NY State Senate Bill 2023-S2509

Senate Bill S2509

2023-2024 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

Current Bill Status - In Senate Committee Procurement And Contracts 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to procurement and contracts
Jan 23, 2023	referred to procurement and contracts

2023-S2509 (ACTIVE) - Details

See Assembly Version of this Bill:: A3706
Current Committee:: Senate Procurement And Contracts
Law Section:: State Finance Law
Laws Affected:: Amd §163, St Fin L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5335, A4934
2021-2022: S5587, A4440

2023-S2509 (ACTIVE) - Summary

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

2023-S2509 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2509

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit state agencies from including confidential clauses in state
contracts.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Paragraph A of subdivision 3 f 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 coun-
cil, 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 on hundred
forty-two of the economic development law.

 
JUSTIFICATION:

Government Contracts are considered public record. Under the Right to
Know Law the public has a right to public records through the Freedom of
Information Act (FOIA). Including confidential. clauses in public
contracts undermine taxpayer's rights to public knowledge. This bill
will allow the public to gain access of state contracts without redact-
ing or limiting information from state records.

 
LEGISLATIVE HISTORY:

2022: S5587 Comrie/ A4440 Abinanti

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date upon which it shall have become a law; provided, however, that the
amendments to section 163 for the state finance law made by section one
of this act shall not affect the repeal of such section and shall be 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.

2023-S2509 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2509
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  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.
                                                            LBD04303-01-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.