BILL NUMBER: S3775
SPONSOR: COMRIE
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit state agencies from including confidential clauses in state
contracts.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 Paragraph A of subdivision 3 f section 163 of the state
finance law is amended by adding a new subparagraph (viii) to read as
follows:
(viii) Consistent with guidelines issued by the state procurement coun-
cil, no state agency shall include any confidential clauses in contracts
with the state. As used in this subparagraph "confidential clause'
includes any clause not made available to the public through the
procurement opportunities newsletter described in section on hundred
forty-two of the economic development law.
 
JUSTIFICATION:
Government Contracts are considered public record. Under the Right to
Know Law the public has a right to public records through the Freedom of
Information Act (FOIA). Including confidential. clauses in public
contracts undermine taxpayer's rights to public knowledge. This bill
will allow the public to gain access of state contracts without redact-
ing or limiting information from state records.
 
LEGISLATIVE HISTORY:
2024: S2509 Comrie/ A3706 Epstein
2022: S5587 Comrie/ A4440 Abinanti
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date upon which it shall have become a law; provided, however, that the
amendments to section 163 for the state finance law made by section one
of this act shall not affect the repeal of such section and shall be be
deemed to be repealed therewith. Effective immediately the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such date.

Statutes affected:
S3775: 163 state finance law, 163(3) state finance law