Assembly Bill A4440

2021-2022 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A4440 (ACTIVE) - Details

See Senate Version of this Bill:
S5587
Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Amd §163, St Fin L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4934, S5335
2023-2024: A3706, S2509

2021-A4440 (ACTIVE) - Summary

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

2021-A4440 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4440
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Governmental Operations
 
 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.
                                                            LBD01689-01-1



              

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