Intro. No. _128-19 RESOLUTION NO. ________________ Page _1__ of_3__ pages
County
Attorney_______
ADOPTION OF LOCAL LAW INTRO.
NO. 2-2019, PRINT NO.1, A LOCAL LAW DECLARING THE OPIOID EPIDEMIC AND ITS EFFECTS
ON ALLEGANY COUNTY A PUBLIC NUISANCE AND FURTHER ESTABLISHING A COST RECOVERY
PROCEDURE FOR THE COUNTY’S EXPENDITURES INCURRED IN PROVIDING SERVICES RELATED
TO THE OPIOID EPIDEMIC
Offered by: Ways & Means Committee
RESOLVED:
1. That proposed Local Law, Intro. No.
2-2019, Print No. 1, is adopted without any change in language, to wit:
COUNTY OF ALLEGANY
Intro.
No. 2-2019 Print No. 1
A LOCAL LAW DECLARING THE OPIOID EPIDEMIC AND ITS EFFECTS ON
ALLEGANY COUNTY A PUBLIC NUISANCE AND FURTHER ESTABLISHING A COST RECOVERY
PROCEDURE FOR THE COUNTY’S EXPENDITURES INCURRED IN PROVIDING SERVICES RELATED
TO THE OPIOID EPIDEMIC
BE IT ENACTED by
the Board of Legislators of Allegany County, State of New York, as follows:
SECTION
1. Purpose and Intent.
The
opioid epidemic is sweeping the country.
Indeed, addiction to and abuse of opioids is one of the greatest
challenges facing Allegany County, New York, (the “County”). A cause of this increasing crisis is the
overabundance of prescription opioids.
Vast amounts of prescription opioids were sold, distributed, and
prescribed in the County over the past several years, a practice that continues
today. The selling, distributing, and
prescribing of large amounts of opioids in our community has created a public
health and safety hazard affecting the residents of the County. This crisis has devastated families, wreaked
havoc on our economy, and produced a generation of narcotic dependence. As a result of the opioid epidemic, costs
related to healthcare, family and social services, criminal justice, addiction
and rehabilitation, and many other areas have significantly increased. Many of these costs are paid by the County.
The
purpose and intent of this legislation is to allow the County to recover these
costs, despite the existence of the common-law municipal cost recovery rule
(a.k.a. free public services doctrine) and declare the opioid epidemic and its
effects on the County a public nuisance.
Specifically, the County provides services related to the opioid
epidemic, which are funded by tax revenues.
This statute clarifies that reimbursement may be sought for the costs of
providing such services, whenever practicable, from the responsible party.
To accomplish this, the County
establishes this cost recovery procedure and declares the opioid epidemic and
its effects on the County a public nuisance.
SECTION 2. Definitions.
“Costs” means all expenditures
related to the opioid epidemic that directly or indirectly arise from the
County’s response to a responsible party’s action or inaction.
“Responsible party” means any person
or corporation whose negligent, intentional, or otherwise wrongful conduct
causes the incident resulting in the County incurring costs or who is found
liable or made responsible by a court for the costs incurred by the County in
the form of damages, regardless of the cause of action.
SECTION 3. Governmental Function Cost Recovery.
The County may recover the costs of
governmental functions related to opioids marketed, sold, manufactured,
dispensed, prescribed, and/or distributed by the responsible party. If a responsible party fails to pay the costs
demanded, the County may initiate and recover costs through administrative,
civil, and/or criminal action against the responsible party. In that case, the County may also recover
attorney’s fees, interest, and any other payment or type of damages the court
deems proper.
SECTION 4. Effect of Criminal or Civil Proceedings on
Governmental Function Cost Recovery.
The initiation of administrative or
civil proceedings for governmental function cost recovery does not bar the
criminal prosecution of a responsible party for any associated violation. Similarly, criminal prosecution does not bar
civil collection of costs for the violation giving rise to the criminal
prosecution.
SECTION 5. Public Nuisance.
The County hereby finds and declares
the following:
1.
That addiction to and abuse of
opioids is one of the greatest challenges facing the County;
2.
A cause of this increasing crisis is
the overabundance of prescription opioids.
Vast amounts of prescription opioid pain pills were sold, distributed,
and prescribed in the County over the past several years, which practice
continues today;
3.
There is evidence showing that
approximately four in five heroin users began their addiction by first using
and then misusing prescription pain medications containing opioids;
4.
The selling, distributing, and
prescribing of large amounts of opioid pain pills in the County has created a
public health and safety hazard affecting the residence of the County,
resulting in devastation to County families, a negative effect on the County
economy, wasted public resources, and a generation of narcotic dependence;
5.
That selling, distributing, and
prescribing of prescription opioid pain pills is a hazard to public health and
safety, which has created a public nuisance to the citizens of the County, and
said nuisance remains unabated;
6.
That, in addition to all other
powers and duties now conferred by law upon the County, the County is
authorized to enact ordinances, issue orders, and take other appropriate and
necessary actions for the elimination of hazards to public health and safety
and to abate or cause to be abated anything which the commission determines to
be a public nuisance;
7.
That manufacturers of prescription
opioids and those in the chain of distribution have wrongfully abused the
privilege of selling and/or providing medication to our residents and must be
held accountable; and
8.
That it is the duty of the County to
vindicate the rights of the citizens of the County and take action to abate
this public nuisance.
SECTION 6. Retroactive Application.
This Local Law applies
retroactively.
SECTION 7. Severability.
If any provision, clause, sentence,
or paragraph of this Local Law or the application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other
provisions of this Local Law which can be given effect without the valid
provision or application, and to this end the provisions of this Local Law are
declared to be severable.
SECTION 8. Effective Date.
This Local Law shall take effect
upon filing with the Secretary of State.
