Add §11-a, UDC Act; add §148, St Fin L; add §99-x, Gen Muni L; add §107, Ec Dev L
Prohibits confidentiality and non-disclosure provisions from inclusion in contracts pertaining to economic development, entered into by the state or a municipality.
STATE OF NEW YORK
________________________________________________________________________
1196
2021-2022 Regular Sessions
IN SENATE
January 8, 2021
___________
Introduced by Sens. GIANARIS, RAMOS -- read twice and ordered printed,
and when printed to be committed to the Committee on Corporations,
Authorities and Commissions
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 148 to
15 read as follows:
16 § 148. 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.
LBD03168-01-1
S. 1196 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-x
6 to read as follows:
7 § 99-x. 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.
