Allows for two or more counties to enter into a contract for the provision of a county jail.
Sponsor: BONACIC
Committee: LOCAL GOVERNMENTS
Law Section: County Law
Law: Amd S217, County L; add S500-p, Cor L
Law Section: County Law
Law: Amd S217, County L; add S500-p, Cor L
S2142A-2011 Actions
- Jun 6, 2012: referred to local governments
- Jun 6, 2012: DELIVERED TO ASSEMBLY
- Jun 6, 2012: PASSED SENATE
- May 14, 2012: ADVANCED TO THIRD READING
- May 9, 2012: 2ND REPORT CAL.
- May 8, 2012: 1ST REPORT CAL.718
- Feb 6, 2012: REPORTED AND COMMITTED TO FINANCE
- Jan 5, 2012: PRINT NUMBER 2142A
- Jan 5, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
- Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
- Jan 18, 2011: REFERRED TO LOCAL GOVERNMENT
S2142A-2011 Meetings
Finance: May 8, 2012, Local Government: Feb 6, 2012S2142A-2011 Calendars
Active List: Jun 6, 2012 , Floor Calendar: May 9, 2012 , Floor Calendar: May 14, 2012 , Floor Calendar: May 15, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012S2142A-2011 Votes
VOTE: COMMITTEE VOTE:
- Local Government
- Feb 6, 2012
Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein
VOTE: COMMITTEE VOTE:
- Finance
- May 8, 2012
Ayes (32): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Diaz, Dilan, Gianaris, Montgomery, Oppenheimer, Peralta, Rivera, Stavisky, Stewart-Cousins, Squadron
Ayes W/R (2): Duane, Perkins
Nays (1): Parker
VOTE: FLOOR VOTE:
- Jun 6, 2012
Ayes (57): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Zeldin
Excused (5): Espaillat, Farley, Huntley, Smith, Young
S2142A-2011 Memo
BILL NUMBER:S2142A 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: Adds a new section 500-P to the Correction Law to provide that counties may share in the construction, maintenance, bonding, and long term financing associated with a county jail. EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: 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. JUSTIFICATION: 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. Sharing services between the State and localities 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.6941 of 2010: Passed Senate, Referred to Correction in Assembly FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect immediately.
S2142A-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
2142--A
2011-2012 Regular Sessions
I N SENATE
January 18, 2011
___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government -- recom-
mitted to the Committee on Local Government in accordance with Senate
Rule 6, sec. 8 -- 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, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01902-02-2
S. 2142--A 2
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 STATE COMMISSION ON CORRECTION OR WHICH HAS A WAIVER OR
VARIANCE FROM ALL OR A PORTION OF SUCH REQUIREMENTS.
S 3. This act shall take effect immediately.

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