NY State Senate Bill 2017-S8808A

Senate Bill S8808A

Signed By Governor

2017-2018 Legislative Session

Relates to the construction and financing of regional juvenile detention facilities

download bill text pdf

Archive: Last Bill Status Via A10756 - Signed by Governor

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

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 31, 2018	signed chap.173
Jul 19, 2018	delivered to governor
Jun 20, 2018	returned to assembly passed senate 3rd reading cal.2067 substituted for s8808a
Jun 20, 2018	substituted by a10756a ordered to third reading cal.2067 committee discharged and committed to rules
Jun 12, 2018	print number 8808a
Jun 12, 2018	amend (t) and recommit to corporations, authorities and commissions
May 21, 2018	referred to corporations, authorities and commissions

Votes

- Jun 20, 2018 - Floor Vote
  A10756
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2018
      
      aye (60)
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Addabbo Jr.
      
      Croci
      
      Rivera
  Jun 20, 2018 - Rules Committee Vote
  S8808A
  
  21
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2018
      
      aye (21)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Flanagan
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (3)
      
      Dilan
      
      Gianaris
      
      Griffo
      
      excused (1)
      
      Rivera

Bill Amendments

Original

A (Active)

2017-S8808 - Details

See Assembly Version of this Bill:: A10756
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1676 & 1680, Pub Auth L

2017-S8808 - Summary

Authorizes the dormitory authority to construct and finance regional juvenile detention facilities.

2017-S8808 - Sponsor Memo

                                
 
BILL NUMBER: S8808

SPONSOR: TEDISCO
 
TITLE OF BILL:  An act to amend the public authorities law and the
county law, in relation to authorizing the dormitory authority to
construct and finance regional juvenile detention facilities; and to
designate certain non-profit corporations as the agency of county
government responsible for the administration of county juvenile
detention programs

 
PURPOSE:

To authorize the Dormitory Authority to construct and finance regional
juvenile detention facilities and to allow counties to designate certain
nonprofit corporations as an agency of county government responsible for
the administration of county juvenile detention programs.

 
SUMMARY OF PROVISIONS:

Section 1. Amends paragraph (b) of subdivision 2 of section 1676 of the
public authorities law to amend the definition of "dormitory" to include

not-for-profit corporations formed pursuant to an inter-municipal agree-
ment among two or more counties within the state to assist the forming
counties with financing, constructing and operating a regional juvenile
detention center.

Section 2. Amends subdivision 1 of section 1680 of the public authori-
ties law to amend the definition of "educational institution" to include
not-for-profit corporations formed pursuant to an inter-municipal agree-
ment among two or more counties within the state to assist the forming
counties with financing, constructing and operating a regional juvenile
detention center.

Section 3. Amends subdivision 2 of section 1680 of the public authori-
ties law to authorize the Dormitory Authority to enter into agreements
with such not-for-profit corporations formed pursuant to an inter-muni-
cipal agreement among two or more counties to finance and construct
regional juvenile detention programs.

Section 4. Amends subdivision a of section 218-a of the county law to
allow counties to designate such not-for-profit corporations formed
pursuant to an inter-municipal agreement among two or more counties to
be an agency of county government responsible for the administration of
county juvenile detention programs

Section 5. Effective date.

 
JUSTIFICATION:

This bill would enable not-for-profit corporations, formed pursuant to
inter-municipal agreements to provide for county juvenile detention
programs, to access the services of the Dormitory Authority in order to
finance and construct specialized secured detention facilities required
by the recently enacted legislation that raised the age of juvenile
jurisdiction to include 16 and 17 year olds, commonly known as the Raise
the Age. In addition, the bill would clarify that counties can designate
such non-for-profit corporations as an agency of county government
responsible for the administration of county juvenile detention
programs. This clarification would enable such not-for-profit corpo-
rations direct access to the Raise the Age reimbursement funding
provided in the 2018-19 New York State budget.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately

