Bill Text: NY S00545 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits confidentiality and non-disclosure provisions from inclusion in contracts pertaining to economic development, entered into by the state or a municipality or any party negotiating on behalf of such governmental entity.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2024-03-27 - referred to governmental operations [S00545 Detail]

Download: New_York-2023-S00545-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           545

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 5, 2023
                                       ___________

        Introduced  by  Sens.  GIANARIS,  COMRIE,  MAY,  RAMOS -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Corporations, Authorities and Commissions

        AN ACT to amend the urban development corporation act, the state finance
          law,  the  general  municipal law and the economic development law, in
          relation to prohibiting confidentiality and non-disclosure  provisions
          from  inclusion  in  certain  contracts entered into by the state or a
          municipality

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 1 of chapter 174 of the laws of 1968, constituting
     2  the urban development corporation  act,  is  amended  by  adding  a  new
     3  section 11-a to read as follows:
     4    §  11-a.  Non-disclosure agreements; prohibitions. Notwithstanding any
     5  other provision of law to the contrary, no agreement or contract entered
     6  into by the state or any instrumentality thereof, any party  negotiating
     7  on behalf of such governmental entity, any municipality or public corpo-
     8  ration  for  projects,  including  but  not  limited  to tax incentives,
     9  payments in lieu of taxes, tax abatements, bonds, notes,  loans,  grants
    10  or  rebates,  shall  contain  any  provision,  clause  or  language that
    11  provides that the contract or agreement or any of its terms  are  confi-
    12  dential  or that the parties to the agreement or contract are prohibited
    13  from disclosing, discussing, describing or commenting upon the terms  of
    14  the agreement or contract.
    15    §  2.  The state finance law is amended by adding a new section 149 to
    16  read as follows:
    17    § 149. Non-disclosure agreements;  prohibitions.  Notwithstanding  any
    18  other provision of law to the contrary, no agreement or contract entered
    19  into  by  the state or any state agency or public authority for economic
    20  development, or any party negotiating on  behalf  of  such  governmental
    21  entity, including but not limited to tax incentives, payments in lieu of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02056-02-3
        S. 545                              2

     1  taxes,  tax  abatements,  bonds,  notes, loans, grants or rebates, shall
     2  contain any  provision,  clause  or  language  that  provides  that  the
     3  contract  or  agreement or any of its terms are confidential or that the
     4  parties  to  the  agreement  or contract are prohibited from disclosing,
     5  discussing, describing or commenting upon the terms of the agreement  or
     6  contract.
     7    § 3. The general municipal law is amended by adding a new section 99-z
     8  to read as follows:
     9    §  99-z.  Non-disclosure agreements; prohibitions. Notwithstanding any
    10  other provision of law to the contrary, no agreement or contract entered
    11  into by a municipal corporation, political subdivision, any party  nego-
    12  tiating on behalf of such governmental entity, public authority or local
    13  authority  for  economic  development,  including but not limited to tax
    14  incentives, payments in lieu of taxes,  tax  abatements,  bonds,  notes,
    15  loans,  grants  or  rebates,  shall  contain  any  provision,  clause or
    16  language that provides that the contract or  agreement  or  any  of  its
    17  terms  are confidential or that the parties to the agreement or contract
    18  are prohibited from disclosing,  discussing,  describing  or  commenting
    19  upon the terms of the agreement or contract.
    20    §  4.  The economic development law is amended by adding a new section
    21  107 to read as follows:
    22    § 107. Non-disclosure agreements;  prohibitions.  Notwithstanding  any
    23  other provision of law to the contrary, no agreement or contract entered
    24  into  by the state or any instrumentality thereof, any party negotiating
    25  on behalf of such governmental entity, any municipality or public corpo-
    26  ration for economic development, including but not limited to tax incen-
    27  tives, payments in lieu of taxes, tax abatements, bonds,  notes,  loans,
    28  grants  or rebates, shall contain any provision, clause or language that
    29  provides that the contract or agreement or any of its terms  are  confi-
    30  dential  or that the parties to the agreement or contract are prohibited
    31  from disclosing, discussing, describing or commenting upon the terms  of
    32  the agreement or contract.
    33    § 5. This act shall take effect immediately.