What's happening
This bill prohibits New York state agencies from including confidential clauses in state contracts for services or commodities.
Why it matters
Increases government transparency. By banning confidential clauses in state contracts, the bill ensures that contract terms—such as pricing, deliverables, and vendor responsibilities—are accessible to the public, making it harder to conceal unfavorable or questionable agreements.
Empowers oversight and accountability. Public access to all contract details allows watchdog groups, the media, and taxpayers to scrutinize how state funds are spent and challenge any waste, fraud, or abuse.
Levels the playing field for vendors. When contract terms are public, potential bidders can better understand the standards and expectations set by the state, promoting fairer competition and discouraging favoritism or insider deals.
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Who cares
Headline styles
Ban Confidential Clauses in Contracts
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to finance
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Contract Confidentiality Clauses
In Assembly Committee · Governmental Operations · Sponsor Thomas Abinanti
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5335
2019-2020 Regular Sessions
IN SENATE
April 26, 2019
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph a of subdivision 3 of 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 council, 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 one hundred forty-two of the economic development law.
§ 2. 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 of the state finance law made by section one of this act shall not affect the repeal of such section and shall 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08638-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 with- out redacting or limiting information from state records.
Legislative history
New Bill.
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 of the state finance law made by section one of this act shall not affect the repeal of such section and shall 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.