2017-S8808 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8808
 
                             I N  S E N A T E
 
                               May 21, 2018
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend  the  public  authorities  law and the county law, in
   relation to authorizing  the  dormitory  authority  to  construct  and
   finance  regional  juvenile  detention  facilities;  and  to designate
   certain non-profit corporations as the  agency  of  county  government
   responsible  for  the  administration  of  county  juvenile  detention
   programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision  2 of section 1676 of the
 public authorities law is amended by adding a new undesignated paragraph
 to read as follows:
   A CORPORATION WHICH IS INCORPORATED UNDER  THE  NOT-FOR-PROFIT  CORPO-
 RATION LAW OF THIS STATE FORMED PURSUANT TO AN INTER-MUNICIPAL AGREEMENT
 AMONG TWO OR MORE COUNTIES WITHIN THIS STATE TO ASSIST THE FORMING COUN-
 TIES  IN ACQUIRING, FINANCING, CONSTRUCTING, RECONSTRUCTING, REMODELING,
 ENLARGING, ALTERING, REPAIRING, OPERATING, MANAGING, LEASING, SELLING OR
 OTHERWISE DISPOSING OF A REGIONAL JUVENILE DETENTION FACILITY.
   § 2. Subdivision 1 of section 1680 of the public  authorities  law  is
 amended by adding a new undesignated paragraph to read as follows:
   A  CORPORATION  WHICH  IS INCORPORATED UNDER THE NOT-FOR-PROFIT CORPO-
 RATION LAW OF THIS STATE FORMED PURSUANT TO AN INTER-MUNICIPAL AGREEMENT
 AMONG TWO OR MORE COUNTIES WITHIN THIS STATE TO ASSIST THE FORMING COUN-
 TIES IN ACQUIRING, FINANCING, CONSTRUCTING, RECONSTRUCTING,  REMODELING,
 ENLARGING, ALTERING, REPAIRING, OPERATING, MANAGING, LEASING, SELLING OR
 OTHERWISE DISPOSING OF A REGIONAL JUVENILE DETENTION FACILITY.
   §  3.  Subdivision  2 of section 1680 of the public authorities law is
 amended by adding a new paragraph l to read as follows:
   1. (1) FOR PURPOSES OF THIS SECTION, THE  FOLLOWING  PROVISIONS  SHALL
 APPLY  TO  THE  POWERS  IN  CONNECTION  WITH  THE  PROVISION OF REGIONAL
 DETENTION FACILITIES CERTIFIED BY THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  OR  BY SUCH OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15827-01-8

