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.
S00328 would bar New York state agencies from treating certain vendors as responsive bidders or offerers if they are identified by the commissioner of general services as persons that contract to build a border wall for the federal government. The bill directs the commissioner to create and maintain a public list of such persons, provide notice before inclusion, allow removal if the person permanently ceases such contracting or obtains a court order, and issue annual reports on actions taken under the law. It also requires bidders, contractors, and assignees seeking state procurement contracts to certify that they are not on the list and have not contracted to build a border wall.
The bill also amends the retirement and social security law to prohibit investment of certain public funds, including the common retirement fund and pension or annuity funds under the comptroller’s jurisdiction, in listed persons and in banks or financial institutions that directly or indirectly contract to build a border wall. The comptroller would be required to divest prohibited holdings, with divestment completed within three years, subject to prudential limits, and to report annually on implementation. The act would take effect immediately and expire on January 20, 2029.
If enacted, the bill would add a new procurement disqualification and public-investment restriction tied to border wall contracting, affecting state agencies, vendors, the Office of General Services, and the State Comptroller. It would amend the State Finance Law and the Retirement and Social Security Law by creating new sections governing bidder certification, list publication, contract sanctions, and divestment from covered entities. The measure would also apply to contracts involving commodities, services, construction, public buildings, and highway law procurement, and would require annual reporting and administrative rulemaking.
The available record shows no committee transcript or vote history, so there is no documented floor or committee debate to gauge support or opposition. Based on the bill text, the measure appears to reflect a policy position opposing participation in border wall construction by entities seeking New York state contracts or public investment. The absence of recorded votes or discussion means sentiment cannot be measured from legislative proceedings in the provided materials.
The main likely point of contention is whether New York should use procurement and pension-investment policy to penalize companies that contract with the federal government to build a border wall. Supporters would likely view the bill as a values-based restriction on state spending and investment, while opponents may argue it is politically motivated, could limit competition for state contracts, and may complicate fiduciary or procurement obligations. The bill also creates administrative and legal issues around identifying covered persons, notice and removal from the list, exemptions for necessity or preexisting contracts, and the scope of divestment from banks or subsidiaries.