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.

---

S1187-2011 Actions

• Feb 7, 2011: RECOMMIT, ENACTING CLAUSE STRICKEN
• Jan 5, 2011: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S1187-2011 Memo

BILL NUMBER:S1187

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

PURPOSE:
The purpose of this bill is to require training and
continuing education for purchasing personnel.

SUMMARY OF PROVISIONS:
Section 1 states that the Department of Economic Development shall
establish and administer a system of training, continuing education
and certification for state agency purchasing personnel.

Section 2 states that all state agency purchasing personnel must
receive training in order to participate in agency purchases.

Section 3 states that the Department shall set and collect a fee from
the state agencies who employ purchasing personnel. The fee shall be
used to cover the department's costs created by this measure.

Section 4 states that the Department may provide training, continuing
education and certification to purchasing personnel employed by
political subdivisions or other public entities in New York.

Section 5 states that the Department may provide these services either
using its own personnel or through contracts with private entities.

Section 6 states that the there be a minimum of twenty-four hours of
continuing education every two years.

JUSTIFICATION:
The intent of this legislation is to require state
employees with procurement responsibilities to be properly trained
and meet continuing education requirements. New York State already
requires training and licensure of many trades and occupations in an
attempt to protect the public. For example, insurance adjustors,
school administrators and assessors all
must meet requirements for training and certification. Proper training
of purchasing personnel will ensure that the taxpayers' money is
dealt with efficiently, prudently and in conformance with current
procurement laws.

Purchasing personnel are entrusted to spend the taxpayers' money;
therefore, it is only reasonable that guidelines be set forth to
ensure these individuals have and maintain the right tools necessary
to carry out their responsibilities. Additionally, this legislation
should serve not only as a requirement for State employees, but as a
guide for all purchasing officials and local governments. Cost
reductions achieved as a result of good purchasing practices can
benefit all levels of government.

LEGISLATIVE HISTORY:


2009/2010 - S.471/A.554 Remained in the Senate Committee on Commerce,
Economic Development and Small Business and Remained in the
Assembly Committee on Ways and Means
2007/2008 - S.734 Remained in the Senate Committee on Commerce,
Economic Development and Small Business
2005/2006 - S.220  Remained in the Senate Committee on Commerce,
Economic Development and Small Business

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the one hundred
twentieth day after it shall have become law; however, effective
immediately, the commissioner of the department of economic
development is authorized to promulgate rules and regulations
necessary for implementation of this act.

S1187-2011 Text

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

                                    1187

                         2011-2012 Regular Sessions

                              I N  SENATE

                               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:


    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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05178-01-1

 S. 1187                             2

  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.