 S. 8808                             2
 
 CORRECTION OR FOR THE PROVISION OF RESIDENTIAL  FACILITIES  LICENSED  BY
 THE  OFFICE  OF CHILDREN AND FAMILY SERVICES INCLUDING ALL NECESSARY AND
 USUAL ATTENDANT AND RELATED FACILITIES AND EQUIPMENT.
   (2)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, ANY ENTITY AS LISTED
 ABOVE SHALL HAVE FULL POWER AND AUTHORITY TO ENTER INTO SUCH  AGREEMENTS
 WITH  THE  DORMITORY  AUTHORITY  AS  ARE  NECESSARY  TO  FINANCE  AND/OR
 CONSTRUCT DETENTION OR RESIDENTIAL FACILITIES DESCRIBED ABOVE, INCLUDING
 WITHOUT LIMITATION, THE PROVISION OF FEES AND AMOUNTS NECESSARY  TO  PAY
 DEBT  SERVICE  ON  ANY OBLIGATIONS ISSUED BY THE DORMITORY AUTHORITY FOR
 SAME, AND TO ASSIGN AND PLEDGE TO THE DORMITORY AUTHORITY, ANY  AND  ALL
 PUBLIC  FUNDS  TO BE APPORTIONED OR OTHERWISE MADE PAYABLE BY THE UNITED
 STATES, ANY AGENCY THEREOF, THE STATE, ANY AGENCY THEREOF,  A  POLITICAL
 SUBDIVISION,  AS DEFINED IN SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL
 LAW, ANY SOCIAL SERVICES DISTRICT IN THE STATE OR ANY OTHER GOVERNMENTAL
 ENTITY IN AN AMOUNT SUFFICIENT TO MAKE ALL PAYMENTS REQUIRED TO BE  MADE
 BY  ANY  SUCH  ENTITY AS LISTED ABOVE PURSUANT TO ANY LEASE, SUBLEASE OR
 OTHER AGREEMENT ENTERED INTO BETWEEN ANY SUCH ENTITY AS LISTED ABOVE AND
 THE DORMITORY AUTHORITY. ALL STATE AND LOCAL OFFICERS ARE HEREBY AUTHOR-
 IZED AND REQUIRED TO PAY ALL SUCH FUNDS SO ASSIGNED AND PLEDGED  TO  THE
 DORMITORY  AUTHORITY  OR, UPON THE DIRECTION OF THE DORMITORY AUTHORITY,
 TO ANY TRUSTEE OF ANY DORMITORY AUTHORITY BOND OR NOTE ISSUED,  PURSUANT
 TO  A  CERTIFICATE  FILED  WITH  ANY  SUCH STATE OR LOCAL OFFICER BY THE
 DORMITORY AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SECTION.
   § 4. The opening paragraph of subdivision a of section  218-a  of  the
 county law, as amended by chapter 465 of the laws of 1992, is amended to
 read as follows:
   To assure that suitable and conveniently accessible accommodations and
 proper and adequate detention in secure and non-secure detention facili-
 ties,  as  defined  in section five hundred two of the executive law and
 the regulations of the  division  for  youth,  will  be  available  when
 required for the temporary care, maintenance and security of alleged and
 convicted  juvenile  offenders,  alleged and adjudicated juvenile delin-
 quents and alleged and adjudicated persons in need of supervision.  Such
 regulations  shall not require any county to provide temporary care in a
 secure detention facility for residents of any other county except  upon
 a  space  available basis. The county executive, if there be one, other-
 wise the board of supervisors  shall  designate  the  agency  of  county
 government,  OR  A  NOT-FOR-PROFIT  CORPORATION  FORMED  PURSUANT  TO AN
 INTER-MUNICIPAL AGREEMENT AMONG TWO OR MORE  COUNTIES,  responsible  for
 the administration of the county juvenile detention program and shall so
 advise  the  New  York state division for youth, and may make provisions
 therefor as follows:
   § 5. This act shall take effect immediately.

2017-S8808A (ACTIVE) - Details

See Assembly Version of this Bill:: A10756
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1676 & 1680, Pub Auth L

2017-S8808A (ACTIVE) - Summary

Authorizes the dormitory authority to construct and finance regional juvenile detention facilities.

2017-S8808A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8808A

SPONSOR: TEDISCO
 
TITLE OF BILL:  An act to amend the public authorities law, in
relation to authorizing the dormitory authority to construct and finance
regional juvenile detention facilities

 
PURPOSE:

To authorize the Dormitory Authority to construct and finance regional
juvenile detention facilities and to allow counties to designate certain
non-profit corporations as an agency of county government responsible
for the administration of county juvenile detention programs.

 
SUMMARY OF PROVISIONS:

Section 1. Amends paragraph (b) of subdivision 2 of section 1676 of the
public authorities law to amend the definition of "dormitory" to include
not-for-profit corporations formed pursuant to an inter-municipal agree-
ment among two or more counties within the state to assist the forming
counties with financing, constructing, or otherwise disposing of a joint

county juvenile detention center established in accordance with section
two hundred eighteen-a of the county law.

Section 2. Amends subdivision 1 of section 1680 of the public authori-
ties law to amend the definition of "educational institution" to include
not-for-profit corporations formed pursuant to an inter-municipal agree-
ment among two or more counties within the state to assist the forming
counties with financing, constructing or otherwise disposing of a joint
county juvenile detention center established in accordance with section
two hundred eighteen-a of the county law.

