S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4560
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M. of A. BLAKE, COOK, MOSLEY, SEAWRIGHT, VANEL -- Multi-
   Sponsored by -- M. of A. CROUCH, THIELE -- 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:
   § 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 ENTERPRISE
 MUST PROVIDE A PERCENTAGE OF VALUE ADDED SERVICES REPRESENTING AN  EQUI-
 TABLE  INTEREST  IN  THE  JOINT  VENTURE, AND ALL PARTIES SHALL AGREE TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08798-01-9
              

 A. 4560                             2
 
 SHARE IN THE PROFITS AND LOSSES OF THE BUSINESS  ENDEAVOR  ACCORDING  TO
 THEIR PERCENTAGE OF EQUITABLE INTEREST.
   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.
   §  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.