senate Bill S4915

2013-2014 Legislative Session

Relates to the state procurement council

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
returned to senate
died in assembly
Jun 04, 2013 referred to governmental operations
delivered to assembly
passed senate
Jun 03, 2013 advanced to third reading
May 30, 2013 2nd report cal.
May 29, 2013 1st report cal.801
May 01, 2013 referred to finance

Votes

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Co-Sponsors

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S4915 - Bill Details

See Assembly Version of this Bill:
A7148
Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Amd ยง161, St Fin L

S4915 - Bill Texts

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Relates to the state procurement council.

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BILL NUMBER:S4915

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.

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

                                  4915

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               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  one

 EXPLANATION--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.

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