N.Y. County Law 331 – Funding of local public safety answering points
* § 331. Funding of local public safety answering points. 1. A local public safety answering point shall be eligible for reimbursement of eligible wireless 911 service costs. Applications for reimbursement shall be in a form and manner determined by the department of state and shall be submitted by a municipality, as defined in section three hundred one of this chapter. Any local public safety answering point operated by a political subdivision or a local public safety answering point operated by a not-for-profit corporation under contract with a political subdivision, within a county with a population in excess of one million according to the federal decennial census of two thousand shall be eligible to share in any reimbursement received by such county, provided, however, that such local public service answering point had received wireless calls on or before the effective date of this article. Any county which contains a city with a population in excess of one hundred thousand according to the federal decennial census of two thousand which city is serviced by a local public safety answering point that received wireless 911 calls on or before the effective date of this article shall be required to share any reimbursement received by such county with such city in accordance with section three hundred thirty-two of this article. The applicant shall distribute its reimbursement to eligible local public safety answering points in accordance with an equitable distribution based upon eligible wireless 911 service costs incurred; no local public safety answering point eligible under this subdivision shall be denied reimbursement for such eligible costs, provided that there are funds available to the applicant pursuant to section three hundred thirty-two of this article.
Terms Used In N.Y. County Law 331
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Board: shall mean the New York state 911 board. See N.Y. County Law 325
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fund: shall mean the statewide public safety communications account established pursuant to § 97 of the state finance law. See N.Y. County Law 325
- Local public safety answering point: means a site designated and operated by a local governmental entity for the purpose of receiving emergency calls from customers of a wireless telephone service supplier. See N.Y. County Law 325
2. In order to be eligible for funding pursuant to this section, a local public safety answering point must be in compliance with the standards promulgated pursuant to paragraphs (a) and (b) of subdivision four of section three hundred twenty-eight of this article, provided, however, that a local public safety answering point operated within or by a county with a population of more than one million or a local public safety answering point servicing a city with a population in excess of one hundred thousand according to the federal decennial census of two thousand which received wireless 911 calls on or before the effective date of this article must only be in compliance with the standards promulgated pursuant to paragraph (a) of subdivision four of section three hundred twenty-eight of this article.
3. (a) Until such time as the standards developed pursuant to subdivision four of section three hundred twenty-eight of this article have been promulgated, or until October first, two thousand three, whichever is later, and subject to appropriation by the legislature, the executive board, upon the recommendation of the department of state, shall distribute moneys from the fund to the applicant for the reimbursement of eligible wireless 911 service costs pursuant to section three hundred thirty-two of this article. Any action taken by the executive board to distribute moneys shall be by unanimous decision of the executive board.
(b) The department of state shall make recommendations to the executive board, at a minimum, on a quarterly basis regarding all requests for reimbursement. The executive board shall make final determinations with respect to such recommendations not later than the end of the following quarter.
4. (a) After such time as the standards required pursuant to subdivision four of section three hundred twenty-eight of this article have been promulgated, and subject to appropriation by the legislature, the department of state shall distribute moneys from the fund to the applicant for the reimbursement of eligible wireless 911 services costs pursuant to section three hundred thirty-two of this article.
(b) An applicant that has been denied moneys pursuant to paragraph (a) of this subdivision or that has been denied an extension of time to qualify for receipt of such moneys may appeal such denial to the board.
5. The department of state shall have the power to make, execute, and deliver contracts, conveyances, and other instruments necessary to effect the purposes and objectives of this subdivision. The department of state may grant an extension of time to a municipality to seek reimbursement for eligible 911 service costs for good cause shown.
* NB Repealed upon notification by the director of budget upon cessation of adverse effects