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:

  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

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

                                                           LBD01196-01-9

S. 471                              2

SUBDIVISION  PURCHASING  PERSONNEL  MAY RECEIVE, BUT ARE NOT REQUIRED TO
RECEIVE, THE TRAINING, CONTINUING EDUCATION  OR  CERTIFICATION  PROVIDED
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.