senate Bill S2142A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2012 referred to local governments
delivered to assembly
passed senate
May 14, 2012 advanced to third reading
May 09, 2012 2nd report cal.
May 08, 2012 1st report cal.718
Feb 06, 2012 reported and committed to finance
Jan 05, 2012 print number 2142a
amend and recommit to local government
Jan 04, 2012 referred to local government
Jan 18, 2011 referred to local government

Votes

view votes

May 8, 2012 - Finance committee Vote

S2142A
32
1
committee
32
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

Feb 6, 2012 - Local Government committee Vote

S2142A
8
0
committee
8
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Local Government committee vote details

Local Government Committee Vote: Feb 6, 2012

Bill Amendments

Original
A (Active)
Original
A (Active)

S2142 - Bill Details

See Assembly Version of this Bill:
A10646
Current Committee:
Law Section:
County Law
Laws Affected:
Amd §217, County L; add §500-p, Cor L
Versions Introduced in 2009-2010 Legislative Session:
S6941

S2142 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2142

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 500-0 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:
Immediately.

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

                                  2142

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen. BONACIC -- 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-O  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-o  to
read as follows:
  S 500-O. 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
OF THE COUNTY EXECUTIVE. THE DISAPPROVAL OF A COUNTY EXECUTIVE, HOWEVER,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01902-01-1

S. 2142                             2

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.

Co-Sponsors

S2142A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10646
Current Committee:
Law Section:
County Law
Laws Affected:
Amd §217, County L; add §500-p, Cor L
Versions Introduced in 2009-2010 Legislative Session:
S6941

S2142A (ACTIVE) - Bill Texts

view summary

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

view sponsor 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2142--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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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