Bill Text: NY A10373 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-21 - referred to governmental operations [A10373 Detail]

Download: New_York-2023-A10373-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10373

                   IN ASSEMBLY

                                      May 21, 2024
                                       ___________

        Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
          Bichotte Hermelyn) -- read once  and  referred  to  the  Committee  on
          Governmental Operations

        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:

     1    Section 1. Section 110 of the state finance law is amended by adding a
     2  new subdivision 1-a to read as follows:
     3    1-a. Each department that maintains a public  website  shall  publicly
     4  post  and maintain a webpage on that website showing the current list of
     5  the names of the individuals  whom  the  department  has  authorized  to
     6  execute  contracts on behalf of the department, which the department has
     7  filed with the comptroller pursuant to subdivision one of this  section.
     8  Such  posting shall provide clear notice to the public of those individ-
     9  uals who are authorized to execute contracts to which the department  or
    10  the state is a party.
    11    § 2. The state finance law is amended by adding a new section 139-m to
    12  read as follows:
    13    §  139-m.  Terms  and  conditions in contracts that shall be void. The
    14  following terms or conditions in any contract entered into by the  state
    15  or any department thereof shall be void and unenforceable:
    16    1.  Any term or condition that requires the state or the department to
    17  indemnify or hold harmless another person, except as  otherwise  author-
    18  ized by law;
    19    2.  Any  term  or  condition  which purports to reserve a right to the
    20  contractor to unilaterally amend, revise, or add to the terms and condi-
    21  tions without the consent of the state or the department;
    22    3. Any term or condition by which the state or the  department  agrees
    23  to  limit  the  liability of another person for bodily injury, death, or
    24  damage to tangible property caused by the negligence or willful  miscon-
    25  duct of such person or such person's employees or agents; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06529-01-3
        A. 10373                            2

     1    4.  Any  term  or  condition that designates the law of a jurisdiction
     2  other than the state of New York as  the  law  governing  the  contract,
     3  except  for  terms  and conditions in contracts between the state or any
     4  department thereof with a sister state or the  federal  government  that
     5  designate  the  law of a jurisdiction other than, or in addition to, the
     6  state of New York.
     7    § 3. This act shall take effect immediately.