New York S 328: Relates to purchasing restrictions and investment of certain public funds in persons that contract to build a border wall

Status: REFERRED TO PROCUREMENT AND CONTRACTS (as of 2026-01-07)

State: New York · Session: 2025-2026 · Bill: S 328

Sponsors: Jamaal Bailey

Bill Text

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S00328 Summary:

BILL NOS00328 

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SAME ASNo Same As

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SPONSORBAILEY

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COSPNSR

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MLTSPNSR

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Add §165-b, St Fin L; add §423-d, R & SS L

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Relates to purchasing restrictions and investment of certain public funds in persons that contract to build a border wall; requires the commissioner to develop and publish, using credible information available to the public, a list of persons determined by the commissioner, that have contracted to build a border wall.

Go to top S00328 Actions:

BILL NOS00328 

&nbsp

01/08/2025REFERRED TO PROCUREMENT AND CONTRACTS

01/07/2026REFERRED TO PROCUREMENT AND CONTRACTS

Go to topS00328 Committee&nbspVotes:

Go to topS00328 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00328 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 328

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sen. BAILEY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Procurement and Contracts

 AN ACT to amend the state finance law, in relation to purchasing
 restrictions on persons that contract to build a border wall; to amend
 the retirement and social security law, in relation to the investment
 of certain public funds in persons that contract to build a border
 wall; and providing for the repeal of such provisions upon expiration
 thereof

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The state finance law is amended by adding a new section
 2 165-b to read as follows:
 3 § 165-b. Purchasing restrictions; persons that contract to build a
 4 border wall. 1. As used in this section, the following definitions shall
 5 apply:
 6 (a) "contracts to build a border wall" shall mean entering into a
 7 contract with the federal government for the purposes of building a wall
 8 along the border of Mexico and the United States of America.
 9 (b) "person" shall mean any natural person, corporation, limited
 10 liability company, unincorporated association or any other nongovern-
 11 mental entity, organization, or group, or any successor, subunit,
 12 parent, or subsidiary of the same.
 13 2. (a) Any person that is identified on a list created pursuant to
 14 paragraph (b) of this subdivision as a person that contracts to build a
 15 border wall, as defined in paragraph (a) of subdivision one of this
 16 section, shall not be deemed a responsive bidder or offerer, pursuant to
 17 section one hundred sixty-three of this article.
 18 (b) Not later than ninety days after the effective date of this
 19 section, and then annually thereafter, the commissioner shall develop
 20 and publish, using credible information available to the public, a list

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00830-01-5

 S. 328 2

 1 of persons determined by the commissioner, that have contracted to build
 2 a border wall. Such list, when developed and published, shall be posted
 3 on the website of the office of general services.
 4 (c) In the event a person included by the commissioner on the list to
 5 be developed and published in accordance with paragraph (b) of this
 6 subdivision, demonstrates to the commissioner that such person has
 7 permanently ceased contracting to build a border wall, or obtains a
 8 court order from a supreme court that such person shall be removed from
 9 such list due to the court's determination that such person has perma-
 10 nently ceased contracting to build a border wall, then the commissioner
 11 shall remove such person from such list so developed and published in
 12 accordance with paragraph (b) of this subdivision.
 13 (d) Prior to the final development and publication of the list
 14 required to be produced pursuant to paragraph (b) of this subdivision,
 15 the commissioner shall provide written notice of all persons to be
 16 included on the list, of the commissioner's intent to so include such
 17 person on such list, together with written notice informing such person
 18 that inclusion on such list would make such person a non-responsive
 19 bidder or offerer, and that such person may apply 

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