reglab/statecodes huggingface dataset:
2023 New York Laws › STF - State Finance › Article 7-A - Citizen-Taxpayer Actions › 123-B - Action for Declaratory and Equitable Relief.

§   123-b.   Action   for   declaratory   and   equitable  relief.  1.
  Notwithstanding any inconsistent provision of law, any person, who is  a
  citizen  taxpayer,  whether  or not such person is or may be affected or
  specially aggrieved by the activity herein referred to, may maintain  an
  action  for equitable or declaratory relief, or both, against an officer
  or employee of the state who in the course of  his  or  her  duties  has
  caused,  is  now  causing,  or is about to cause a wrongful expenditure,
  misappropriation,   misapplication,   or   any    other    illegal    or
  unconstitutional  disbursement  of state funds or state property, except
  that  the  provisions  of  this  subdivision  shall  not  apply  to  the
  authorization,  sale,  execution  or  delivery  of a bond issue or notes
  issued  in  anticipation  thereof  by   the   state   or   any   agency,
  instrumentality  or  subdivision thereof or by any public corporation or
  public benefit corporation.
2. A plaintiff in such an action may join as  a  party  defendant  the
  recipient   or  intended  recipient  of  such  a  wrongful  expenditure,
  misappropriation,   misapplication,   or   any    other    illegal    or
  unconstitutional disbursement of state funds or state property.
2023 New York Laws › STF - State Finance › Article 7-A - Citizen-Taxpayer Actions › 123-C - Pleadings and Procedure.

§  123-c.  Pleadings  and  procedure.  1.  An  action pursuant to this
  article shall be brought in the supreme court in any county wherein  the
  disbursement  has  occurred,  is likely to occur, or is occurring, or in
  the county in which the  state  officer  or  employee  has  his  or  her
  principal office.
2.  The complaint in such action shall be either verified or supported
  by affidavits.
3. Where the plaintiff in such action  is  a  person  other  than  the
  attorney  general,  a  copy of the summons and complaint shall be served
  upon the attorney general.
4. An action under the provisions of this article shall be heard  upon
  such  notice  to such officer or employee as the court, justice or judge
  shall direct, and shall be promptly determined. The  action  shall  have
  preference over all other causes in all courts.
2023 New York Laws › STF - State Finance › Article 7-A - Citizen-Taxpayer Actions › 123-D - Security for Costs.

§  123-d.  Security for costs. At any stage of the action, upon motion
  by the defendant, or upon its own initiative, the court  may  order  the
  plaintiff to give an undertaking for costs and taxable disbursements not
  to exceed the sum of twenty-five hundred dollars. If plaintiff shall not
  have  given  such  undertaking  at the expiration of sixty days from the
  date of service of the order upon him or her, the court may, upon motion
  of the defendant, dismiss the action and award costs to  the  defendant.
  This  section  shall  not  apply to any action commenced by the attorney
  general in the name of and on behalf of the people of the state.
2023 New York Laws › STF - State Finance › Article 7-A - Citizen-Taxpayer Actions › 123-E - Relief by the Court.

§  123-e.  Relief  by  the  court. 1. The court may grant equitable or
  declaratory relief, or both, including, but not  limited  to:  enjoining
  the  activity  complained  of;  restitution to the state of those public
  funds disbursed or public property alienated;  in  the  case  of  public
  property  wrongfully  alienated,  compelling  payment of the full market
  value; a declaration that  a  proposed  disbursement  or  alienation  of
  property  would  be illegal; and such other and further relief as to the
  court may seem just and proper.
2. The court, at the  commencement  of  an  action  pursuant  to  this
  article,  or  at  any  time  subsequent  thereto  and  prior to entry of
  judgment, upon application by the plaintiff or the attorney  general  on
  behalf  of  the  people of the state, may grant a preliminary injunction
  and impose such terms and conditions as may be necessary to restrain the
  defendant if he or she threatens to commit or is committing  an  act  or
  acts which, if committed or continued during the pendency of the action,
  would  be  detrimental  to  the public interest. A temporary restraining
  order may be granted pending a  hearing  for  a  preliminary  injunction
  notwithstanding  the  requirements of section six thousand three hundred
  thirteen of the civil practice law and  rules,  where  it  appears  that
  immediate and irreparable injury, loss, or damage will result unless the
  defendant is restrained before a hearing can be had.
2023 New York Laws › STF - State Finance › Article 7-A - Citizen-Taxpayer Actions › 123-G - Costs and Fees.

§  123-g. Costs and fees. 1. The court shall have the authority to fix
  a reasonable sum to reimburse the  plaintiff  for  costs  and  expenses,
  including  attorney  fees in an action wherein judgment was rendered for
  the plaintiff.  Such attorney fees shall only  be  paid  from  the  fund
  established  under section one hundred twenty-three-h of this article to
  the extent of money available therein.
2. No intervenors, unless they are necessary parties, shall be awarded
  attorney fees.
2023 New York Laws › STF - State Finance › Article 8 - Fiscal Supervision of Certain Institutions › 125 - Fiscal Supervision of Certain Institutions.

§ 125. Fiscal supervision of certain institutions. Notwithstanding any
  other  provision  of  law  relative  to  the  supervision and control by
  departments of any  of  the  institutions  under  the  jurisdiction  and
  control  of  the  office  of  temporary  and  disability assistance, the
  department  of  health,  the  department  of  mental  hygiene  and   the
  department  of corrections and community supervision on the first day of
  January, nineteen hundred thirty-nine and of any institution which shall
  hereafter be under the jurisdiction of such departments, such department
  shall have the powers and duties prescribed by this article with respect
  to such institution. This section shall not impair or affect the  powers
  of  the commissioner of general services under the provisions of article
  eleven of this chapter with respect to estimates made pursuant  to  this
  section  so far as they constitute a requisition for material, equipment
  or supplies.
2023 New York Laws › STF - State Finance › Article 8 - Fiscal Supervision of Certain Institutions › 128 - Disposition of Unclaimed Personal Property.

§  128.  Disposition  of  unclaimed personal property. 1. Any personal
  property, and any interest or increments accruing thereon, belonging  or
  credited  to  a  person in any institution under the jurisdiction of the
  office of children and family services, the department  of  health,  the
  department   of   mental  hygiene,  the  executive  department,  or  the
  department of corrections and community supervision who shall have  been
  discharged  from  such  institution  or  who  shall have died or escaped
  before discharge or before termination of  sentence,  which  is  in  the
  custody  of  the proper officer of such institution, shall, if unclaimed
  by such discharged or escaped person or by the legal  representative  of
  such  deceased  person  for  a period of six months after the discharge,
  decease or escape of such person, be fully inventoried  and  a  copy  of
  such  inventory  shall be filed with the commissioner of such department
  having  jurisdiction  over  such  institution   and   with   the   state
  comptroller.
2.  Any  such  personal  property  consisting  of  money or intangible
  property shall be paid or delivered forthwith, by such officer,  to  the
  state comptroller pursuant to the provisions of section thirteen hundred
  four of the abandoned property law.
3.  Such  commissioner  shall  cause  any  such property consisting of
  tangible personal property, other than money, except  such  property  as
  such  commissioner may determine to be valueless or of such little value
  that the probable proceeds of a sale thereof would be less than the cost
  of  such  sale,  which  property  may  be  ordered  destroyed  by   such
  commissioner, to be sold at public or private sale as determined by such
  commissioner, and the proceeds from such sale, less the expenses of such
  sale, including the costs of any advertising, shall be paid to the state
  comptroller  pursuant to the provisions of section thirteen hundred four
  of the abandoned property law.
2023 New York Laws › STF - State Finance › Article 9 - Contracts › 135-A - Definitions.

§  135-a.  Definitions.  As  used  in  this  chapter, unless otherwise
  indicated, the term "small business concern" shall mean a business which
  is resident  in  this  state,  independently  owned  and  operated,  not
  dominant in its field and employs one hundred or less persons.
2023 New York Laws › STF - State Finance › Article 9 - Contracts › 136 - Contracts in Pursuance of Appropriations.

§  136.  Contracts  in  pursuance  of  appropriations.  A  contract or
  contracts made in pursuance of an  appropriation  by  the  state  for  a
  specific  object shall be for the completion of the work contemplated by
  the appropriation, and in the aggregate shall not exceed the  amount  of
  such  appropriation.  A  contract  for  a part of such work shall not be
  binding upon the state until contracts are also made covering the entire
  work  contemplated  by  such  appropriation,  except  that,   (a)   upon
  certification by the agency having jurisdiction to the state comptroller
  that  sufficient appropriations remain for completion of the entire work
  contemplated,  preliminary   work   such   as   site   preparation   and
  infrastructure  work may be commenced for a project where the timeliness
  thereof is of the essence and the director of the  budget  certifies  to
  such  need  and  to  the  availability of appropriations, and except (b)
  where it is expressly provided by such appropriation that a part of  the
  work  may  be  done  by  day's  labor.  Except  as  provided  in section
  thirty-eight  of  the  highway  law,  every  such  contract   shall   be
  accompanied  by  a bond for the completion of the work, specified in the
  contract, within the amount stipulated  therein,  which  bond  shall  be
  filed in the office of the state comptroller.
2023 New York Laws › STF - State Finance › Article 9 - Contracts › 136-B - Selection of Underwriters by State Agencies.

* §  136-b.  Selection  of  underwriters by state agencies. Whenever a
  state agency, as defined in article  fifteen-A  of  the  executive  law,
  sells  its  bonds,  notes  or  other  securities  at  a private sale, in
  selecting one or more underwriters to purchase such securities the state
  agency shall consider, among other things, the  participation  of  firms
  certified  pursuant to such article as minority or women-owned firms and
  the ability of other firms under consideration to work with minority and
  women-owned  business  enterprises  so  as   to   promote   and   assist
  participation by such enterprises.
* NB Repealed July 1, 2025
2023 New York Laws › STF - State Finance › Article 9 - Contracts › 136-C - Contracts for Employee Training and Organizational Development Services.

§   136-c.   Contracts   for   employee  training  and  organizational
  development services. The  director  of  employee  relations  is  hereby
  authorized  to enter into contracts for use by all state departments and
  agencies for services to support employee  training  and  organizational
  development   initiatives.  Pursuant  to  procedures  developed  by  the
  director  of  employee  relations  in  consultation   with   the   state
  comptroller,  agencies  shall  be  permitted  to  access  such contracts
  directly in a manner similar to  that  used  for  centralized  commodity
  contracts  let  by  the  commissioner  of  general  services pursuant to
  section one hundred  sixty-three  of  the  state  finance  law.  Nothing
  contained  herein shall preclude the director of employee relations from
  adherence to New York state bidding requirements or any other law,  rule
  or  regulation  governing  the purchase of consultant services. Further,
  nothing contained herein shall restrict or preclude state departments or
  agencies from procuring such  training  and  organizational  development
  services directly without consideration of contracts let by the director
  of employee relations.
2023 New York Laws › STF - State Finance › Article 9 - Contracts › 136-D - Contracts Involving Industrial Painting and Industrial Coatings.

* §  136-d.  Contracts  involving  industrial  painting and industrial
  coatings. 1. Any state agency contract for the application of industrial
  painting  or  industrial  coating  shall  include  provisions  regarding
  contractor, subcontractor and worker certification as follows:
a.  Contractors  and  subcontractors  doing  work involving industrial
  painting and industrial coating shall certify that  all  work  completed
  meets the minimum standards established under this section by the office
  of   general  services  regarding  industrial  painting  and  industrial
  coating.
b. Contractors and  subcontractors  doing  work  involving  industrial
  painting   and  industrial  coating  that  require  the  disturbance  of
  lead-based paint or other hazardous materials  shall  certify  that  all
  work  conducted  on  the project meets the minimum standards established
  under this section by the office of general services.
2. Any certifications required by this section shall be  kept  current
  for the duration of the contract.
3.   The   office  of  general  services  shall  establish  guidelines
  concerning the procurement of industrial paints and industrial  coatings
  as well as the qualifications required for the application of industrial
  paints   and  industrial  coatings  by  contractors  and  subcontractors
  pursuant to section  one  hundred  sixty-three  of  this  chapter.  Such
  guidelines   shall   implement  a  certification  process  with  minimum
  standards  for  contractors  and  subcontractors  to   file   with   the
  contracting  agency  upon  completion  of  a  project. When establishing
  guidelines related to industrial paints  and  industrial  coatings,  the
  office  shall  consider  industry standards set forth by the Association
  for  Materials  Protection  and  Performance  (AMPP)  or  other  similar
  associations  that  set  industry  standards for protective coatings and
  shall consult with affected contractors and subcontractors  to  consider
  environmental  impact as well as the impact on public health and safety.
  The  office  of  general  services  shall   establish   contractor   and
  subcontractor  requirements for employees working on industrial painting
  and industrial coating projects including, but not limited to, requiring
  specific trainings or certifications for individual employees.
4. As used in this section, the term "state  agency"  shall  mean  the
  same as defined in section one hundred sixty of this chapter.
* NB There are 2 § 136-d's
2023 New York Laws › STF - State Finance › Article 9 - Contracts › 138-A - Commencement of Actions on State Public Works Contracts.

§  138-a.  Commencement of actions on state public works contracts. 1.
  All contracts made and awarded by the state or by any state  agency,  as
  defined  in  section one hundred seventy-nine-e of this chapter, for the
  design, construction, reconstruction,  demolition,  alteration,  repair,
  maintenance  or  improvement of any public works, or for the inspection,
  supervision or coordination of the  foregoing  services,  shall  provide
  that  the  time  within  which  an  action  on  the contract against the
  contractor must  be  commenced  shall  be  computed  from  the  date  of
  completion  of  the  physical  work;  and shall further provide that the
  contractor may notify the state or state agency  in  writing  that  such
  physical  work has been completed by specifying a completion date, which
  date shall be no more than thirty days previous  to  the  date  of  such
  notice, in which case the completion date set forth in such notice shall
  be  deemed  to be the date of completion of the physical work unless the
  state or state agency, within thirty days of  receipt  of  such  notice,
  notifies the contractor in writing of its disagreement.
2.  In the event that the contractor fails to send the notice provided
  for herein or the state or state agency disagrees in the manner provided
  for herein, the date  of  completion  of  the  physical  work  shall  be
  determined in any other manner provided by law.
3.  The  provisions  of this section shall in no way modify the duties
  and obligations of the state or of  any  state  agency  to  comply  with
  article eleven-A of this chapter.
2023 New York Laws › STF - State Finance › Article 9 - Contracts › 139-A - Ground for Cancellation of Contract by State.

§  139-a. Ground for cancellation of contract by state. A clause shall
be inserted in all specifications or contracts hereafter made or awarded
by the state or any public department, agency or official  thereof,  for
work  or  services  performed or to be performed, or goods sold or to be
sold, to provide that: (a) upon the refusal by  a  person,  when  called
before  a  grand  jury,  head  of  a  state  department, temporary state
commission or other state agency, or the organized crime task  force  in
the  department  of  law, which is empowered to compel the attendance of
witnesses and examine them under oath, to testify in  an  investigation,
concerning any transaction or contract had with the state, any political
subdivision  thereof,  a public authority or with any public department,
agency or official of the state or of any political subdivision  thereof
or  of  a  public  authority,  to  sign  a  waiver  of  immunity against
subsequent criminal prosecution  or  to  answer  any  relevant  question
concerning  such  transaction or contract; or (b) upon the conviction of
any person of a crime defined in article two  hundred  or  four  hundred
ninety-six or section 195.20 of the penal law,
(i)  such person, and any firm, partnership or corporation of which he
is a member, partner, director or officer  shall  be  disqualified  from
thereafter  selling to or submitting bids to or receiving awards from or
entering into any contracts with the state  or  any  public  department,
agency or official thereof, for goods, work or services, for a period of
five  years after such refusal, a period of five years upon a conviction
of a misdemeanor defined in article two hundred or article four  hundred
ninety-six  or an attempt to commit a violation of section 195.20 of the
penal law, provided that in the event such conviction is the result of a
plea agreement resulting in a plea to such charge in lieu of a  plea  or
conviction of a felony defined in section 195.20, article two hundred or
article  four  hundred  ninety-six of the penal law, all parties to such
agreement may agree that the period of such bar may be for a  period  of
up  to  ten  years  from the date of conviction, or upon conviction of a
felony defined in article two hundred  or  four  hundred  ninety-six  or
section  195.20  of  the  penal  law,  for  life,  any  convicted  firm,
partnership or corporation is disqualified  for  its  existence  and  to
provide also that
(ii)  any  and  all  contracts  made  with  the  state  or  any public
department, agency or official thereof, since the effective date of this
law, by such person, and by any  firm,  partnership  or  corporation  of
which  he  is a member, partner, director or officer may be cancelled or
terminated by the state without incurring  any  penalty  or  damages  on
account of such cancellation or termination, but any monies owing by the
state  for  goods  delivered  or  work done prior to the cancellation or
termination shall be paid.
2023 New York Laws › STF - State Finance › Article 9 - Contracts › 139-E - Security Bonds; Municipal Projects.

§  139-e. Security bonds; municipal projects. Whenever a security bond
  is posted by a successful bidder  for  the  faithful  performance  of  a
  municipal project, for which state aid is approved, the name and address
  of  the  bonding company or person issuing the security bond, the number
  of such bond, and such other information as may be required by the state
  department  or  agency  responsible  for  supervising  the  aid  program
  regarding  the  project,  shall  be  transmitted  to  such department or
  agency, where it shall be reviewed to determine its  authenticity  prior
  to award of such contract. The original of such bond shall remain in the
  office  of  the municipality. Upon request of such department or agency,
  the superintendent of financial services shall render such assistance as
  is necessary to determine the authenticity of the security bond.
2023 New York Laws › STF - State Finance › Article 9 - Contracts › 139-H - Participation in an International Boycott Prohibited.

§  139-h.  Participation in an international boycott prohibited. 1.  A
  clause shall be inserted in all specifications  or  contracts  hereafter
  made  or  awarded  by  the  state  or  any  public department, agency or
  official thereof, for work or services performed or to be performed, for
  goods sold or to be sold, in an amount exceeding five thousand  dollars,
  pursuant  to  which  any  contractor, to whom any contract shall be let,
  granted or awarded, agrees, as a material  condition  of  the  contract,
  that  neither  such contractor nor any substantially owned or affiliated
  person,  firm,  partnership  or  corporation  has  participated  or   is
  participating  or  shall  participate  in  an  international  boycott in
  violation of the provisions of the United States  export  administration
  act   of   nineteen  hundred  sixty-nine,  as  amended,  or  the  export
  administration act of nineteen hundred seventy-nine, as amended, or  the
  regulations  of  the  United  States  department of commerce promulgated
  thereunder.
2. Any such contract shall be rendered forfeit and void by  the  state
  comptroller, if, subsequent to execution, such person, firm, partnership
  or  corporation  has  been convicted of a violation of the provisions of
  the  United  States  export  administration  act  of  nineteen   hundred
  sixty-nine,  as  amended,  or  the export administration act of nineteen
  hundred  seventy-nine,  as  amended,  or  the  regulations   promulgated
  thereunder  or has been found upon the final determination of the United
  States commerce department or any other appropriate agency of the United
  States to have violated the provisions of either  such  federal  act  or
  such regulations.
3.  Nothing  contained  in  this  section  shall operate to impair any
  existing contract, except that any renewal, amendment or modification of
  such contract occurring on or after the effective date of  this  section
  shall be subject to the conditions specified in this section.
4.  The  comptroller  of the state shall have the power to issue rules
  and regulations pursuant to this section.
2023 New York Laws › STF - State Finance › Article 9 - Contracts › 139-L - Statement on Sexual Harassment, in Bids.

§  139-l.  Statement  on  sexual harassment, in bids. 1. (a) Every bid
hereafter made to the state or any public department or agency  thereof,
where  competitive  bidding  is required by statute, rule or regulation,
for work or services performed or to be performed or goods sold or to be
sold, shall contain the following statement subscribed by the bidder and
affirmed by such bidder as true under the penalty of perjury:
"By submission of this bid, each  bidder  and  each  person  signing  on
behalf  of  any  bidder  certifies,  and in the case of a joint bid each
party thereto certifies as to its own  organization,  under  penalty  of
perjury,  that  the  bidder  has  and  has  implemented a written policy
addressing sexual harassment prevention in the  workplace  and  provides
annual  sexual  harassment  prevention training to all of its employees.
Such policy shall, at a minimum, meet the requirements  of  section  two
hundred one-g of the labor law."
(b)  Every bid hereafter made to the state or any public department or
agency thereof, where competitive bidding is not  required  by  statute,
rule or regulation, for work or services performed or to be performed or
goods  sold  or  to  be  sold,  may  contain,  at  the discretion of the
department, agency or official, the certification required  pursuant  to
paragraph (a) of this subdivision.
2.  Notwithstanding the foregoing, the statement required by paragraph
(a) of subdivision one of this section may be  submitted  electronically
in  accordance  with  the provisions of subdivision seven of section one
hundred sixty-three of this chapter.
3. A bid shall not be considered for award nor shall any award be made
to a bidder who has not complied with subdivision one of  this  section;
provided,  however,  that  if  the  bidder  cannot  make  the  foregoing
certification, such bidder shall so state and shall furnish with the bid
a signed statement which sets forth in detail the reasons therefor.
4. Any bid hereafter made to  the  state  or  any  public  department,
agency  or  official thereof, by a corporate bidder for work or services
performed or to be performed or goods sold or to be sold, where such bid
contains the statement required by  subdivision  one  of  this  section,
shall  be  deemed  to  have been authorized by the board of directors of
such bidder, and such authorization  shall  be  deemed  to  include  the
signing  and  submission  of  such bid and the inclusion therein of such
statement as the act and deed of the corporation.
2023 New York Laws › STF - State Finance › Article 9 - Contracts › 140 - Disposition of Deposit Accompanying Bid.

§  140.  Disposition  of  deposit  accompanying  bid.  Whenever  as  a
  condition precedent to the reception or consideration of a proposal  for
  construction,  alteration,  repair  or  improvement for the state or any
  department or officer thereof, a deposit of a  certified  check,  money,
  bonds,  corporate  stock, certificates of indebtedness, or otherwise, is
  required, a bidder under such proposal may withdraw his bid if no  award
  of  the contract be made within forty-five days after the receipt of the
  bids, and upon such withdrawal his deposit shall be  forthwith  returned
  to  him.  A  check, money, corporate stock, bond, or other security, the
  deposit of which is required by statute to secure  a  bid  upon  such  a
  proposal  shall  be  retained  under the jurisdiction of the comptroller
  until returned to the bidder,  or  forfeited  as  provided  by  the  law
  pursuant to which such proposal was made. The provisions of this section
  shall supersede the provisions of any act inconsistent herewith.
2023 New York Laws › STF - State Finance › Article 9 - Contracts › 141 - Claims Against Contractors.

§  141.  Claims  against  contractors.   A contractor under a contract
  heretofore or hereafter made or awarded by the state or  by  any  public
  department or official thereof, in case any claim or notice of claim for
  injury  or damage to person or property, arising out of or in connection
  with the performance of such contract, be made  to  or  filed  with  the
  state  or  any  public department or official thereof, may file with the
  comptroller an undertaking in the terms and manner  prescribed  in  this
  section,  and  thereupon  the  comptroller  shall  be authorized to make
  payments to such contractor pursuant to the terms of such contract. Such
  undertaking shall be executed with such sureties, in such form  and  for
  such  amount  as the comptroller may prescribe, and shall be conditioned
  for the payment  by  such  contractor  of  any  judgment  which  may  be
  recovered in an action brought upon such claim.
2023 New York Laws › STF - State Finance › Article 9 - Contracts › 142 - Workmen's Compensation Insurance on Public Works.

§ 142. Workmen's compensation insurance on public works. Each contract
  to  which  the  state,  any  public department or official thereof, or a
  commission appointed pursuant to law is a party and which is of  such  a
  character  that the employees engaged thereon are required to be insured
  by the provisions of the workmen's  compensation  law  shall  contain  a
  stipulation  that  the  same  shall  be void and of no effect unless the
  person or  corporation  making  or  performing  the  same  shall  secure
  compensation  for  the  benefit  of, and keep insured during the life of
  said contract, such employees, in compliance with the provisions of such
  law.
2023 New York Laws › STF - State Finance › Article 9 - Contracts › 144 - Opening and Reading of Bids for Contracts for Public Work; Criminal Conspiracies.

§  144.  Opening  and  reading  of bids for contracts for public work;
  criminal conspiracies. 1. Notwithstanding any inconsistent provisions of
  any general or special law, contracts for public work in excess of  five
  thousand  dollars  shall  be  awarded  by  any  board,  officer, agency,
  department or commission of the state only after advertisement for  bids
  shall  contain a statement of the time and place where all bids received
  in pursuance of such notice  will  be  publicly  opened  and  read  and,
  pursuant  to such notice, all bids received shall be publicly opened and
  read at the time and place so specified.
2. A person  or  corporation  who  conspires  to  prevent  competitive
  bidding on a contract for public work or purchase advertised for bidding
  shall  be  guilty  of  a  misdemeanor as provided in section one hundred
  three-e of the general municipal law.
2023 New York Laws › STF - State Finance › Article 9 - Contracts › 145 - Acceptance of Final Payment Under a State Contract.

§  145.  Acceptance  of  final  payment  under  a  state  contract. No
  provision contained in a construction  contract  awarded  by  any  state
  department  or agency shall bar the commencement of an action for breach
  of contract on the sole ground of the contractor's acceptance  of  final
  payment  under  such  contract  provided  that  a  detailed and verified
  statement of claim is served upon the public body  concerned  not  later
  than  forty  days after the mailing of such final payment. The statement
  shall specify the items upon which the claim will be based and any  such
  claim shall be limited to such items. Any provision of subdivision four,
  section  ten of the court of claims act to the contrary notwithstanding,
  an action founded upon such statement of claim shall be filed within six
  months after the mailing  of  the  final  payment.  No  payment  to  the
  contractor  shall  limit  or  qualify any defense, claim or counterclaim
  otherwise  available  to  the  public  body  relating  to  the  contract
  involved.
2023 New York Laws › STF - State Finance › Article 9 - Contracts › 148 - Certain Contracts Involving Personal Protective Equipment and Medical Supplies.

§  148.  Certain contracts involving personal protective equipment and
medical supplies. 1. Notwithstanding any other provisions  of  law,  all
contracts  over  fifty thousand dollars in value made and awarded by any
department  or  agency  of  the  state  for  the  purchase  of  personal
protective equipment or medical supplies shall require that the personal
protective  equipment  or  medical  supply  items be produced or made in
whole or substantial part in the United States.
2. For purposes of this section:
(a) "personal  protective  equipment"  means  all  equipment  worn  to
minimize  exposure  to  medical  hazards,  including gloves, masks, face
shields, eye protection, respirators, medical hair and  shoe  coverings,
and disposable gowns and aprons.
(b)  "medical supplies" means materials necessary to respond to health
emergencies or pandemics, including and without limitation  ventilators,
medical test kits, and vaccines.
(c)  "United  States"  means  the  United  States, its territories, or
possessions.
3. The provisions of this section shall not apply if the head  of  the
department  or  agency  purchasing  the personal protective equipment or
medical supplies, in his or her sole discretion,  determines  that  such
provisions  would  not  be  in  the public interest; that obtaining such
personal protective equipment or medical supplies in the  United  States
would  increase the cost of the contract by an unreasonable amount; that
such  personal  protective  equipment  or  medical  supplies  cannot  be
produced  or  made  in  the  United  States in sufficient and reasonably
available quantities and of satisfactory quality or design to  meet  the
department's  or  agency's  requirements;  or  that  purchasing personal
protective equipment or medical supplies  manufactured  outside  of  the
United  States is necessary to avoid a delay in the delivery of critical
services that could compromise the public welfare.
4. Nothing in this section is  intended  to  contravene  any  existing
treaties, laws, trade agreements, or regulations of the United States or
subsequent  trade  agreements entered into between any foreign countries
and the state or the United States.
5. Subject to the  provisions  of  this  section,  the  department  of
economic  development,  in  consultation  with  the  office  of  general
services and  the  division  of  the  budget,  shall  be  authorized  to
establish rules and regulations for the effective administration of this
section.
2023 New York Laws › STF - State Finance › Article 10 - Mortgages › 150 - Foreclosure of Mortgages by the State.

§  150.  Foreclosure  of mortgages by the state. The comptroller shall
  cause all mortgages belonging to the state upon which default is made in
  the payment of principal or interest, to be foreclosed, whenever, in his
  judgment, it may be necessary for the protection of the interest of  the
  state.  All  actions or proceedings for that purpose shall be prosecuted
  or conducted by the attorney-general.
2023 New York Laws › STF - State Finance › Article 10 - Mortgages › 151 - When Comptroller Shall Bid in Premises.

§  151.  When  comptroller  shall bid in premises. If on a sale on any
  such foreclosure, there is not bid  and  paid  or  received  the  amount
  unpaid  on  the  mortgage,  for principal and interest and the costs and
  expenses of the foreclosure, the comptroller may cause the  sale  to  be
  postponed  and have the value of the premises appraised by two competent
  and disinterested persons selected by him. If the premises are appraised
  at a sum equal to or exceeding the amount unpaid to the state, including
  the costs  of  the  foreclosure  and  expenses  of  the  appraisal,  the
  comptroller on the sale thereof, shall bid for the state such amount, if
  necessary  to  prevent  a  sale  of  the premises at a less sum.  If the
  premises are appraised at a sum less than such amount,  the  comptroller
  may  bid the amount of the appraisement and no more. If the premises are
  struck off for a sum less than such amount,  no  greater  sum  shall  be
  credited  to  the mortgagor or any other person, on account of such sale
  than the sum bid for the premises sold, deducting  therefrom  all  costs
  and  expenses  of the sale and appraisal. The appraisers shall receive a
  reasonable compensation  for  their  services,  to  be  allowed  by  the
  comptroller and paid out of the treasury.
2023 New York Laws › STF - State Finance › Article 10 - Mortgages › 152 - Conditions of Sale.

§  152.  Conditions  of  sale.  At  a  sale under such foreclosure the
  comptroller shall require the purchaser to pay, at the time of the sale,
  the costs and expenses thereof, and at least one-fourth of the amount so
  unpaid; and for securing the remainder of the moneys due the  state,  on
  the  execution  of a deed or of the affidavits of sale to the purchaser,
  he may accept from the purchaser a bond and mortgage to the state on the
  premises sold, payable in six  equal  annual  instalments,  with  annual
  interest at six per centum. If the mortgaged premises sell for a greater
  sum  than  the  amount so unpaid and the costs and expenses of the sale,
  the comptroller shall also require the purchaser at the time of the sale
  to  make  payment  of  such  surplus.  The  expense  incurred   by   the
  attorney-general  in any action or proceeding for the foreclosure of any
  such mortgage, shall be paid to him out of the treasury.
2023 New York Laws › STF - State Finance › Article 10 - Mortgages › 153 - Sale in Parcels.

§  153. Sale in parcels. On any such foreclosure, if any person having
  title to a part of the mortgaged premises, by conveyance from or through
  the mortgagor, delivers to the comptroller an affidavit stating that  he
  has such title, and describing with certainty such part, the comptroller
  on  the  sale  under  such foreclosure shall cause to be first sold that
  part of the mortgaged premises not specified in the  affidavit.  If  the
  part so sold does not produce enough to satisfy the amount so unpaid and
  costs  and expenses he shall immediately cause such part or parts of the
  premises as have been conveyed by the mortgagor  and  described  in  any
  such  affidavit,  to be sold, and if more than one part of such premises
  has been so conveyed, and an affidavit  made  as  herein  required,  the
  comptroller  shall  cause  such parts to be sold in the inverse order of
  the dates of  such  conveyances,  if  it  is  necessary  to  sell  them,
  commencing  with  the part last conveyed by the mortgagor, and such sale
  shall cease when the proceeds of the sale are sufficient to satisfy  the
  amount so unpaid and such costs and expenses.
2023 New York Laws › STF - State Finance › Article 10 - Mortgages › 154 - Separate Accounts for Lands Purchased or Mortgaged.

§  154.  Separate  accounts  for  lands  purchased  or  mortgaged. The
  comptroller on application to  him  for  that  purpose,  shall  open  an
  account in his office against any person, for a part or subdivision of a
  lot  of  land  purchased  from  or  mortgaged  to  the  state,  for  the
  proportionate part of the moneys on any such part  or  subdivision,  and
  thereafter  give  credit  on  the  several parts or subdivisions, as the
  persons making payments may require. He may credit any prior payment  to
  a  part or subdivision, if such payment appears by satisfactory proof to
  have been originally intended to be paid on such part or subdivision  or
  by  or  for  the  use  of  the  person  claiming  the credit, whether so
  expressed in the receipts or not. No part of any such payments shall  be
  applied  to  the  reduction  of the principal unpaid on any such part or
  subdivision, unless the payments exceed the interest, calculated on  the
  principal due on such part, or subdivision, to the day when such part or
  subdivision  is  to  be  paid  off, or a new account opened therefor. If
  separate receipts be given by the treasurer, for any payments which  are
  claimed  to  be credited to the account of any such part or subdivision,
  the receipts shall be delivered to the  comptroller  and  filed  in  his
  office.  Separate accounts shall not be opened under this section unless
  a map and survey of the whole lot is filed with the comptroller, showing
  particularly the part or subdivision for which such  account  is  to  be
  opened,  and  satisfactory  proof  furnished  the  comptroller  that the
  residue of the lot is sufficient security for the sum  remaining  unpaid
  thereon.
2023 New York Laws › STF - State Finance › Article 10 - Mortgages › 155 - Discharge and Cancellation of Mortgages by the State.

§  155.  Discharge  and  cancellation  of  mortgages by the state. The
  treasurer's receipt, countersigned by  the  comptroller,  setting  forth
  that  the  whole  sum secured by the mortgage held by the state has been
  paid, shall be a sufficient discharge of the mortgage, and  the  officer
  in whose office such mortgage is recorded shall record such receipt as a
  satisfaction  of  the  mortgage and satisfy the mortgage of record. When
  any part or subdivision of any lot mortgaged to or  purchased  from  the
  state,  for  which  a  separate  account  has  been opened, is paid, the
  comptroller shall execute a discharge of such part or  subdivision  from
  such mortgage.
If  a  map  and  survey of the whole lot is filed with the comptroller
  showing particularly a part or subdivision for which no separate account
  has been opened, and the owner thereof pays into the treasury  its  full
  proportion  of  principal and interest unpaid, and satisfactory proof is
  furnished the comptroller that the residue  of  the  lot  is  sufficient
  security  for  the sum remaining unpaid, he may execute a like discharge
  of such part or subdivision.
The comptroller may cancel and discharge any mortgage, on satisfactory
  proof that the moneys loaned and secured  by  such  mortgage  have  been
  fully  paid to the officers authorized by law to receive the same if the
  mortgage remains uncancelled and undischarged of record.
2023 New York Laws › STF - State Finance › Article 10 - Mortgages › 156 - Surplus Moneys on Sale of Lands Mortgaged to the State.

§  156.  Surplus  moneys  on sale of lands mortgaged to the state.  If
  real property mortgaged to the state, or purchased for  the  benefit  of
  the  state,  or  for  which  a  certificate  has  been given to a former
  purchaser, is sold by the comptroller or  the  commissioner  of  general
  services  for  a  greater sum than the amount due to the state, with the
  costs and expenses of the foreclosure  or  resale,  the  surplus  moneys
  received after a conveyance has been executed to the purchaser, shall be
  paid to the person legally entitled to such real property at the time of
  the foreclosure or of the forfeiture of the original contract.
On  the  sale  of  such  real  property  by  the  comptroller  or  the
  commissioner of general services, the comptroller shall give  credit  to
  the  mortgagor on his bond or to the original purchaser on his contract,
  for the amount at which such property has  been  sold,  after  deducting
  therefrom   all  the  costs,  charges  and  expenses  of  the  sale.  If
  interfering claims to  such  surplus  moneys  be  made,  they  shall  be
  referred  by  the comptroller to the attorney-general, whose decision as
  to the rights of the respective claimants shall be final and  conclusive
  as  to  any  claim  against the state. The comptroller shall not pay any
  moneys authorized by this section to be refunded, except on satisfactory
  proof, by affidavit or otherwise, of the legal right of  the  person  in
  whose favor such warrant is applied for.
2023 New York Laws › STF - State Finance › Article 10 - Mortgages › 157 - Release of Part of Mortgaged Premises.

§  157.  Release  of  part  of  mortgaged  premises.  If  the owner of
  mortgaged premises sell a part thereof, the comptroller, on  application
  and with the consent of the mortgagor or such owner may release the part
  of  the  mortgaged  premises  sold  from  the lien of the mortgage. Such
  release, however, shall not be  given  unless  a  sum  approved  by  the
  comptroller shall be first paid upon the mortgage and unless the part of
  the  mortgaged  premises  remaining  unsold,  exclusive of buildings and
  prior liens, is worth double the  residue  of  the  mortgage  debt.  The
  comptroller  shall  execute  such release in the usual form, which, when
  acknowledged, shall be recorded by the county clerk and a minute thereof
  made upon a margin of the mortgage.
2023 New York Laws › STF - State Finance › Article 10 - Mortgages › 158 - Power of Comptroller to Maintain Actions.

§  158. Power of comptroller to maintain actions. The comptroller may,
  at any time before the sale of the mortgaged premises, bring  an  action
  to  restrain  the  commission  of waste by any person upon the mortgaged
  premises, or to correct any  mistake  or  omission  in  the  description
  thereof, or to recover the amount due on a mortgage.  At any time before
  payment  and discharge of mortgage or before sale, if any person cuts or
  removes or injures the  timber,  fences,  buildings  or  other  fixtures
  belonging  to  such  mortgaged  premises,  or  threatens  so  to do, the
  comptroller may maintain a like action for damages or an injunction.
2023 New York Laws › STF - State Finance › Article 10 - Mortgages › 159 - Assignments of Mortgages; Releases From Judgments.

§   159.  Assignments  of  mortgages;  releases  from  judgments.  The
  comptroller, on the written request of the owner in actual possession of
  real property mortgaged to the state, may assign such mortgage, with the
  bond or other instrument accompanying the  same,  on  payment  into  the
  treasury  of  the  amount  of  principal  and  interest  unpaid  on such
  mortgage. The comptroller, with the consent of the attorney-general,  if
  satisfied  that  the  interests  of  the  state  will  not be prejudiced
  thereby, may release any portion of  any  real  property  subject  to  a
  judgment  in  favor  of the people of the state from the lien created by
  such judgment.
2023 New York Laws › STF - State Finance › Article 11 - State Purchasing › 162-A - The New York State Buy American Salt Act.

§  162-a. The New York state buy American salt act. 1. Use of American
materials.  (a)  Notwithstanding  any  other  provision  of  law,   when
soliciting  a contract for the purchase of rock salt or sodium chloride,
any department or agency of the state may award  such  contract  to  the
responsible  and  reliable bidder offering to supply rock salt or sodium
chloride that is mined or hand harvested in the United States, and which
offer is within ten percent of the lowest price  or  best  value  offer,
rather than to the lowest responsible and reliable bidder.
(b)  If  it  has been determined by a court or federal or state agency
that any person intentionally:
(i) affixed a label bearing a "Made in America"  inscription,  or  any
inscription  with the same meaning, to any rock salt, or sodium chloride
product used in projects to which  this  section  applies,  sold  in  or
shipped to the United States that was not mined or hand harvested in the
United States; or
(ii)  represented  that  any  rock  salt,  or  sodium chloride product
procured in a contract to  which  this  section  applies  that  was  not
produced  in  the United States, was produced in the United States; then
that person shall be ineligible to receive any contract  or  subcontract
with  this  state  pursuant  to  the  debarment or suspension provisions
provided under section one hundred thirty-nine-a of this chapter.
(c) This section shall be applied in  a  manner  consistent  with  the
state's   obligations  under  any  applicable  international  agreements
pertaining to government procurement.
2. Definitions. For the purposes of this section, the following  words
shall have the following meanings unless specified otherwise:
(a)  "Public  agency"  means  a  governmental  entity  as that term is
defined in section one hundred thirty-nine-j of this chapter;
(b) "Mined or hand harvested in the United States" means: extracted or
collected from land or ponds within the boundary of the  United  States,
from  the  initial separation from the earth through the addition of any
additives necessary for commercial sale;
(c) "United States" means the United States of  America  and  includes
all  territory,  continental  or insular, subject to the jurisdiction of
the United States.