Bill Text: NY A00554 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the economic development law, in relation to training of employees with procurement authority and responsibilities

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-07-01 - held for consideration in ways and means [A00554 Detail]

Download: New_York-2009-A00554-Introduced.html

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                           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:
    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
   24  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
    1  UNDER THIS SECTION. THE DEPARTMENT SHALL COLLECT THE FEES  DESCRIBED  IN
    2  SUBDIVISION  THREE  OF  THIS  SECTION FOR TRAINING, EDUCATION OR CERTIF-
    3  ICATION PROVIDED IN THIS SUBDIVISION. "POLITICAL SUBDIVISION",  AS  USED
    4  IN  THIS  SECTION,  SHALL  MEAN A MUNICIPAL CORPORATION, DISTRICT CORPO-
    5  RATION OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
    6    5. THE DEPARTMENT MAY PROVIDE TRAINING AND CONTINUING EDUCATION  UNDER
    7  THIS  SECTION  USING ITS OWN PERSONNEL OR THROUGH CONTRACTS WITH PRIVATE
    8  ENTITIES. THE DEPARTMENT MAY ALSO, BY AGREEMENT WITH  A  PUBLIC  ENTITY,
    9  USE  THE  SERVICES  OF  PERSONS EMPLOYED BY THE PUBLIC ENTITY TO PROVIDE
   10  TRAINING AND CONTINUING EDUCATION UNDER THIS SECTION.
   11    6. THE DEPARTMENT SHALL PRESCRIBE THE  CONTINUING  EDUCATION  REQUIRE-
   12  MENTS  FOR  AFFECTED PURCHASING PERSONNEL; PROVIDED, HOWEVER, THAT IN NO
   13  EVENT SHALL SUCH REQUIREMENTS BE LESS  THAN  A  MINIMUM  OF  TWENTY-FOUR
   14  HOURS OF CONTINUING EDUCATION EVERY TWO YEARS.
   15    S 2. This act shall take effect on the one hundred twentieth day after
   16  it  shall have become law. Effective immediately the commissioner of the
   17  department of economic development is authorized to promulgate rules and
   18  regulations necessary for the implementation of this act on  its  effec-
   19  tive date.