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Senate Bill S5335

2019-2020 Legislative Session

Prohibits the inclusion of confidential clauses in contracts entered into for the purchase of services or commodities by the state

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2019-S5335 (ACTIVE) - Details

See Assembly Version of this Bill:
A4934
Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Amd §163, St Fin L
Versions Introduced in Other Legislative Sessions:
2021-2022: S5587, A4440
2023-2024: S2509, A3706
2025-2026: S3775, A6838

2019-S5335 (ACTIVE) - Summary

Prohibits the inclusion of confidential clauses in contracts entered into for the purchase of services or commodities by the state.

2019-S5335 (ACTIVE) - Sponsor Memo

2019-S5335 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5335
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law, in relation  to  prohibiting  the
   inclusion  of  confidential  clauses in contracts entered into for the
   purchase of services or commodities by the state

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  a of subdivision 3 of section 163 of the state
 finance law is amended by adding a new subparagraph (viii)  to  read  as
 follows:
   (VIII)  CONSISTENT  WITH  GUIDELINES  ISSUED  BY THE STATE PROCUREMENT
 COUNCIL, NO STATE AGENCY  SHALL  INCLUDE  ANY  CONFIDENTIAL  CLAUSES  IN
 CONTRACTS  WITH  THE  STATE.  AS USED IN THIS SUBPARAGRAPH "CONFIDENTIAL
 CLAUSE" INCLUDES ANY CLAUSE NOT MADE AVAILABLE TO THE PUBLIC THROUGH THE
 PROCUREMENT OPPORTUNITIES NEWSLETTER DESCRIBED IN  SECTION  ONE  HUNDRED
 FORTY-TWO OF THE ECONOMIC DEVELOPMENT LAW.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law;  provided,  however,
 that  the  amendments  to  section  163 of the state finance law made by
 section one of this act shall not affect the repeal of such section  and
 shall  be  deemed  to  be  repealed therewith. Effective immediately the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such date.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08638-01-9

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