N.Y. General Municipal Law § 103-b: Disqualification to contract with municipal corporations and fire districts

§ 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.