Bill Text: NY S01907 | 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 2-0)

Status: (Engrossed) 2024-01-03 - REFERRED TO PROCUREMENT AND CONTRACTS [S01907 Detail]

Download: New_York-2023-S01907-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1907

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 17, 2023
                                       ___________

        Introduced  by  Sen.  COONEY -- 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 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06529-01-3
        S. 1907                             2

     1  damage  to tangible property caused by the negligence or willful miscon-
     2  duct of such person or such person's employees or agents; and
     3    4.  Any  term  or  condition that designates the law of a jurisdiction
     4  other than the state of New York as  the  law  governing  the  contract,
     5  except  for  terms  and conditions in contracts between the state or any
     6  department thereof with a sister state or the  federal  government  that
     7  designate  the  law of a jurisdiction other than, or in addition to, the
     8  state of New York.
     9    § 3. This act shall take effect immediately.