Bill Text: NY A00211 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 8-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A00211 Detail]

Download: New_York-2023-A00211-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           211

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Governmental Operations

        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 municipality or
     7  public corporation for projects, including but not limited to tax incen-
     8  tives, payments in lieu of taxes, tax abatements, bonds,  notes,  loans,
     9  grants  or rebates, shall contain any provision, clause or language that
    10  provides that the contract or agreement or any of its terms  are  confi-
    11  dential  or that the parties to the agreement or contract are prohibited
    12  from disclosing, discussing, describing or commenting upon the terms  of
    13  the agreement or contract.
    14    §  2.  The state finance law is amended by adding a new section 149 to
    15  read as follows:
    16    § 149. Non-disclosure agreements;  prohibitions.  Notwithstanding  any
    17  other provision of law to the contrary, no agreement or contract entered
    18  into  by  the state or any state agency or public authority for economic
    19  development, including but not limited to tax  incentives,  payments  in
    20  lieu  of  taxes, tax abatements, bonds, notes, loans, grants or rebates,
    21  shall contain any provision, clause or language that provides  that  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02056-01-3
        A. 211                              2

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