Senate Bill S5538A

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 06, 2018	reported and committed to finance
Feb 01, 2018	print number 5538a
Feb 01, 2018	amend and recommit to local government
Jan 03, 2018	referred to local government
Apr 25, 2017	reported and committed to finance
Apr 07, 2017	referred to local government

Votes

- Mar 6, 2018 - Local Government Committee Vote
  S5538A
  
  Aye
  
  9
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Local Government Committee Vote: Mar 6, 2018
      
      aye (9)
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Kaminsky
      
      Marchione
      
      Murphy
      
      Ortt
      
      Ritchie
      
      Serrano
  Apr 25, 2017 - Local Government Committee Vote
  S5538A
  
  Aye
  
  8
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Local Government Committee Vote: Apr 25, 2017
      
      aye (8)
      
      Brooks
      
      Carlucci
      
      Kaminsky
      
      Latimer
      
      Marchione
      
      Murphy
      
      Ortt
      
      Ritchie
      
      excused (1)
      
      Boyle

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S5538 - Details

Current Committee:: Senate Finance
Law Section:: County Law
Laws Affected:: Amd §217, County L; add §500-q, Cor L
Versions Introduced in 2015-2016 Legislative Session:: S1633

2017-S5538 - Summary

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

2017-S5538 - Sponsor Memo

                                 BILL NUMBER:  S5538

 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.1633 of 2016: Passed Senate, Died in Assembly Corrections
S.1633 of 2015: Passed Senate, Died in Assembly Corrections
S.1876-A of 2014: Passed Senate, Died in Assembly Local Governments
S.1876-A of 2013: Passed Senate, Died in Assembly Local Governments
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.

2017-S5538 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5538
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               April 7, 2017
                                ___________
 
 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:
   § 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.
   § 2. The correction law is amended by adding a new  section  500-p  to
 read as follows:
   § 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
 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.
                                                            LBD04896-01-7

 S. 5538                             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.
   § 3. This act shall take effect immediately.

co-Sponsors

2017-S5538A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: County Law
Laws Affected:: Amd §217, County L; add §500-q, Cor L
Versions Introduced in 2015-2016 Legislative Session:: S1633

2017-S5538A (ACTIVE) - Summary

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

2017-S5538A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5538A

SPONSOR: BONACIC
 
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-q 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-q

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 meas-
ure will help make that change possible.

 
LEGISLATIVE HISTORY:

S.5538 of 2017: Passed Senate, Died in Assembly Corrections
S.1633 of 2016: Passed Senate, Died in Assembly Corrections
S.1633 of 2015: Passed Senate, Died in Assembly Corrections
S.1876-A of 2014: Passed Senate, Died in Assembly Local Governments
S.1876-A of 2013: Passed Senate, Died in Assembly Local Governments
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.

2017-S5538A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5538--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               April 7, 2017
                                ___________
 
 Introduced  by Sens. BONACIC, HELMING -- read twice and ordered printed,
   and when printed to be committed to the Committee on Local  Government
   -- recommitted 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:
   § 217.  County  jail.  [Each]  EXCEPT  AS  PROVIDED  BY  SECTION  FIVE
 HUNDRED-Q  OF THE CORRECTION LAW, EACH county shall continue to maintain
 a county jail as prescribed by law.
   § 2. The correction law is amended by adding a new  section  500-q  to
 read as follows:
   § 500-Q. 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.

                                                            LBD04896-02-7

 S. 5538--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.
   § 3. This act shall take effect immediately.

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Senate Bill S5538A

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Votes

Mar 6, 2018 - Local Government Committee Vote

Local Government Committee Vote: Mar 6, 2018

Apr 25, 2017 - Local Government Committee Vote

Local Government Committee Vote: Apr 25, 2017

Bill Amendments

co-Sponsors

2017-S5538 - Details

2017-S5538 - Summary

2017-S5538 - Sponsor Memo

2017-S5538 - Bill Text download pdf

co-Sponsors

2017-S5538A (ACTIVE) - Details

2017-S5538A (ACTIVE) - Summary

2017-S5538A (ACTIVE) - Sponsor Memo

2017-S5538A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S5538A

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Sponsored By

John J. Bonacic

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Votes

Bill Amendments

co-Sponsors

Pamela Helming

2017-S5538 - Details

2017-S5538 - Summary

2017-S5538 - Sponsor Memo

2017-S5538 - Bill Text download pdf

co-Sponsors

Pamela Helming

2017-S5538A (ACTIVE) - Details

2017-S5538A (ACTIVE) - Summary

2017-S5538A (ACTIVE) - Sponsor Memo

2017-S5538A (ACTIVE) - Bill Text download pdf

Comments