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1991 NY Att'y Gen. Rep. & Op. 1 (1991)

handle is hein.nyattgen/nysag0106 and id is 1 raw text is: OPINIONS
OF THE NEW YORK STATE
ATTORNEY GENERAL
Opn. No. F 91-1
GENERAL MUNICIPAL LAW, ART 5-G; L 1974, Ch 236; L 1971, Ch 62; L 1970,
Ch 331; L 1964, Ch 355; L 1963, Ch 15; L 1960, Ch 102.
Article 5.G of the General Municipal Law authorizes the establish-
ment of regional jails through municipal cooperation agreements.
You have requested a formal opinion as to whether article 5-G
of the General Municipal Law, providing for municipal cooperation
agreements, authorizes the establishment of a regional jail.
You have described a regional jail as a jail operated jointly by
one or more counties. You indicated that the Commission has
proposed legislation to authorize regional jails under the premise
that article 5-G of the General Municipal Law requires specific
statutory provisions for each particular service or facility to be
jointly provided or maintained. You have found that the legisla-
tive history underlying article 5-G indicates the need for specific
implementing legislation.
Article 5-G broadly empowers municipal corporations and dis-
tricts to enter into agreements for the performance among them-
selves or one for the other of their respective functions, powers and
duties on a cooperative or contract basis or for the provision of a
joint service or a joint water, sewage or drainage project. General
Municipal Law §119-o(1). Joint service is defined as the joint
provision of any municipal service, activity, etc. or joint exercise
of any function or power which each municipality possesses. Id.,
§1l9-n(c).

1 AG 4-30-91

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