NY State Senate Bill 2025-S1432

Senate Bill S1432

2025-2026 Legislative Session

Allows for in-state suppliers to receive preference in certain situations when the state is awarding contracts

download bill text pdf

Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2025	referred to finance

co-Sponsors

2025-S1432 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §149, St Fin L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S5479
2023-2024: S1074

2025-S1432 (ACTIVE) - Summary

Allows for in-state suppliers to receive preference in certain situations when the state is awarding contracts.

2025-S1432 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1432

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the state finance law, in relation to allowing for
in-state suppliers to receive preference in certain situations when the
state is awarding contracts

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will help in-state suppliers better compete in bids for New
York State contracts.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: The state finance law is amended by adding a new section 148
to address the meanings of "State agency" and "existing in-state suppli-
er." If a New York State contract bid by an in-state supplier is not
more than 15 percent of the lowest responsible bid from an out-of-state
supplier, the instate supplier will have the opportunity to match.

Section 2: Provides the effective date

 
JUSTIFICATION:

There has been a disturbing trend of New York State taxpayer money being
spent to contract with out-of-state companies. Particularly, with so
many in our business community struggling to stay afloat, bolstering the
competitors of New York businesses and the economies of other states is
increasingly difficult to justify.

Many in-state suppliers are already at a disadvantage because the cost
of doing business in New York is largely attributed to onerous state
government taxes, laws and regulations. This bill would. Allow in-state
vendors who are within 15 percent of the lowest bid, the opportunity to
match the lowest responsible bid of an out-of-state supplier. Agencies
would then have the opportunity to give preference to the in-state
bidder.

This will also help address any potential abuse by in-state bidders, who
think they have the advantage and can bid much higher than what a market
rate may be for the product or service they are providing.

 
PRIOR LEGISLATIVE HISTORY:

2024: 81074/A5724 Referred to Finance

2023: S1074/A5724 Referred to Finance

2022: S.5479-B Referred to Procurement and Contracts

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S1432 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1432
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced  by  Sens. BORRELLO, OBERACKER, O'MARA, PALUMBO -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Finance
 
 AN ACT to amend the state finance  law,  in  relation  to  allowing  for
   in-state  suppliers  to  receive preference in certain situations when
   the state is awarding contracts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  state finance law is amended by adding a new section
 149 to read as follows:
   § 149. IN-STATE  SUPPLIER  PREFERENCE  FOR  STATE  CONTRACTS.  1.  FOR
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "STATE AGENCY" SHALL HAVE THE SAME MEANING AS DEFINED  IN  SECTION
 ONE HUNDRED SEVENTY-NINE-E OF THIS CHAPTER.
   (B)  "EXISTING  IN-STATE  SUPPLIER" SHALL MEAN AN INDIVIDUAL OR ENTITY
 WHO IS RESIDENT IN THE STATE  AND  REGULARLY  AND  CONSISTENTLY  DOES  A
 MAJORITY OF THEIR BUSINESS WITHIN THE STATE WHO IS ABLE TO PROVIDE GOODS
 OR SERVICES THAT THE STATE IS LOOKING TO CONTRACT FOR.
   2.  WHEN  A STATE CONTRACT FOR THE PURCHASE OF GOODS OR SERVICES IS TO
 BE MADE AND AWARDED TO THE LOWEST RESPONSIBLE BIDDER, AN OTHERWISE QUAL-
 IFIED BIDDER WHO WILL FULFILL THE CONTRACT WHO IS AN  EXISTING  IN-STATE
 SUPPLIER  OF SUCH GOODS OR SERVICES SHALL BE ALLOWED TO MATCH THE BID OF
 THE LOWEST RESPONSIBLE BIDDER BEFORE ANY CONTRACT IS MADE AND AWARDED BY
 THE STATE OR BY ANY STATE AGENCY IF SUCH LOWEST  RESPONSIBLE  BIDDER  IS
 NOT  AN  EXISTING  IN-STATE SUPPLIER, PROVIDED THAT THE COST INCLUDED IN
 THE BID OF SUCH EXISTING IN-STATE SUPPLIER  IS  NOT  MORE  THAN  FIFTEEN
 PERCENT  GREATER THAN THE COST INCLUDED IN THE BID OF THE LOWEST RESPON-
 SIBLE BIDDER WHO IS NOT AN EXISTING IN-STATE SUPPLIER.
   3. IF AN OTHERWISE  QUALIFIED  BIDDER  WHO  IS  AN  EXISTING  IN-STATE
 SUPPLIER  CHOOSES  TO  MATCH THE LOWEST RESPONSIBLE BIDDER WHO IS NOT AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04467-01-5

 S. 1432                             2
 
 EXISTING IN-STATE SUPPLIER, THEN THE STATE OR A STATE  AGENCY  MAY  GIVE
 PREFERENCE  TO  SUCH EXISTING IN-STATE SUPPLIER WHEN MAKING AND AWARDING
 SUCH CONTRACT.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1432

Share this bill

Sponsored By

George M. Borrello