BILL NUMBER: S373
SPONSOR: GIANARIS
 
TITLE OF BILL:
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 muni-
cipality
 
PURPOSE:
To ensure that private parties do not bind state officials with nondis-
closure provisions in negotiations and contracts, ensuring proper public
review.
 
SUMMARY OF PROVISIONS:
Section one of the bill amends chapter 174 of the laws of 1968, consti-
tuting the urban development corporation act, by adding a new § 11-a
prohibiting nondisclosure agreements in any such negotiations and
contracts.
Section two of the bill amends the state finance law, adding a new § 149
to prohibit nondisclosure provisions in negotiations and contracts
between the state, state agencies, and public authorities and outside
entities.
Section three of the bill amends the general municipal law, adding a new
§ 99-aa, prohibiting non-disclosure provisions in negotiations and
contracts between municipalities and outside entities.
Section four of the bill amends the economic development law, adding a
new § 107, prohibiting non-disclosure agreements in any such negoti-
ations and contracts.
Section five of the bill sets the effective date.
 
JUSTIFICATION:
Government entities negotiating away billions of taxpayer dollars in
secret is an affront to democracy and cannot be allowed. Taxpayers
deserve transparency when their state and local governments are spending
money on economic development deals. This legislation prohibits secrecy
around those deals, prohibiting the state, municipalities, state and
local agencies, and public authorities from entering into non-disclosure
agreements around competitive bids.
 
LEGISLATIVE HISTORY:
2024: S545 (Gianaris) PASSED SENATE / A211-A (Solages) died in govern-
mental operations
2023: S545 (Gianaris) PASSED SENATE / A211-A (Solages) died in govern-
mental operations
2022: S1196 (Gianaris) PASSED SENATE / A9092 (Solages) died in govern-
mental operations
2021: S1196 (Gianaris) died in Corporations, Authorities and Commissions
2019-20: S3402 (Gianaris) died in Corporations, Authorities and Commis-
sions
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately.