Bill Text: NJ A530 | 2016-2017 | Regular Session | Introduced
Bill Title: Provides preference in certain State contracting to businesses that do not employ individuals with H-1B visas.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly State and Local Government Committee [A530 Detail]
Download: New_Jersey-2016-A530-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblywoman HOLLY SCHEPISI
District 39 (Bergen and Passaic)
SYNOPSIS
Provides preference in certain State contracting to businesses that do not employ individuals with H-1B visas.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning preferences in State contracting for certain businesses, and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of any other law to the contrary, the Director of the Division of Purchase and Property in the Department of the Treasury, the Director of the Division of Property Management and Construction in the Department of the Treasury, or any State agency having authority to contract for the purchase of goods or services with or out of funds under the custody or control of the State, when appropriating funds to implement any provisions of the "Patient Protection and Affordable Care Act," Pub.L.111-148, and the "Health Care and Education Reconciliation Act of 2010," Pub.L.111-152, shall whenever possible give preference to a business entity that does not employ any individual issued an H-1B visa for temporary employment of a foreign worker in the United States in a specialty occupation or as a fashion model.
b. In preparing the specifications for any contract for the purchase of goods and services with or out of funds under the custody or control of the State, appropriated to implement any provisions of the "Patient Protection and Affordable Care Act," Pub.L.111-148, and the "Health Care and Education Reconciliation Act of 2010," Pub.L.111-152, the Director of the Division of Purchase and Property, the Director of the Division of Property Management and Construction, or any State agency having authority to contract for the purchase of goods or services shall include in the invitation to bid, where relevant, a statement that a business entity that does not employ any individual issued an H-1B visa for temporary employment of a foreign worker in the United States in a specialty occupation or as a fashion model shall receive preference whenever possible.
c. As used in this section, "business entity" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity, whether for profit or non profit, organized under the laws of this State or of any other state or foreign jurisdiction.
2. This act shall take effect immediately, and shall apply to contracts or grants entered into or made on or after the effective date of this act.
STATEMENT
This bill provides preference to business entities that do not employ foreign workers who have been granted H-1B visas for State contracts that implement any programs of the "Patient Protection and Affordable Care Act," Pub. L.111-148, and the "Health Care and Education Reconciliation Act of 2010," Pub.L.111-152, more commonly known as the "Affordable Care Act." This type of visa permits the temporary employment of foreign workers in specialty occupations or as fashion models.
The purpose of this legislation is to ensure that positions funded by public monies to implement programs for the Affordable Care Act are used first to provide employment to individuals who are residents of this nation. It has been reported that some businesses hired by states to implement provisions of the Affordable Care Act are hiring individuals who have a temporary H-1B visa at salaries that are significantly less than the salaries of American workers in comparable jobs. These temporary H-1B visa holders are taking jobs from qualified residents of the United States.
