N.Y. General Municipal Law § 469: Approval of attorney general and other state officials

§ 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.