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

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         211--A

                               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 -- committee discharged, bill  amended,
          ordered reprinted as amended and recommitted to said committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02056-03-3
        A. 211--A                           2

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