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This entry was published on 2014-09-22
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SECTION 103-B
Disqualification to contract with municipal corporations and fire districts
General Municipal (GMU) CHAPTER 24, ARTICLE 5-A
§ 103-b. Disqualification to contract with municipal corporations and
fire districts. Any person who, when called before a grand jury, head
of a state department, temporary state commission or other state agency,
the organized crime task force in the department of law, head of a city
department or other city agency, which is empowered to compel the
attendance of witnesses and examine them under oath, to testify in an
investigation concerning any transaction or contract had with the state,
any political subdivision thereof, a public authority, or with a public
department, agency or official of the state or of any political
subdivision thereof or of a public authority, refuses to sign a waiver
of immunity against subsequent criminal prosecution or to answer any
relevant question concerning such transaction or contract, and any firm,
partnership or corporation of which he is a member, partner, director or
officer shall be disqualified from thereafter selling to or submitting
bids to or receiving awards from or entering into any contracts with any
municipal corporation or fire district, or with any public department,
agency or official thereof, for goods, work or services, for a period of
five years after such refusal or until a disqualification shall be
removed pursuant to the provisions of section one hundred three-c of
this article.

It shall be the duty of the officer conducting the investigation
before the grand jury, the head of a state department, the chairman of
the temporary state commission or other state agency, the organized
crime task force in the department of law, the head of a city department
or other city agency before which the refusal occurs to send notice of
such refusal, together with the names of any firm, partnership or
corporation of which the person so refusing is known to be a member,
partner, officer or director, to the commissioner of transportation of
the state of New York and the appropriate departments, agencies and
officials of the state, political subdivisions thereof or public
authorities with whom the person so refusing and any firm, partnership
or corporation of which he is a member, partner, director or officer, is
known to have a contract. However, when such refusal occurs before a
body other than a grand jury, notice of refusal shall not be sent for a
period of ten days after such refusal occurs. Prior to the expiration of
this ten day period, any person, firm, partnership or corporation which
has become liable to the cancellation or termination of a contract or
disqualification to contract on account of such refusal may commence a
special proceeding at a special term of the supreme court, held within
the judicial district in which the refusal occurred, for an order
determining whether the questions in response to which the refusal
occurred were relevant and material to the inquiry. Upon the
commencement of such proceeding, the sending of such notice of refusal
to answer shall be subject to order of the court in which the proceeding
was brought in a manner and on such terms as the court may deem just. If
a proceeding is not brought within ten days, notice of refusal shall
thereupon be sent as provided herein.