Section 3. Amends subdivision 2 of section 1680 of the public authori-
ties law to authorize the Dormitory Authority to enter into agreements
with such not-for-profit corporations formed pursuant to an inter-muni-
cipal agreement among two or more counties to finance and construct
regional juvenile detention programs established in accordance with
section two hundred eighteen-a of the county law, or for the provision
of residential facilities licensed by the office of children and family
services including all necessary and usual attendant and related facili-
ties and equipment.

Section 4. Amends subdivision a of section 218-a of the county law to
allow counties to designate such not-for-profit corporations formed
pursuant to an inter-municipal agreement among two or more counties to
be an agency of county government responsible for the administration of
county juvenile detention programs

Section 5. Effective date.

 
JUSTIFICATION:

This bill would enable not-for-profit corporations, formed pursuant to
inter-municipal agreements to provide for county juvenile detention
programs, to access the services of the Dormitory Authority in order to
finance and construct specialized secured detention facilities required
by the recently enacted legislation that raised the age of juvenile
jurisdiction to include 16 and 17 year olds, commonly known as the Raise
the Age. In addition, the bill would clarify that counties can designate
such non-for-profit corporations as an agency of county government
responsible for the administration of county juvenile detention
programs. This clarification would enable such not-for-profit corpo-
rations direct access to the Raise the Age reimbursement funding
provided in the 2018-19 New York State budget.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8808A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8808--A
 
                             I N  S E N A T E
 
                               May 21, 2018
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and   Commissions  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public authorities law, in relation  to  authorizing
   the  dormitory  authority  to  construct and finance regional juvenile
   detention facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision  2 of section 1676 of the
 public authorities law is amended by adding a new undesignated paragraph
 to read as follows:
   ANY NOT-FOR-PROFIT CORPORATION FORMED PURSUANT TO  AN  INTER-MUNICIPAL
 AGREEMENT  AMONG  TWO  OR MORE COUNTIES WITHIN THIS STATE TO ASSIST SAID
 COUNTIES IN ACQUIRING, FINANCING, CONSTRUCTING, RECONSTRUCTING, REMODEL-
 ING, ENLARGING, ALTERING, REPAIRING, OPERATING, MANAGING, LEASING, SELL-
 ING OR OTHERWISE DISPOSING OF A JOINT COUNTY DETENTION  FACILITY  ESTAB-
 LISHED  IN  ACCORDANCE WITH SECTION TWO HUNDRED EIGHTEEN-A OF THE COUNTY
 LAW.
   § 2. Subdivision 1 of section 1680 of the public  authorities  law  is
 amended by adding a new undesignated paragraph to read as follows:
   ANY  NOT-FOR-PROFIT  CORPORATION FORMED PURSUANT TO AN INTER-MUNICIPAL
 AGREEMENT AMONG TWO OR MORE COUNTIES WITHIN THIS STATE  TO  ASSIST  SAID
 COUNTIES IN ACQUIRING, FINANCING, CONSTRUCTING, RECONSTRUCTING, REMODEL-
 ING, ENLARGING, ALTERING, REPAIRING, OPERATING, MANAGING, LEASING, SELL-
 ING  OR  OTHERWISE DISPOSING OF A JOINT COUNTY DETENTION FACILITY ESTAB-
 LISHED IN ACCORDANCE WITH SECTION TWO HUNDRED EIGHTEEN-A OF  THE  COUNTY
 LAW.
   §  3.  Subdivision  2 of section 1680 of the public authorities law is
 amended by adding a new paragraph l to read as follows:
   1. (1) FOR PURPOSES OF THIS SECTION, THE  FOLLOWING  PROVISIONS  SHALL
 APPLY TO THE POWERS IN CONNECTION WITH THE PROVISION OF DETENTION FACIL-
 ITIES CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR BY SUCH
 OFFICE IN CONJUNCTION WITH THE STATE COMMISSION OF CORRECTION, INCLUDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15827-02-8

