S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   554

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Economic Development, Job Creation, Commerce and Industry

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:

  Section 1. The economic development law is amended  by  adding  a  new
section 147 to read as follows:
  S  147.  TRAINING AND CERTIFICATION OF STATE AGENCY PURCHASING PERSON-
NEL. 1. THE DEPARTMENT SHALL ESTABLISH AND ADMINISTER A SYSTEM OF TRAIN-
ING, CONTINUING EDUCATION AND CERTIFICATION FOR STATE AGENCY  PURCHASING
PERSONNEL.  THE  DEPARTMENT MAY ADOPT RULES TO ADMINISTER THE PROVISIONS
OF THIS SECTION. THE TERM "STATE AGENCY" SHALL HAVE THE SAME MEANING  AS
PROVIDED  IN  SUBDIVISION  ONE  OF SECTION ONE HUNDRED FORTY-ONE OF THIS
ARTICLE.
  2. ALL STATE AGENCY PURCHASING PERSONNEL, INCLUDING AGENCIES  EXEMPTED
FROM THE PURCHASING AUTHORITY OF THE DEPARTMENT, MUST RECEIVE THE TRAIN-
ING  AND  CONTINUING  EDUCATION  TO  THE EXTENT REQUIRED BY RULES OF THE
DEPARTMENT. A STATE AGENCY EMPLOYEE  WHO  IS  REQUIRED  TO  RECEIVE  THE
TRAINING MAY NOT PARTICIPATE IN PURCHASES BY THE EMPLOYING AGENCY UNLESS
THE  EMPLOYEE  HAS RECEIVED THE REQUIRED TRAINING OR RECEIVED EQUIVALENT
TRAINING FROM A NATIONAL ASSOCIATION RECOGNIZED BY THE DEPARTMENT.
  3. THE DEPARTMENT SHALL SET AND COLLECT A FEE FROM STATE AGENCIES THAT
EMPLOY PURCHASING PERSONNEL. THE DEPARTMENT SHALL  SET  THE  FEE  IN  AN
AMOUNT THAT RECOVERS THE DEPARTMENT'S COSTS UNDER THIS SECTION.
  4.  THE  DEPARTMENT  MAY  PROVIDE  TRAINING,  CONTINUING EDUCATION AND
CERTIFICATION UNDER THIS SECTION TO PURCHASING PERSONNEL EMPLOYED  BY  A
POLITICAL  SUBDIVISION  OR  OTHER  PUBLIC ENTITY OF THE STATE. POLITICAL
SUBDIVISION PURCHASING PERSONNEL MAY RECEIVE, BUT ARE  NOT  REQUIRED  TO
RECEIVE,  THE  TRAINING,  CONTINUING EDUCATION OR CERTIFICATION PROVIDED

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

                                                           LBD01196-01-9

A. 554                              2

UNDER THIS SECTION. THE DEPARTMENT SHALL COLLECT THE FEES  DESCRIBED  IN
SUBDIVISION  THREE  OF  THIS  SECTION FOR TRAINING, EDUCATION OR CERTIF-
ICATION PROVIDED IN THIS SUBDIVISION. "POLITICAL SUBDIVISION",  AS  USED
IN  THIS  SECTION,  SHALL  MEAN A MUNICIPAL CORPORATION, DISTRICT CORPO-
RATION OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  5. THE DEPARTMENT MAY PROVIDE TRAINING AND CONTINUING EDUCATION  UNDER
THIS  SECTION  USING ITS OWN PERSONNEL OR THROUGH CONTRACTS WITH PRIVATE
ENTITIES. THE DEPARTMENT MAY ALSO, BY AGREEMENT WITH  A  PUBLIC  ENTITY,
USE  THE  SERVICES  OF  PERSONS EMPLOYED BY THE PUBLIC ENTITY TO PROVIDE
TRAINING AND CONTINUING EDUCATION UNDER THIS SECTION.
  6. THE DEPARTMENT SHALL PRESCRIBE THE  CONTINUING  EDUCATION  REQUIRE-
MENTS  FOR  AFFECTED PURCHASING PERSONNEL; PROVIDED, HOWEVER, THAT IN NO
EVENT SHALL SUCH REQUIREMENTS BE LESS  THAN  A  MINIMUM  OF  TWENTY-FOUR
HOURS OF CONTINUING EDUCATION EVERY TWO YEARS.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall have become law. Effective immediately the commissioner of the
department of economic development is authorized to promulgate rules and
regulations necessary for the implementation of this act on  its  effec-
tive date.