Section 139-B. Disqualification to contract with state  


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  • Any person who, 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 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 the  state  or
      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 thirty-nine-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, or  the  organized
      crime  task  force  in  the  department  of law 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  state
      commissioner  of  transportation,  except in the event the investigation
      concerns a public building transaction or contract said notice shall  be
      sent  to the state commissioner of general services, 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.