NY State Senate Bill 2021-S5587

Senate Bill S5587

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

Archive: Last 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to procurement and contracts
Mar 11, 2021	referred to procurement and contracts

2021-S5587 (ACTIVE) - Details

See Assembly Version of this Bill:: A4440
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
2023-2024: S2509, A3706

2021-S5587 (ACTIVE) - Summary

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

2021-S5587 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5587

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:

New Bill.

 
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.

2021-S5587 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5587
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2021
                                ___________
 
 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.
                                                            LBD01689-01-1

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