Relates to the state procurement council.
Ayes (33): DeFrancisco, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Grisanti, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, O'Mara, Ranzenhofer, Robach, Savino, Seward, Young, Krueger, Dilan, Rivera, Gianaris, Breslin, Montgomery, Parker, Stavisky, Squadron, Kennedy, Espaillat, Hassell-Thompson
Ayes W/R (2): Peralta, Perkins
Excused (1): Diaz
Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the state finance law, in relation to the state procurement council
PURPOSE: To establish a process for recommendations for changes by the State Procurement Council to open State procurement opportunities to resident businesses.
SUMMARY OF PROVISIONS:
Section 1. Amends State Finance Law, paragraph a of subdivision 1 of section 161, to add as ex officio non-voting members to the State Procurement Council the executive officer of a statewide business association, and the executive officer of a statewide association representing local governments.
Section 2. Creates a new paragraph o under subdivision 2 of section 161 of the state finance law requiring that the council recommend legislative changes or modifications to rules to increase participation in procurement by resident businesses.
Section 3 amends subdivision 4 of section 161 of the state finance law to require quarterly updates on initiatives that significantly affect state contracting.
EXISTING LAW: New bill.
JUSTIFICATION: This legislation creates a process under which the state procurement council and the commissioner of OGS may explore ways to increase participation in state procurement by resident businesses without raising the possibility of retaliation by other states. There are many appropriate ways in which this can be done, for example, requiring a consideration of distance in food contracts so as to assure freshness, green technology factors, or other factors.
EFFECTIVE DATE: immediately.
STATE OF NEW YORK ________________________________________________________________________ 4915 2013-2014 Regular Sessions IN SENATE May 1, 2013 ___________Introduced by Sens. GOLDEN, GRISANTI, LANZA, MAZIARZ, VALESKY, ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law, in relation to the state procure- ment council THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph a of subdivision 1 of section 161 of the state finance law, as amended by chapter 452 of the laws of 2012, is amended to read as follows: a. The state procurement council shall continuously strive to improve the state's procurement process. Such council shall consist of twenty- one members, including the commissioner, the state comptroller, the director of the budget, the chief diversity officer and the commissioner of economic development, or their respective designees; seven members who shall be the heads of other large and small state agencies chosen by the governor, or their respective designees; one member, appointed by the governor, representing a not-for-profit New York-based organization engaged in the marketing and/or promotion of New York grown farm and agricultural products or a not-for-profit New York-based organization engaged solely in the advocacy, marketing and/or promotion of organic New York grown farm and agricultural products to be limited to a two year term; and eight at large members appointed as follows: three appointed by the temporary president of the senate, one of whom shall be a representative of local government and one of whom shall be a repre- sentative of private business; three appointed by the speaker of the assembly, one of whom shall be a representative of local government and one of whom shall be a representative of private business; one appointed by the minority leader of the senate; and, one appointed by the minority leader of the assembly; and two non-voting observers appointed as follows: one appointed by the temporary president of the senate and oneEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09921-01-3 S. 4915 2
appointed by the speaker of the assembly. The non-voting observers shall be provided, contemporaneously, all documentation and materials distrib- uted to members. The council shall be chaired by the commissioner and shall meet at least quarterly. IN ADDITION TO ANY OTHER MEMBERS NAMED HEREINABOVE, EX OFFICIO MEMBERS SHALL INCLUDE THE FOLLOWING NON-VOTING MEMBERS OR THEIR RESPECTIVE DESIGNEES: THE EXECUTIVE OFFICER OF A STATE- WIDE BUSINESS ASSOCIATION, AND THE EXECUTIVE OFFICER OF A STATEWIDE ASSOCIATION REPRESENTING LOCAL GOVERNMENTS. S 2. Subdivision 2 of section 161 of the state finance law is amended by adding a new paragraph o to read as follows: O. RECOMMEND TO THE COMMISSIONER NECESSARY LEGISLATIVE CHANGES OR MODIFICATIONS TO EXISTING OR PROPOSED RULES, REGULATIONS AND PROCEDURES THAT WOULD INCREASE PARTICIPATION BY RESIDENT BUSINESSES IN STATE CONTRACTS, AND CREATE MODEL LANGUAGE TO BE USED BY AGENCIES WHEN ISSUING REQUESTS FOR BIDS OR PROPOSALS TO OTHER SOLICITATIONS OR OFFERS THAT WOULD INCREASE THE ABILITY OF RESIDENT BUSINESSES TO PARTICIPATE IN STATE PROCUREMENTS. S 3. Subdivision 4 of section 161 of the state finance law, as added by chapter 83 of the laws of 1995, is amended to read as follows: 4. The commissioner shall report to the governor, the legislature and the director of the budget, AND THE STATE PROCUREMENT COUNCIL, by Decem- ber thirty-first, nineteen hundred ninety-five and thereafter annually on any modifications to or rejections of the rules and regulations proposed by the council, AND SHALL PROVIDE QUARTERLY UPDATES ON ANY INITIATIVES THAT SIGNIFICANTLY AFFECT STATE CONTRACTS INCLUDING WITHOUT LIMITATION STRATEGIC SOURCING OR SIMILAR INITIATIVES, OR PURSUANT TO REQUESTS MADE CONCERNING ANY PROCUREMENT INITIATIVES BY THE COUNCIL, THE DEPARTMENT, OR THE COMMISSIONER. S 4. This act shall take effect immediately.