Bill Text: NY S00471 | 2009-2010 | General Assembly | Introduced
Bill Title: Provides for the certification and training of state agency purchasing personnel; requires the department of economic development to establish and administer a system of training, continuing education and certification of state agency purchasing personnel. [Track Bill]
Status: 2010-01-06 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S00471 Detail]
S T A T E O F N E W Y O R K ________________________________________________________________________ 471 2009-2010 Regular Sessions I N S E N A T E (PREFILED) January 7, 2009 ___________ Introduced by Sens. BRESLIN, ADAMS, DUANE, HASSELL-THOMPSON, KRUEGER, ONORATO, SAMPSON, SCHNEIDERMAN, SMITH, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business AN ACT to amend the economic development law, in relation to training of employees with procurement authority and responsibilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The economic development law is amended by adding a new 2 section 147 to read as follows: 3 S 147. TRAINING AND CERTIFICATION OF STATE AGENCY PURCHASING PERSON- 4 NEL. 1. THE DEPARTMENT SHALL ESTABLISH AND ADMINISTER A SYSTEM OF TRAIN- 5 ING, CONTINUING EDUCATION AND CERTIFICATION FOR STATE AGENCY PURCHASING 6 PERSONNEL. THE DEPARTMENT MAY ADOPT RULES TO ADMINISTER THE PROVISIONS 7 OF THIS SECTION. THE TERM "STATE AGENCY" SHALL HAVE THE SAME MEANING AS 8 PROVIDED IN SUBDIVISION ONE OF SECTION ONE HUNDRED FORTY-ONE OF THIS 9 ARTICLE. 10 2. ALL STATE AGENCY PURCHASING PERSONNEL, INCLUDING AGENCIES EXEMPTED 11 FROM THE PURCHASING AUTHORITY OF THE DEPARTMENT, MUST RECEIVE THE TRAIN- 12 ING AND CONTINUING EDUCATION TO THE EXTENT REQUIRED BY RULES OF THE 13 DEPARTMENT. A STATE AGENCY EMPLOYEE WHO IS REQUIRED TO RECEIVE THE 14 TRAINING MAY NOT PARTICIPATE IN PURCHASES BY THE EMPLOYING AGENCY UNLESS 15 THE EMPLOYEE HAS RECEIVED THE REQUIRED TRAINING OR RECEIVED EQUIVALENT 16 TRAINING FROM A NATIONAL ASSOCIATION RECOGNIZED BY THE DEPARTMENT. 17 3. THE DEPARTMENT SHALL SET AND COLLECT A FEE FROM STATE AGENCIES THAT 18 EMPLOY PURCHASING PERSONNEL. THE DEPARTMENT SHALL SET THE FEE IN AN 19 AMOUNT THAT RECOVERS THE DEPARTMENT'S COSTS UNDER THIS SECTION. 20 4. THE DEPARTMENT MAY PROVIDE TRAINING, CONTINUING EDUCATION AND 21 CERTIFICATION UNDER THIS SECTION TO PURCHASING PERSONNEL EMPLOYED BY A 22 POLITICAL SUBDIVISION OR OTHER PUBLIC ENTITY OF THE STATE. POLITICAL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01196-01-9 S. 471 2 1 SUBDIVISION PURCHASING PERSONNEL MAY RECEIVE, BUT ARE NOT REQUIRED TO 2 RECEIVE, THE TRAINING, CONTINUING EDUCATION OR CERTIFICATION PROVIDED 3 UNDER THIS SECTION. THE DEPARTMENT SHALL COLLECT THE FEES DESCRIBED IN 4 SUBDIVISION THREE OF THIS SECTION FOR TRAINING, EDUCATION OR CERTIF- 5 ICATION PROVIDED IN THIS SUBDIVISION. "POLITICAL SUBDIVISION", AS USED 6 IN THIS SECTION, SHALL MEAN A MUNICIPAL CORPORATION, DISTRICT CORPO- 7 RATION OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. 8 5. THE DEPARTMENT MAY PROVIDE TRAINING AND CONTINUING EDUCATION UNDER 9 THIS SECTION USING ITS OWN PERSONNEL OR THROUGH CONTRACTS WITH PRIVATE 10 ENTITIES. THE DEPARTMENT MAY ALSO, BY AGREEMENT WITH A PUBLIC ENTITY, 11 USE THE SERVICES OF PERSONS EMPLOYED BY THE PUBLIC ENTITY TO PROVIDE 12 TRAINING AND CONTINUING EDUCATION UNDER THIS SECTION. 13 6. THE DEPARTMENT SHALL PRESCRIBE THE CONTINUING EDUCATION REQUIRE- 14 MENTS FOR AFFECTED PURCHASING PERSONNEL; PROVIDED, HOWEVER, THAT IN NO 15 EVENT SHALL SUCH REQUIREMENTS BE LESS THAN A MINIMUM OF TWENTY-FOUR 16 HOURS OF CONTINUING EDUCATION EVERY TWO YEARS. 17 S 2. This act shall take effect on the one hundred twentieth day after 18 it shall have become law. Effective immediately the commissioner of the 19 department of economic development is authorized to promulgate rules and 20 regulations necessary for the implementation of this act on its effec- 21 tive date.