Senate Bill S1147A

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

                                 1147--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

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
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

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

                                                           LBD01670-03-4

S. 1147--A                          2

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, 2015.