Bill S1876A-2013

Allows for two or more counties to enter into a contract for the provision of a county jail

Allows for two or more counties to enter into a contract for the provision of a county jail.

Details

Actions

  • Jun 11, 2014: referred to local governments
  • Jun 11, 2014: DELIVERED TO ASSEMBLY
  • Jun 11, 2014: PASSED SENATE
  • Jun 10, 2014: ORDERED TO THIRD READING CAL.1233
  • Jun 10, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 14, 2014: REPORTED AND COMMITTED TO FINANCE
  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 3, 2013: referred to local governments
  • Jun 3, 2013: DELIVERED TO ASSEMBLY
  • Jun 3, 2013: PASSED SENATE
  • May 23, 2013: ADVANCED TO THIRD READING
  • May 22, 2013: 2ND REPORT CAL.
  • May 21, 2013: 1ST REPORT CAL.648
  • May 13, 2013: PRINT NUMBER 1876A
  • May 13, 2013: AMEND AND RECOMMIT TO FINANCE
  • Mar 19, 2013: REPORTED AND COMMITTED TO FINANCE
  • Jan 9, 2013: REFERRED TO LOCAL GOVERNMENT

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Local Government - May 13, 2014
Ayes (9): Martins, Ball, Boyle, Marchione, Ritchie, Valesky, Gipson, Latimer, O'Brien
VOTE: COMMITTEE VOTE: - Rules - Jun 10, 2014
Ayes (21): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Montgomery, Espaillat, Gianaris
Ayes W/R (1): Parker
Nays (2): Krueger, Perkins
Excused (1): Hassell-Thompson

Memo

BILL NUMBER:S1876A

TITLE OF BILL: An act to amend the county law and the correction law, in relation to allowing two or more counties to enter into a contract for the provision of a county jail

PURPOSE OR GENERAL IDEA OF BILL: To provide that counties may share a jail instead of having separate jails in each county.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends section 217 of the County Law to add the exception created by section 500-p of the Correction Law, to the requirement that each county continue to maintain its own county jail

Section 2: Amends the Correction Law by addition a new section 500-p which provides that counties may share in the construction, maintenance, bonding and long term financing associated with a county jail.

Section 3: Effective date.

JUSTIFICATION: The Commissioner of the State Commission on Correction refuses to allow counties to share the construction, maintenance and financing of jails. In fact, when approached by Sullivan County officials about the concept of developing a regional jail with one of the adjoining counties, replied: "New York has regions; they're called counties." - source: Times Herald Record, February 10, 2010

The answer of a State agency Commissioner when approached about the concept of a sincere regional cost sharing concept was to dismiss it out of hand. That type of attitude shows a disregard for taxpayers. There is no reason why counties should not be able to share in the cost of the construction and maintenance and long term financing of a jail. Sharing services at the local level makes sense whenever possible. Taxpayers are stretched to the brink and New York State government needs to change to meet the needs of the taxpayer, rather than continuing to insist that taxpayers change to meet the needs of the State. This common sense measure will help make that change possible.

LEGISLATIVE HISTORY: S.2142-A of 2012: Passed Senate, Died in Assembly Correction S.2142 of 2011: Died in Senate Local Government S.6941 of 2010: Passed Senate, Died in Assembly Correction

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1876--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. BONACIC, GALLIVAN, LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the county law and the correction law, in relation to allowing two or more counties to enter into a contract for the provision of a county jail THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 217 of the county law is amended to read as follows: S 217. County jail. [Each] EXCEPT AS PROVIDED BY SECTION FIVE HUNDRED-P OF THE CORRECTION LAW, EACH county shall continue to maintain a county jail as prescribed by law. S 2. The correction law is amended by adding a new section 500-p to read as follows: S 500-P. AUTHORIZATION FOR SHARED COUNTY JAILS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A COUNTY MAY ENTER INTO A CONTRACT WITH ANOTHER COUNTY, OR WITH THE STATE UPON THE APPROVAL OF THE COMMISSIONER, TO SHARE IN THE CONSTRUCTION, FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY JAIL. SUCH CONTRACTS, IF ENACTED, MAY RUN CONCURRENT WITH ANY BOND OR LONG-TERM FINANCING ASSOCIATED WITH THE CONSTRUCTION OF OR IMPROVEMENT TO A COUNTY JAIL. 2. AN AGREEMENT BETWEEN TWO OR MORE COUNTIES TO SHARE IN THE CONSTRUCTION, FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY JAIL PURSUANT TO THIS SECTION SHALL INCLUDE A PROVISION FOR THE PROPORTIONATE COST, INCLUDING COSTS ASSOCIATED WITH BONDING, TO BE BORNE BY EACH COUN- TY. THE CONTRACTING COUNTIES MAY AGREE THAT THE BONDING OR FINANCING MECHANISM FOR THE PROVISION OF A COUNTY JAIL MAY BE AMENDED UPON THE
MUTUAL CONSENT OF EACH CONTRACTING COUNTY'S LEGISLATURE OR BOARD OF SUPERVISORS, AND IF THE COUNTY HAS A COUNTY EXECUTIVE, UPON THE APPROVAL OF THE COUNTY EXECUTIVE. THE DISAPPROVAL OF A COUNTY EXECUTIVE, HOWEVER, MAY BE OVERRIDDEN BY THE VOTE OF TWO-THIRDS OF THE GOVERNING BODY OF THE COUNTY. 3. IF TWO OR MORE COUNTIES ENTER INTO AN AGREEMENT TO SHARE IN THE CONSTRUCTION, FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY JAIL, THE JAIL SHALL BE PHYSICALLY LOCATED IN ONE OF THE COUNTIES WHICH ARE SUBJECT TO THE AGREEMENT. 4. A COUNTY MAY CONTRACT WITH ANOTHER COUNTY TO SHARE THE FINANCING, MAINTENANCE, AND IMPROVEMENT TO AN EXISTING JAIL OF ANOTHER COUNTY WHERE SUCH OTHER COUNTY ALREADY HAS AN EXISTING JAIL THAT MEETS THE REQUIRE- MENTS OF THE COMMISSION OR WHICH HAS A WAIVER OR VARIANCE FROM ALL OR A PORTION OF SUCH REQUIREMENTS. S 3. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus