State Codes and Statutes

Statutes > New-york > Gmu > Article-5-a > 103-b

§  103-b. Disqualification to contract with municipal corporations and  fire districts.  Any person who, when called before a grand  jury,  head  of a state department, temporary state commission or other state agency,  the  organized crime task force in the department of law, head of a city  department or other city  agency,  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 a  public  department,  agency  or  official  of  the  state  or  of  any political  subdivision thereof or of a public authority, refuses to sign  a  waiver  of  immunity  against  subsequent  criminal prosecution or to answer any  relevant question concerning such transaction or contract, 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 any  municipal  corporation  or fire district, or with any public department,  agency or official thereof, for goods, work or services, for a period of  five years after such refusal  or  until  a  disqualification  shall  be  removed  pursuant  to  the  provisions of section one hundred three-c of  this article.    It shall be the duty  of  the  officer  conducting  the  investigation  before  the  grand jury, the head of a state department, the chairman of  the temporary state commission or  other  state  agency,  the  organized  crime task force in the department of law, the head of a city department  or  other  city agency before which the refusal occurs to send notice of  such refusal, together with  the  names  of  any  firm,  partnership  or  corporation  of  which  the  person so refusing is known to be a member,  partner, officer or director, to the commissioner of  transportation  of  the  state  of  New  York  and the appropriate departments, agencies and  officials  of  the  state,  political  subdivisions  thereof  or  public  authorities  with  whom the person so refusing and any firm, partnership  or corporation of which he is a member, partner, director or officer, is  known to have a contract. However, when such  refusal  occurs  before  a  body  other than a grand jury, notice of refusal shall not be sent for a  period of ten days after such refusal occurs. Prior to the expiration of  this ten day period, any person, firm, partnership or corporation  which  has  become  liable  to the cancellation or termination of a contract or  disqualification to contract on account of such refusal may  commence  a  special  proceeding  at a special term of the supreme court, held within  the judicial district in  which  the  refusal  occurred,  for  an  order  determining  whether  the  questions  in  response  to which the refusal  occurred  were  relevant  and  material  to  the   inquiry.   Upon   the  commencement  of  such proceeding, the sending of such notice of refusal  to answer shall be subject to order of the court in which the proceeding  was brought in a manner and on such terms as the court may deem just. If  a proceeding is not brought within ten days,  notice  of  refusal  shall  thereupon be sent as provided herein.

State Codes and Statutes

Statutes > New-york > Gmu > Article-5-a > 103-b

§  103-b. Disqualification to contract with municipal corporations and  fire districts.  Any person who, when called before a grand  jury,  head  of a state department, temporary state commission or other state agency,  the  organized crime task force in the department of law, head of a city  department or other city  agency,  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 a  public  department,  agency  or  official  of  the  state  or  of  any political  subdivision thereof or of a public authority, refuses to sign  a  waiver  of  immunity  against  subsequent  criminal prosecution or to answer any  relevant question concerning such transaction or contract, 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 any  municipal  corporation  or fire district, or with any public department,  agency or official thereof, for goods, work or services, for a period of  five years after such refusal  or  until  a  disqualification  shall  be  removed  pursuant  to  the  provisions of section one hundred three-c of  this article.    It shall be the duty  of  the  officer  conducting  the  investigation  before  the  grand jury, the head of a state department, the chairman of  the temporary state commission or  other  state  agency,  the  organized  crime task force in the department of law, the head of a city department  or  other  city agency before which the refusal occurs to send notice of  such refusal, together with  the  names  of  any  firm,  partnership  or  corporation  of  which  the  person so refusing is known to be a member,  partner, officer or director, to the commissioner of  transportation  of  the  state  of  New  York  and the appropriate departments, agencies and  officials  of  the  state,  political  subdivisions  thereof  or  public  authorities  with  whom the person so refusing and any firm, partnership  or corporation of which he is a member, partner, director or officer, is  known to have a contract. However, when such  refusal  occurs  before  a  body  other than a grand jury, notice of refusal shall not be sent for a  period of ten days after such refusal occurs. Prior to the expiration of  this ten day period, any person, firm, partnership or corporation  which  has  become  liable  to the cancellation or termination of a contract or  disqualification to contract on account of such refusal may  commence  a  special  proceeding  at a special term of the supreme court, held within  the judicial district in  which  the  refusal  occurred,  for  an  order  determining  whether  the  questions  in  response  to which the refusal  occurred  were  relevant  and  material  to  the   inquiry.   Upon   the  commencement  of  such proceeding, the sending of such notice of refusal  to answer shall be subject to order of the court in which the proceeding  was brought in a manner and on such terms as the court may deem just. If  a proceeding is not brought within ten days,  notice  of  refusal  shall  thereupon be sent as provided herein.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gmu > Article-5-a > 103-b

§  103-b. Disqualification to contract with municipal corporations and  fire districts.  Any person who, when called before a grand  jury,  head  of a state department, temporary state commission or other state agency,  the  organized crime task force in the department of law, head of a city  department or other city  agency,  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 a  public  department,  agency  or  official  of  the  state  or  of  any political  subdivision thereof or of a public authority, refuses to sign  a  waiver  of  immunity  against  subsequent  criminal prosecution or to answer any  relevant question concerning such transaction or contract, 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 any  municipal  corporation  or fire district, or with any public department,  agency or official thereof, for goods, work or services, for a period of  five years after such refusal  or  until  a  disqualification  shall  be  removed  pursuant  to  the  provisions of section one hundred three-c of  this article.    It shall be the duty  of  the  officer  conducting  the  investigation  before  the  grand jury, the head of a state department, the chairman of  the temporary state commission or  other  state  agency,  the  organized  crime task force in the department of law, the head of a city department  or  other  city agency before which the refusal occurs to send notice of  such refusal, together with  the  names  of  any  firm,  partnership  or  corporation  of  which  the  person so refusing is known to be a member,  partner, officer or director, to the commissioner of  transportation  of  the  state  of  New  York  and the appropriate departments, agencies and  officials  of  the  state,  political  subdivisions  thereof  or  public  authorities  with  whom the person so refusing and any firm, partnership  or corporation of which he is a member, partner, director or officer, is  known to have a contract. However, when such  refusal  occurs  before  a  body  other than a grand jury, notice of refusal shall not be sent for a  period of ten days after such refusal occurs. Prior to the expiration of  this ten day period, any person, firm, partnership or corporation  which  has  become  liable  to the cancellation or termination of a contract or  disqualification to contract on account of such refusal may  commence  a  special  proceeding  at a special term of the supreme court, held within  the judicial district in  which  the  refusal  occurred,  for  an  order  determining  whether  the  questions  in  response  to which the refusal  occurred  were  relevant  and  material  to  the   inquiry.   Upon   the  commencement  of  such proceeding, the sending of such notice of refusal  to answer shall be subject to order of the court in which the proceeding  was brought in a manner and on such terms as the court may deem just. If  a proceeding is not brought within ten days,  notice  of  refusal  shall  thereupon be sent as provided herein.