Bill Text: NY A04592 | 2017-2018 | General Assembly | Introduced


Bill Title: Establishes a joint venture program for minority- and women-owned business enterprises.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2018-01-03 - referred to governmental operations [A04592 Detail]

Download: New_York-2017-A04592-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4592
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 3, 2017
                                       ___________
        Introduced by M. of A. BLAKE, SEAWRIGHT, COOK, MOSLEY -- Multi-Sponsored
          by -- M. of A. CROUCH, THIELE -- read once and referred to the Commit-
          tee 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:
     1    Section  1. The executive law is amended by adding a new section 313-b
     2  to read as follows:
     3    § 313-b. Opportunities for joint venture participation. 1. In order to
     4  improve the success of minority and women-owned business enterprises  in
     5  contracting  with  the  state  or  receiving  subcontracts under a state
     6  contract and to create sources of reliable contractors  and  subcontrac-
     7  tors  ready  to  perform  larger jobs and responsibilities, the director
     8  shall develop a joint venture program to  foster  relationships  between
     9  non-minority  and  women-owned  business  enterprises  and  minority and
    10  women-owned business enterprises. Such program shall also allow  non-mi-
    11  nority and women-owned business enterprises with experience in contract-
    12  ing  with  the state to provide certified minority and women-owned busi-
    13  ness enterprises training and assistance on  such  bids  and  contracts.
    14  Such  program  shall also allow certified minority and women-owned busi-
    15  ness enterprises who are rejected as contractors to have the opportunity
    16  to establish a  joint  venture  with  an  experienced  non-minority  and
    17  women-owned  business  enterprise.  For purposes of this section, "joint
    18  venture" means a contractual agreement  joining  together  two  or  more
    19  business  enterprises,  one  of which is a certified minority and women-
    20  owned business enterprise, for the purpose  of  performing  on  a  state
    21  contract.    The  certified minority and women-owned business enterprise
    22  must provide a percentage of value added services representing an  equi-
    23  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.
                                                                   LBD00160-01-7

        A. 4592                             2
     1  share in the profits and losses of the business  endeavor  according  to
     2  their percentage of equitable interest.
     3    2.  The  director  shall  promulgate rules and regulations for partic-
     4  ipation in the program.  Incentives for businesses to participate in the
     5  program may include, but not be limited to, credit  towards  fulfillment
     6  of minority and women-owned business participation requirements.
     7    §  2.  This  act shall take effect on the ninetieth day after it shall
     8  have become a law; provided, however, that  the  amendments  to  article
     9  15-A  of  the  executive  law  made by section one of this act shall not
    10  affect the expiration of such article and  shall  be  deemed  to  expire
    11  therewith; provided, further that the director of the division of minor-
    12  ity and women's business development shall be authorized to commence the
    13  rulemaking process required pursuant to section one of this act prior to
    14  the effective date of this act.
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