senate Bill S1876

Amended

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 19 / Mar / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 13 / May / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 13 / May / 2013
    • PRINT NUMBER 1876A
  • 21 / May / 2013
    • 1ST REPORT CAL.648
  • 22 / May / 2013
    • 2ND REPORT CAL.
  • 23 / May / 2013
    • ADVANCED TO THIRD READING
  • 03 / Jun / 2013
    • PASSED SENATE
  • 03 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 03 / Jun / 2013
    • REFERRED TO LOCAL GOVERNMENTS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 14 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 10 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 10 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1233
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO LOCAL GOVERNMENTS

Summary

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

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Bill Details

See Assembly Version of this Bill:
A1193
Versions:
S1876
S1876A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
County Law
Laws Affected:
Amd §217, County L; add §500-p, Cor L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2142A, A10646
2009-2010: S6941, S6941

Votes

9
0
9
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Local Government committee vote details

Sponsor Memo

BILL NUMBER:S1876

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 offi-
cials about the concept of developing a regional jail with one of the
adjoining counties, replied: "New York has regions; they're called coun-
ties." - 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 meas-
ure 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1876

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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

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
SUPERVISORS, AND IF THE COUNTY HAS A COUNTY EXECUTIVE, UPON THE APPROVAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02982-01-3

S. 1876                             2

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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