STATE OF NEW YORK ________________________________________________________________________ 3706 2023-2024 Regular Sessions IN ASSEMBLY February 7, 2023 ___________ Introduced by M. of A. EPSTEIN -- 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: 1 Section 1. Paragraph a of subdivision 3 of section 163 of the state 2 finance law is amended by adding a new subparagraph (viii) to read as 3 follows: 4 (viii) Consistent with guidelines issued by the state procurement 5 council, no state agency shall include any confidential clauses in 6 contracts with the state. As used in this subparagraph "confidential 7 clause" includes any clause not made available to the public through the 8 procurement opportunities newsletter described in section one hundred 9 forty-two of the economic development law. 10 § 2. This act shall take effect on the first of January next succeed- 11 ing the date upon which it shall have become a law; provided, however, 12 that the amendments to section 163 of the state finance law made by 13 section one of this act shall not affect the repeal of such section and 14 shall be deemed to be repealed therewith. Effective immediately the 15 addition, amendment and/or repeal of any rule or regulation necessary 16 for the implementation of this act on its effective date are authorized 17 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