Bill Text: NY S01187 | 2011-2012 | General Assembly | Introduced

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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.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2011-02-07 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01187 Detail]

Download: New_York-2011-S01187-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1187
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 5, 2011
                                      ___________
       Introduced  by  Sens.  BRESLIN, ADAMS, DUANE, HASSELL-THOMPSON, KRUEGER,
         SAMPSON, SMITH, STAVISKY -- read twice and ordered printed,  and  when
         printed  to be committed to the Committee on Commerce, Economic Devel-
         opment 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
   23  SUBDIVISION  PURCHASING  PERSONNEL  MAY RECEIVE, BUT ARE NOT REQUIRED TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05178-01-1
       S. 1187                             2
    1  RECEIVE, THE TRAINING, CONTINUING EDUCATION  OR  CERTIFICATION  PROVIDED
    2  UNDER  THIS  SECTION. THE DEPARTMENT SHALL COLLECT THE FEES DESCRIBED IN
    3  SUBDIVISION THREE OF THIS SECTION FOR  TRAINING,  EDUCATION  OR  CERTIF-
    4  ICATION  PROVIDED  IN THIS SUBDIVISION. "POLITICAL SUBDIVISION", AS USED
    5  IN THIS SECTION, SHALL MEAN A  MUNICIPAL  CORPORATION,  DISTRICT  CORPO-
    6  RATION OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
    7    5.  THE DEPARTMENT MAY PROVIDE TRAINING AND CONTINUING EDUCATION UNDER
    8  THIS SECTION USING ITS OWN PERSONNEL OR THROUGH CONTRACTS  WITH  PRIVATE
    9  ENTITIES.  THE  DEPARTMENT  MAY ALSO, BY AGREEMENT WITH A PUBLIC ENTITY,
   10  USE THE SERVICES OF PERSONS EMPLOYED BY THE  PUBLIC  ENTITY  TO  PROVIDE
   11  TRAINING AND CONTINUING EDUCATION UNDER THIS SECTION.
   12    6.  THE  DEPARTMENT  SHALL PRESCRIBE THE CONTINUING EDUCATION REQUIRE-
   13  MENTS FOR AFFECTED PURCHASING PERSONNEL; PROVIDED, HOWEVER, THAT  IN  NO
   14  EVENT  SHALL  SUCH  REQUIREMENTS  BE  LESS THAN A MINIMUM OF TWENTY-FOUR
   15  HOURS OF CONTINUING EDUCATION EVERY TWO YEARS.
   16    S 2. This act shall take effect on the one hundred twentieth day after
   17  it shall have become law. Effective immediately the commissioner of  the
   18  department of economic development is authorized to promulgate rules and
   19  regulations  necessary  for the implementation of this act on its effec-
   20  tive date.