Senate Bill S5304

2021-2022 Legislative Session

Relates to posting the names of individuals who are authorized to sign state contracts

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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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Bill Amendments

2021-S5304 - Details

Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Amd §110, add §139-m, St Fin L
Versions Introduced in 2023-2024 Legislative Session:
S1907

2021-S5304 - Summary

Relates to posting the names of individuals who are authorized to sign state contracts; eliminates unfavorable terms in state contracts.

2021-S5304 - Sponsor Memo

2021-S5304 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5304
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Procurement  and
   Contracts
 
 AN  ACT to amend the state finance law, in relation to posting the names
   of individuals who are authorized to sign state contracts  and  elimi-
   nating unfavorable terms in state contracts

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 110 of the state finance law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. EACH DEPARTMENT THAT MAINTAINS A PUBLIC  WEBSITE  SHALL  PUBLICLY
 POST  AND MAINTAIN A WEBPAGE ON THAT WEBSITE SHOWING THE CURRENT LIST OF
 THE NAMES OF THE INDIVIDUALS  WHOM  THE  DEPARTMENT  HAS  AUTHORIZED  TO
 EXECUTE  CONTRACTS ON BEHALF OF THE DEPARTMENT, WHICH THE DEPARTMENT HAS
 FILED WITH THE COMPTROLLER PURSUANT TO SUBDIVISION ONE OF THIS  SECTION.
 SUCH  POSTING SHALL PROVIDE CLEAR NOTICE TO THE PUBLIC OF THOSE INDIVID-
 UALS WHO ARE AUTHORIZED TO EXECUTE CONTRACTS TO WHICH THE DEPARTMENT  OR
 THE STATE IS A PARTY.
   § 2. The state finance law is amended by adding a new section 139-m to
 read as follows:
   §  139-M.  TERMS  AND  CONDITIONS IN CONTRACTS THAT SHALL BE VOID. THE
 FOLLOWING TERMS OR CONDITIONS IN ANY CONTRACT ENTERED INTO BY THE  STATE
 OR ANY DEPARTMENT THEREOF SHALL BE VOID AND UNENFORCEABLE:
   1.  ANY TERM OR CONDITION THAT REQUIRES THE STATE OR THE DEPARTMENT TO
 INDEMNIFY OR HOLD HARMLESS ANOTHER PERSON, EXCEPT AS  OTHERWISE  AUTHOR-
 IZED BY LAW;
   2.  ANY  TERM  OR  CONDITION  WHICH PURPORTS TO RESERVE A RIGHT TO THE
 CONTRACTOR TO UNILATERALLY AMEND, REVISE, OR ADD TO THE TERMS AND CONDI-
 TIONS WITHOUT THE CONSENT OF THE STATE OR THE DEPARTMENT;
   3. ANY TERM OR CONDITION BY WHICH THE STATE OR THE  DEPARTMENT  AGREES
 TO  LIMIT  THE  LIABILITY OF ANOTHER PERSON FOR BODILY INJURY, DEATH, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2021-S5304A (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Amd §110, add §139-m, St Fin L
Versions Introduced in 2023-2024 Legislative Session:
S1907

2021-S5304A (ACTIVE) - Summary

Relates to posting the names of individuals who are authorized to sign state contracts; eliminates unfavorable terms in state contracts.

2021-S5304A (ACTIVE) - Sponsor Memo

2021-S5304A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5304--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Procurement  and
   Contracts -- recommitted to the Committee on Procurement and Contracts
   in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the state finance law, in relation to posting the  names
   of  individuals  who are authorized to sign state contracts and elimi-
   nating unfavorable terms in state contracts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 110 of the state finance law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A.  EACH  DEPARTMENT  THAT MAINTAINS A PUBLIC WEBSITE SHALL PUBLICLY
 POST AND MAINTAIN A WEBPAGE ON THAT WEBSITE SHOWING THE CURRENT LIST  OF
 THE  NAMES  OF  THE  INDIVIDUALS  WHOM  THE DEPARTMENT HAS AUTHORIZED TO
 EXECUTE CONTRACTS ON BEHALF OF THE DEPARTMENT, WHICH THE DEPARTMENT  HAS
 FILED  WITH THE COMPTROLLER PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
 SUCH POSTING SHALL PROVIDE CLEAR NOTICE TO THE PUBLIC OF THOSE  INDIVID-
 UALS  WHO ARE AUTHORIZED TO EXECUTE CONTRACTS TO WHICH THE DEPARTMENT OR
 THE STATE IS A PARTY.
   § 2. The state finance law is amended by adding a new section 139-m to
 read as follows:
   § 139-M. TERMS AND CONDITIONS IN CONTRACTS THAT  SHALL  BE  VOID.  THE
 FOLLOWING  TERMS OR CONDITIONS IN ANY CONTRACT ENTERED INTO BY THE STATE
 OR ANY DEPARTMENT THEREOF SHALL BE VOID AND UNENFORCEABLE:
   1. ANY TERM OR CONDITION THAT REQUIRES THE STATE OR THE DEPARTMENT  TO
 INDEMNIFY  OR  HOLD HARMLESS ANOTHER PERSON, EXCEPT AS OTHERWISE AUTHOR-
 IZED BY LAW;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10226-02-2
 S. 5304--A                          2

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