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A 6838

Prohibits the inclusion of confidential clauses in contracts entered into for the purchase of services or commodities by the state

2025 Regular Session Introduced by Harvey Epstein

Prohibits confidentiality clauses in state service/commodity contracts, boosting transparency; vendors may need to adjust terms, increasing public access to procurement details.

REFERRED TO GOVERNMENTAL OPERATIONS
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Bill Summary · A 6838

Summary of Assembly Bill A 6838

Bill at a glance

  • Bill number: A 6838
  • Title: Prohibits the inclusion of confidential clauses in contracts entered into for the purchase of services or commodities by the state
  • Sponsor: Harvey Epstein (primary)
  • Introduced: March 14, 2025
  • Status: Referred to Governmental Operations (2025-03-14)
  • Related measures: A 4934 (prior-session), A 4440 (prior-session), A 3706 (prior-session); S 3775 (companion)

Purpose and intent

A 6838 seeks to prohibit confidentiality or nondisclosure clauses in contracts the state enters for the purchase of services or commodities. The underlying aim appears to be increasing transparency in state procurement by ensuring contract terms are accessible, rather than concealed by confidentiality provisions.

Key provisions (based on available information)

  • The bill would bar the inclusion of confidential or confidentiality provisions in contracts for the purchase of services or commodities by the state.
  • Specific exemptions, enforcement mechanisms, penalties, or effective date are not detailed in the provided information.
  • The text provided does not indicate whether this prohibition would apply to all state agencies uniformly or under certain conditions, nor does it specify handling of sensitive or trade-secret information.

Scope and who is affected

  • Affected entities: State agencies and departments that procure services or commodities, as well as vendors/contractors entering into such contracts. Public access to contract terms could be increased as a result of the prohibition on confidential clauses.
  • The impact on vendors’ ability to protect sensitive information (if any) is not described in the provided materials.

Procedural status and timeline

  • Introduced: March 14, 2025
  • Committee action: Referred to the Governmental Operations committee on the same date.
  • The provided information shows two identical “Referred to Governmental Operations” entries, which likely reflects docketing duplicates rather than multiple referrals.

Related legislation

  • A 4934 (prior-session)
  • A 4440 (prior-session)
  • A 3706 (prior-session)
  • S 3775 (companion)

Potential impacts and considerations

  • Transparency and accountability: By restricting confidential clauses, the bill could enhance public access to procurement terms and procedures.
  • Vendor negotiations: Bidders and contractors may need to adjust terms if confidentiality protections were previously relied upon; potential shifts in negotiating leverage or contract structuring.
  • Public policy balance: If sensitive information or legitimate business interests are affected, stakeholders may seek clarifications or exemptions (not specified in the current summary).
  • Implementation: Any practical effect will depend on the bill’s final language regarding definitions, scope, exceptions, and enforcement mechanisms, as well as its effective date.

Note: This summary reflects the information provided and does not include content not specified in the bill’s description.

Compiled from official sources — confirm details with the bill’s official record.

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