Senate Bill S1165

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1165--A                                             A. 900--A

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             January 5, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sens. BRESLIN, SAMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Judiciary  --  recommitted to the Committee on Judiciary in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

IN  ASSEMBLY  -- Introduced by M. of A. McENENY -- Multi-Sponsored by --
  M. of A. COLTON -- read once and referred to the Committee on  Judici-
  ary  --  recommitted  to the Committee on Judiciary in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general obligations law and the state  finance  law,
  in relation to imposing certain contractual obligations upon the state

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general obligations law is  amended  by  adding  a  new
section 5-337 to read as follows:
  S  5-337. APPROVAL OF CONTRACTS BY THE COMPTROLLER AND THE LEGISLATURE
REQUIRED.  EVERY  UNDERTAKING  OR  PROMISE,  WHETHER  WRITTEN  OR  ORAL,
EXPRESSED  OR  IMPLIED,  CONSTITUTING  OR  CONTAINED, IN ANY CONTRACT OR
AGREEMENT BETWEEN ANY PERSON, FIRM, COMPANY, ASSOCIATION OR CORPORATION,
WHICH INVOLVES THE RELOCATION ACROSS COUNTY  LINES  OF  SEVENTY-FIVE  OR
MORE  PUBLIC  EMPLOYEES OR A COMBINATION OF PUBLIC AND PRIVATE EMPLOYEES
WHO ARE PERFORMING A PUBLIC FUNCTION SHALL BE    NULL  AND  VOID  UNLESS
SPECIFICALLY APPROVED BY  (A) THE COMPTROLLER AND (B) THE STATE LEGISLA-
TURE BY CONCURRENT RESOLUTION DULY ADOPTED, IN THAT ORDER.
  S  2. Subdivision 2 of section 112 of the state finance law is amended
by adding a new paragraph (c) to read as follows:
  (C) BEFORE ANY CONTRACT MADE FOR, OR BY ANY STATE AGENCY,  DEPARTMENT,
BOARD,  OFFICER,  COMMISSION  OR INSTITUTION SHALL BE EXECUTED OR BECOME
EFFECTIVE,  WHENEVER  SUCH   CONTRACT   INVOLVES   THE   RELOCATION   OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00751-02-1
              

S. 1165--A                          2                          A. 900--A

SEVENTY-FIVE  OR  MORE  STATE EMPLOYEES, OR SEVENTY-FIVE OR MORE PRIVATE
SECTOR EMPLOYEES PERFORMING A PUBLIC  FUNCTION  OR  ANY  COMBINATION  OF
SEVENTY-FIVE  OR  MORE  PUBLIC AND PRIVATE EMPLOYEES PERFORMING A PUBLIC
FUNCTION,  IT  SHALL  FIRST BE APPROVED BY THE COMPTROLLER AND  THEN THE
STATE LEGISLATURE BY CONCURRENT RESOLUTION DULY ADOPTED AND FILED IN THE
OFFICE OF THE STATE COMPTROLLER, PROVIDED, HOWEVER, THAT THE COMPTROLLER
SHALL MAKE A FINAL WRITTEN DETERMINATION WITH  RESPECT  TO  APPROVAL  OF
SUCH  CONTRACT WITHIN NINETY DAYS OF THE  SUBMISSION OF SUCH CONTRACT TO
HIS OR HER OFFICE, UNLESS THE COMPTROLLER CAN JUSTIFY, IN WRITING TO THE
ENTITY THAT SUBMITTED THE CONTRACT, GOOD CAUSE FOR AN EXTENSION  NOT  TO
EXCEED FIFTEEN DAYS, OR REASONABLE PERIOD OF TIME AGREED TO BY THE ENTI-
TY THAT SUBMITTED THE CONTRACT, FURTHER, THAT SUCH WRITTEN DETERMINATION
OR  EXTENSION  SHALL  BE MADE PART OF THE PROCUREMENT RECORD PURSUANT TO
PARAGRAPH F OF SUBDIVISION ONE OF SECTION  ONE  HUNDRED  SIXTY-THREE  OF
THIS CHAPTER.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2012.