Assembly Bill A6871

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

                                  6871

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 8, 2015
                               ___________

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

AN ACT to amend the executive law, in relation to establishing  a  joint
  venture program for minority and women-owned business enterprises

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section  313-b
to read as follows:
  S 313-B. OPPORTUNITIES FOR JOINT VENTURE PARTICIPATION. 1. IN ORDER TO
IMPROVE  THE SUCCESS OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES IN
CONTRACTING WITH THE STATE  OR  RECEIVING  SUBCONTRACTS  UNDER  A  STATE
CONTRACT  AND  TO CREATE SOURCES OF RELIABLE CONTRACTORS AND SUBCONTRAC-
TORS READY TO PERFORM LARGER JOBS  AND  RESPONSIBILITIES,  THE  DIRECTOR
SHALL  DEVELOP  A  JOINT VENTURE PROGRAM TO FOSTER RELATIONSHIPS BETWEEN
NON-MINORITY AND  WOMEN-OWNED  BUSINESS  ENTERPRISES  AND  MINORITY  AND
WOMEN-OWNED  BUSINESS ENTERPRISES. SUCH PROGRAM SHALL ALSO ALLOW NON-MI-
NORITY AND WOMEN-OWNED BUSINESS ENTERPRISES WITH EXPERIENCE IN CONTRACT-
ING WITH THE STATE TO PROVIDE CERTIFIED MINORITY AND  WOMEN-OWNED  BUSI-
NESS  ENTERPRISES  TRAINING  AND  ASSISTANCE ON SUCH BIDS AND CONTRACTS.
SUCH PROGRAM SHALL ALSO ALLOW CERTIFIED MINORITY AND  WOMEN-OWNED  BUSI-
NESS ENTERPRISES WHO ARE REJECTED AS CONTRACTORS TO HAVE THE OPPORTUNITY
TO  ESTABLISH  A  JOINT  VENTURE  WITH  AN  EXPERIENCED NON-MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISE. FOR PURPOSES OF  THIS  SECTION,  "JOINT
VENTURE"  MEANS  A  CONTRACTUAL  AGREEMENT  JOINING TOGETHER TWO OR MORE
BUSINESS  ENTERPRISES,  ONE  OF  WHICH  IS  A  CERTIFIED  MINORITY   AND
WOMEN-OWNED  BUSINESS  ENTERPRISE,  FOR  THE  PURPOSE OF PERFORMING ON A
STATE CONTRACT.  THE CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS  ENTER-
PRISE  MUST PROVIDE A PERCENTAGE OF VALUE ADDED SERVICES REPRESENTING AN
EQUITABLE INTEREST IN THE JOINT VENTURE, AND ALL PARTIES SHALL AGREE  TO
SHARE  IN  THE  PROFITS AND LOSSES OF THE BUSINESS ENDEAVOR ACCORDING TO
THEIR PERCENTAGE OF EQUITABLE INTEREST.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09816-01-5
              

A. 6871                             2

  2. THE DIRECTOR SHALL PROMULGATE RULES  AND  REGULATIONS  FOR  PARTIC-
IPATION IN THE PROGRAM.  INCENTIVES FOR BUSINESSES TO PARTICIPATE IN THE
PROGRAM  MAY  INCLUDE, BUT NOT BE LIMITED TO, CREDIT TOWARDS FULFILLMENT
OF MINORITY AND WOMEN-OWNED BUSINESS PARTICIPATION REQUIREMENTS.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  the  amendments  to  article
15-A  of  the  executive  law  made by section one of this act shall not
affect the expiration of such article and  shall  be  deemed  to  expire
therewith; provided, further that the director of the division of minor-
ity and women's business development shall be authorized to commence the
rulemaking process required pursuant to section one of this act prior to
the effective date of this act.