Full Text of HB2040 101st General Assembly
HB2040ham003 101ST GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 3/27/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2040
| 2 | | AMENDMENT NO. ______. Amend House Bill 2040, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Private Detention Facility Moratorium Act. | 7 | | Section 5. Legislative findings. The General Assembly | 8 | | hereby finds and declares that the management and operation of | 9 | | any detention facility involves functions that are inherently | 10 | | governmental. Detention requires the exercise of coercive | 11 | | police powers over individuals that should not be delegated to | 12 | | the private sector and is distinguishable from privatization in | 13 | | other areas of government. It is further found that issues of | 14 | | liability, accountability, and cost warrant a prohibition of | 15 | | the ownership, operation, or management of detention | 16 | | facilities by private contractors within the State to the |
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| 1 | | fullest extent permitted under State law. | 2 | | Section 10. Definitions. In this Act: | 3 | | "Detention facility" means any building, facility, or | 4 | | structure used to detain individuals, not including State work | 5 | | release centers or juvenile or adult residential treatment | 6 | | facilities. | 7 | | Section 15. Certain agreements and incentives prohibited. | 8 | | Neither the State, nor any unit of local government, any county | 9 | | sheriff, or any agency, officer, employee, or agent thereof, | 10 | | shall: | 11 | | (1) enter into an agreement of any kind for the detention | 12 | | of individuals in a detention facility owned, managed, or | 13 | | operated, in whole or in part, by a private entity; | 14 | | (2) pay, reimburse, subsidize, or defray in any way any | 15 | | costs related to the sale, purchase, construction, | 16 | | development, ownership, management, or operation of a | 17 | | detention facility that is or will be owned, managed, or | 18 | | operated, in whole or in part, by a private entity; | 19 | | (3) receive per diem, per detainee, or any other payment | 20 | | related to the detention of individuals in a detention facility | 21 | | owned, managed, or operated, in whole or in part, by a private | 22 | | entity; or | 23 | | (4) otherwise give any financial incentive or benefit to | 24 | | any private entity or person in connection with the sale, |
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| 1 | | purchase, construction, development, ownership, management, or | 2 | | operation of a detention facility that is or will be owned, | 3 | | managed, or operated, in whole or in part, by a private entity. | 4 | | Section 20. Exemptions. This Act does not prohibit the | 5 | | State, a unit of local government, or any sheriff that owns, | 6 | | manages, or operates a detention facility from contracting with | 7 | | a private entity or person to provide ancillary services in | 8 | | that facility, such as, medical services, food service, | 9 | | educational services, or facility repair and maintenance. | 10 | | Section 25. Applicability. In case of any conflict between | 11 | | this Act and any other law, this Act shall control. | 12 | | Section 997. Severability. The provisions of this Act are | 13 | | severable under Section 1.31 of the Statute on Statutes.
| 14 | | Section 999. Effective date. This Act takes effect upon | 15 | | becoming law.".
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