S T A T E O F N E W Y O R K
________________________________________________________________________
4183
2009-2010 Regular Sessions
I N S E N A T E
April 15, 2009
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Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions
AN ACT to amend the public authorities law, in relation to employee
non-disclosure agreements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public authorities law is amended by adding a new
section 2852 to read as follows:
S 2852. EMPLOYEE NON-DISCLOSURE AGREEMENTS. IT SHALL BE UNLAWFUL FOR
ANY PUBLIC AUTHORITY AS DEFINED IN SECTION TWO OF THIS CHAPTER TO ENTER
INTO ANY CONTRACT OR AGREEMENT WITH ANY MEMBER OF THE BOARD, OFFICER OR
EMPLOYEE EITHER AS A CONDITION OF EMPLOYMENT OR OTHERWISE, TO REFUSE TO
DISCLOSE ANY INFORMATION RECEIVED OR LEARNED BY SUCH MEMBER OF THE
BOARD, OFFICER OR EMPLOYEE IN THE COURSE OF HIS OR HER EMPLOYMENT EXCEPT
SUCH INFORMATION AS SUCH PUBLIC AUTHORITY HAS DETERMINED THAT IT WOULD
DENY ACCESS TO IN ITS PUBLISHED RULES IN ACCORDANCE WITH SUBDIVISION TWO
OF SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW. NO PUBLIC AUTHORITY
SHALL MAKE ANY ATTEMPT PUBLIC OR PRIVATE, BY JUDICIAL ACTION OR OTHER-
WISE, TO ENFORCE ANY SUCH CONTRACT OR AGREEMENT WHETHER SUCH CONTRACT OR
AGREEMENT WAS MADE BEFORE OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06731-01-9