STATE OF NEW YORK
________________________________________________________________________
10373
IN ASSEMBLY
May 21, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A.
Bichotte Hermelyn) -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the state finance law, in relation to posting the names
of individuals who are authorized to sign state contracts and elimi-
nating unfavorable terms in state contracts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 110 of the state finance law is amended by adding a
2 new subdivision 1-a to read as follows:
3 1-a. Each department that maintains a public website shall publicly
4 post and maintain a webpage on that website showing the current list of
5 the names of the individuals whom the department has authorized to
6 execute contracts on behalf of the department, which the department has
7 filed with the comptroller pursuant to subdivision one of this section.
8 Such posting shall provide clear notice to the public of those individ-
9 uals who are authorized to execute contracts to which the department or
10 the state is a party.
11 § 2. The state finance law is amended by adding a new section 139-m to
12 read as follows:
13 § 139-m. Terms and conditions in contracts that shall be void. The
14 following terms or conditions in any contract entered into by the state
15 or any department thereof shall be void and unenforceable:
16 1. Any term or condition that requires the state or the department to
17 indemnify or hold harmless another person, except as otherwise author-
18 ized by law;
19 2. Any term or condition which purports to reserve a right to the
20 contractor to unilaterally amend, revise, or add to the terms and condi-
21 tions without the consent of the state or the department;
22 3. Any term or condition by which the state or the department agrees
23 to limit the liability of another person for bodily injury, death, or
24 damage to tangible property caused by the negligence or willful miscon-
25 duct of such person or such person's employees or agents; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06529-01-3
A. 10373 2
1 4. Any term or condition that designates the law of a jurisdiction
2 other than the state of New York as the law governing the contract,
3 except for terms and conditions in contracts between the state or any
4 department thereof with a sister state or the federal government that
5 designate the law of a jurisdiction other than, or in addition to, the
6 state of New York.
7 § 3. This act shall take effect immediately.
