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
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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.