N.Y. County Law 332 – Allocations
* § 332. Allocations. 1. Of the monies appropriated to the department of state from the miscellaneous special revenue fund – (339), local wireless public safety answering point account, the department of state shall allocate such monies annually for eligible wireless 911 service costs based on the population of an eligible municipality in proportion to other eligible municipalities, from federal census data as determined in the two thousand census. On or before August first, two thousand two, and annually thereafter, the department of state shall determine the municipalities eligible to apply for reimbursement of eligible wireless 911 service costs. "Municipality" as used in this section shall have the same meaning as in section three hundred one of this chapter. A municipality shall be eligible to apply for reimbursement if a local public safety answering point has operated in such municipality at any time during the twelve month period immediately preceding the annual determination of eligible municipalities.
Terms Used In N.Y. County Law 332
- 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
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- 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. A municipality shall be eligible for one hundred percent of the total amount allocated to the municipality except that in any municipality where on the effective date of this subdivision a local public safety answering point serviced a city, town or village within the municipality, such city, town or village shall be entitled to share in such allocation pursuant to section three hundred thirty-one of this article. The municipality shall distribute its allocations to eligible local public safety answering points in accordance with an equitable distribution based upon eligible 911 service costs incurred.
3. Notwithstanding paragraph two of this section, of the monies appropriated to the department of state from the miscellaneous special revenue fund (339), local wireless public safety answering point account, seven and one-half percent in state fiscal year two thousand two–two thousand three, ten percent in state fiscal year two thousand three–two thousand four, and five percent in state fiscal year two thousand four–two thousand five of the total amount available shall be allocated exclusively for costs incurred in commencing the provision of wireless 911 service after January first, nineteen hundred ninety-three and prior to January first, two thousand two by local public safety answering points that received wireless 911 calls during such period. On or before August first, two thousand two the department of state shall determine the municipalities eligible to apply for reimbursement pursuant to this subdivision and shall allocate such moneys among the eligible municipalities on a per capita basis in accordance with federal census data as determined in the two thousand census. Such costs shall include capital expenditures related to the operation of local public safety answering points, including any reasonable costs incurred to facilitate the sharing of basic or enhanced wireless 911 information.
4. The department of state shall calculate the allocations and notify each eligible municipality by September fifteenth of each year of the amount of its allocation or allocations that shall be available for that year. Allocations for each year may be utilized by an eligible municipality in whole or in part for a period of thirty-six months after the department of state notifies the eligible municipality of its allocation, provided, however that an allocation can be combined with subsequent allocations. The department of state may grant an extension of time to a municipality to utilize its allocation for good cause shown. If after the three year period, any amount of the allocation is not expended, disbursed or encumbered, such allocations shall be available for the next calculation of allocations for all eligible municipalities.
* NB Repealed upon notification by the director of budget upon cessation of adverse effects