Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 469
Approval of attorney general and other state officials
General Municipal (GMU) CHAPTER 24, ARTICLE 14-G
§ 469. Approval of attorney general and other state officials. Prior
to and as a condition precedent to its entry into force,

1. An interlocal agreement or any amendment thereto shall be submitted
to the attorney general, who shall determine whether the agreement or
amendment is in proper form and compatible with the laws and public
policy of this state. The attorney general shall approve the interlocal
agreement or amendment unless he shall find that it does not meet the
conditions and requirements set forth herein. He shall report in writing
to the governing boards of the contracting public agencies the specific
respects in which the proposed agreement or amendment fails to meet the
conditions or requirements of law or of public policy. The failure of
the attorney general to disapprove an interlocal agreement or amendment
within ninety days after receipt of the approvals required by
subdivision two of this section, or within such longer period as shall
be consented to by the contracting public agencies, shall constitute
approval thereof.

2. In the event that an interlocal agreement or amendment thereto
shall deal in whole or in part with the receiving, obtaining, providing
or furnishing of services, facilities, personnel, equipment, or other
property or resources, or the engaging in or performance of functions or
activities with regard to which the attorney general shall certify that
a department, officer or agency of this state has constitutional or
statutory responsibilities, powers, functions or duties or acts as agent
of the state in connection with any federal or interstate program, the
agreement or amendment shall be submitted to such department, officer or
agency, and shall be approved or disapproved by it or him as to all
matters within its or his jurisdiction. This approval shall be subject
to the same requirements governing the action of the attorney general
under subdivision one of this section. This requirement of submission
and approval shall be in addition to and not in substitution for the
requirement of submission to and approval by the attorney general.

3. A legal opinion or opinions must be submitted to the attorney
general, in such form as shall be prescribed or approved by him,
concerning the authority of the contracting public agency or agencies of
the other state or states to enter into the interlocal agreement or any
amendment thereto.

4. A copy of the interlocal agreement and of any amendment thereto,
certified by the clerk or other appropriate officer of the governing
board of the contracting public agency of this state, shall be filed
with the county clerk of each of the counties of this state in which
such contracting public agency is located; and another copy, similarly
certified, shall be filed with the secretary of state of this state.