Assembly Bill A7148

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

                                  7148

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 2, 2013
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  on Governmental Operations

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 one
appointed by the speaker of the assembly. The non-voting observers shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09921-01-3
              

A. 7148                             2

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.