nineteen hundred ninety-eight, a political subdivision demonstrates to the chief administrator that its net liability under this section on account of expenses incurred pursuant to this section for its court facilities during that state fiscal year is greater than the difference between:

(i)

the amount of those expenses and (ii) the amount of state assistance to which the political subdivision would have been entitled, on account of expenses paid during such fiscal year, pursuant to the provisions of paragraph (a) of subdivision two of State Finance Law § 54-J (Court facilities incentive aid)section fifty-four-j of the state finance law in effect prior to enactment of chapter six hundred eighty-six of the laws of nineteen hundred ninety-six had such provisions remained in effect, then, for that fiscal year, the amount of reimbursement the political subdivision is owed by the state shall be increased or the amount of reimbursement it owes the state shall be decreased, as appropriate, so that the political subdivision’s net liability under this section for the fiscal year equals such difference. For purposes of this subdivision, a political subdivision’s net liability under this section for a state fiscal year shall equal:

(i)

the difference between the amount of the expenses for court facilities in such political subdivision incurred by the state pursuant to this section and the amount of reimbursement owed the state therefor by the political subdivision in such fiscal year, if paragraph (c) of subdivision three of this section applies, or

(ii)

the amount of reimbursement owed by the state to the political subdivision in such fiscal year pursuant to paragraph (b) of subdivision three of this section, if such paragraph (b) applies.

Source: Section 39-B — Special provisions relating to court facilities, https://www.­nysenate.­gov/legislation/laws/JUD/39-B (updated Sep. 22, 2014; accessed Apr. 13, 2024).

2
Courts of record 2–A
Jurisdiction and powers of courts continued 2–B
General powers of courts of record 3
Use of term “court” prohibited 4
Sittings of courts to be public 4–A
Certain powers of the courts regarding civil arrests 5
Courts not to sit on Sunday except in special cases nor on Saturday in certain cases 6
Adjournment of term of court of record to future day 7
Adjournment of term on non-appearance of judge 7–A
Vacancies or changes in judges 7–B
Continuance of out of court proceedings before judges of same court 7–C
Continuance of special proceeding before another officer 8
Emergency relocations of court terms 9
Recusal 10
Courtroom designated the "Judge James F 13
Court or judge may direct the filing of original stenographic minutes with clerk 13–A
Power to remove certain officers and to appoint successors 13–B
Oath of referee, receiver, commissioner or appraiser 14
Disqualification of judge by reason of interest or consanguinity 15
Judge of court of record not disqualified because a resident or a taxpayer 16
Judge prohibited from practicing law in his court 17
Judge prohibited from practicing in cause which has been before him 18
Judge prohibited from taking fees for advice in matters before him 19
Judge must not be interested in costs 20
Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court 21
Judge other than of court of appeals or appellate division not to decide question argued during his absence 22
Certificates as to year of birth to be filed by certain judicial officers 23
Age limitation on term of judicial office 24
Compensation of judges after removal 25
Retirement of state-paid full-time judges or justices of the unified court system and housing judges appointed pursuant to subdivision (f... 25–A
Retirement of judicial officers 27
Except as provided in subdivision (b) of this section, judgments and accounts must be computed in dollars and cents 28
Amendment of minutes of stenographer 29
Seal of court of record 30
Lost or destroyed seal must be replaced 30–A
Seal of Kings county and of the county clerk, the supreme court and the county court in said county 30–B
Seal of New York county and of the county clerk and the supreme court 30–C
Seal of Franklin county and of the county clerk and the supreme court 30–D
Seal of Albany county and of the county clerk and the supreme court 30–E
Seal of Livingston county and of the county clerk and the supreme court 30–F
Seal of Cortland county and of the county clerk, the supreme court and the county court in said county 31
Seals and records of former superior city courts 33
Expense of certain criminal prosecutions to be borne by the state 34
Apportionment of expenses related to salaries or compensation paid by the state in the first instance 35
Assignment of counsel to indigent persons and appointment of physicians in certain proceedings 35–A
Statements to be filed by judges or justices fixing or approving fees, commissions, or other compensation for persons appointed by courts... 35–B
Assignment of counsel and related services in criminal actions in which a death sentence may be imposed 36
Personal assistants to judges and justices 37
Salary plan for non-judicial employees 39
Unified court budget 39–A
Mediation 39–B
Special provisions relating to court facilities
Green check means up to date. Up to date

Accessed:
Apr. 13, 2024

Last modified:
Sep. 22, 2014

§ 39-B’s source at nysenate​.gov

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