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:
1 Section 1. Paragraph a of subdivision 1 of section 161 of the state
2 finance law, as amended by chapter 452 of the laws of 2012, is amended
3 to read as follows:
4 a. The state procurement council shall continuously strive to improve
5 the state's procurement process. Such council shall consist of twenty-
6 one members, including the commissioner, the state comptroller, the
7 director of the budget, the chief diversity officer and the commissioner
8 of economic development, or their respective designees; seven members
9 who shall be the heads of other large and small state agencies chosen by
10 the governor, or their respective designees; one member, appointed by
11 the governor, representing a not-for-profit New York-based organization
12 engaged in the marketing and/or promotion of New York grown farm and
13 agricultural products or a not-for-profit New York-based organization
14 engaged solely in the advocacy, marketing and/or promotion of organic
15 New York grown farm and agricultural products to be limited to a two
16 year term; and eight at large members appointed as follows: three
17 appointed by the temporary president of the senate, one of whom shall be
18 a representative of local government and one of whom shall be a repre-
19 sentative of private business; three appointed by the speaker of the
20 assembly, one of whom shall be a representative of local government and
21 one of whom shall be a representative of private business; one appointed
22 by the minority leader of the senate; and, one appointed by the minority
23 leader of the assembly; and two non-voting observers appointed as
24 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
1 appointed by the speaker of the assembly. The non-voting observers shall
2 be provided, contemporaneously, all documentation and materials distrib-
3 uted to members. The council shall be chaired by the commissioner and
4 shall meet at least quarterly. In addition to any other members named
5 hereinabove, ex officio members shall include the following non-voting
6 members or their respective designees: the executive officer of a state-
7 wide business association, and the executive officer of a statewide
8 association representing local governments.
9 § 2. Subdivision 2 of section 161 of the state finance law is amended
10 by adding a new paragraph o to read as follows:
11 o. Recommend to the commissioner necessary legislative changes or
12 modifications to existing or proposed rules, regulations and procedures
13 that would increase participation by resident businesses in state
14 contracts, and create model language to be used by agencies when issuing
15 requests for bids or proposals to other solicitations or offers that
16 would increase the ability of resident businesses to participate in
17 state procurements.
18 § 3. Subdivision 4 of section 161 of the state finance law, as added
19 by chapter 83 of the laws of 1995, is amended to read as follows:
20 4. The commissioner shall report to the governor, the legislature and
21 the director of the budget, and the state procurement council, by Decem-
22 ber thirty-first, nineteen hundred ninety-five and thereafter annually
23 on any modifications to or rejections of the rules and regulations
24 proposed by the council, and shall provide quarterly updates on any
25 initiatives that significantly affect state contracts including without
26 limitation strategic sourcing or similar initiatives, or pursuant to
27 requests made concerning any procurement initiatives by the council, the
28 department, or the commissioner.
29 § 4. This act shall take effect immediately.