 S. 8808--A                          2
 
 ANY  JOINT  COUNTY  DETENTION  FACILITY  ESTABLISHED  IN ACCORDANCE WITH
 SECTION TWO HUNDRED EIGHTEEN-A OF THE COUNTY LAW, OR FOR  THE  PROVISION
 OF  RESIDENTIAL FACILITIES LICENSED BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES INCLUDING ALL NECESSARY AND USUAL ATTENDANT AND RELATED FACILI-
 TIES AND EQUIPMENT.
   (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE OFFICE OF CHILDREN
 AND  FAMILY  SERVICES,  THE  DIVISION  OF THE BUDGET, ANY COUNTY AND ANY
 ENTITY AS LISTED ABOVE SHALL HAVE FULL POWER AND AUTHORITY TO ENTER INTO
 SUCH AGREEMENTS WITH THE DORMITORY AUTHORITY AS ARE NECESSARY OR  USEFUL
 TO   FINANCE   AND/OR  CONSTRUCT  DETENTION  OR  RESIDENTIAL  FACILITIES
 DESCRIBED ABOVE, INCLUDING WITHOUT LIMITATION, SUCH AGREEMENTS THAT  MAY
 PROVIDE  FOR  OR WARRANT THE UNINTERRUPTED PROVISION OF FEES AND AMOUNTS
 NECESSARY TO PAY DEBT SERVICE ON ANY OBLIGATIONS ISSUED BY THE DORMITORY
 AUTHORITY FOR SAME, AND TO ASSIGN AND PLEDGE TO THE DORMITORY AUTHORITY,
 ANY AND ALL PUBLIC FUNDS TO BE APPORTIONED OR OTHERWISE MADE PAYABLE  BY
 THE  UNITED STATES, ANY AGENCY THEREOF, THE STATE, ANY AGENCY THEREOF, A
 POLITICAL SUBDIVISION, AS DEFINED IN SECTION ONE HUNDRED OF THE  GENERAL
 MUNICIPAL  LAW,  ANY  SOCIAL SERVICES DISTRICT IN THE STATE OR ANY OTHER
 GOVERNMENTAL ENTITY  IN  AN  AMOUNT  SUFFICIENT  TO  MAKE  ALL  PAYMENTS
 REQUIRED  TO  BE MADE BY ANY SUCH ENTITY AS LISTED ABOVE PURSUANT TO ANY
 LEASE, SUBLEASE,  PLEDGE  AGREEMENT  OR  OTHER  AGREEMENT  ENTERED  INTO
 BETWEEN  ANY  SUCH  ENTITY AS LISTED ABOVE, ANY COUNTY AND THE DORMITORY
 AUTHORITY; ANY  SUCH  AGREEMENT  SHALL  NOT  CONSTITUTE  INDEBTNESS  FOR
 PURPOSES OF THE STATE CONSTITUTION OR SECTION 20.00 OF THE LOCAL FINANCE
 LAW,  AND SHALL NOT BE DEEMED EITHER EXECUTORY OR TO CREATE ANY CONTRAC-
 TUAL OBLIGATION IN EXCESS OF THE AMOUNTS APPROPRIATED ANNUALLY FOR  SUCH
 PURPOSE. ALL STATE AND LOCAL OFFICERS ARE HEREBY AUTHORIZED AND REQUIRED
 TO PAY ALL SUCH FUNDS SO ASSIGNED AND PLEDGED TO THE DORMITORY AUTHORITY
 OR, UPON THE DIRECTION OF THE DORMITORY AUTHORITY, TO ANY TRUSTEE OF ANY
 DORMITORY AUTHORITY BOND OR NOTE ISSUED, PURSUANT TO A CERTIFICATE FILED
 WITH ANY SUCH STATE OR LOCAL OFFICER BY THE DORMITORY AUTHORITY PURSUANT
 TO THE PROVISIONS OF THIS SECTION.
   § 4. This act shall take effect immediately.

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