Bill Text: NJ S2921 | 2016-2017 | Regular Session | Introduced
Bill Title: Requires State agencies and local government units to report certain information concerning bids on public contracts by minority- and women-owned business enterprises; prohibits discrimination against such enterprises.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-30 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S2921 Detail]
Download: New_Jersey-2016-S2921-Introduced.html
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Requires State agencies and local government units to report certain information concerning bids on public contracts by minority- and women-owned business enterprises; prohibits discrimination against such enterprises.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning bidding on public contracts by 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. For each full State fiscal year commencing after the effective date of P.L. , c. (pending before the Legislature as this bill), a State agency or local government unit having authority to contract for the purchase of goods or services shall examine the opportunity of qualified minority- and women-owned business enterprises to bid on any contract awarded by that agency or unit. Each such agency and unit shall collect and submit, by July 31 of each year, to the Division of Revenue in the Department of the Treasury, the Division of Local Government Services in the Department of Community Affairs, or the Department of Education, as appropriate, a report detailing the findings of the examination, which shall include:
(1) the total number of the agency's or unit's contracts and the dollar value thereof;
(2) the total number of the agency's or unit's contracts in which qualified minority- and women-owned business enterprises submitted a bid and the dollar value thereof;
(3) the total number of qualified minority- and women-owned business enterprises that submitted a bid on each contract awarded by the agency or unit;
(4) the total number of the agency's or unit's contracts that were awarded to qualified minority- and women-owned business enterprises and the dollar value thereof; and
(5) the total number of the agency's or unit's contracts, and the dollar value thereof, for which qualified minority- and women-owned business enterprises submitted the lowest bid but were not awarded the contract, the reason therefor, and the business to which the contract was awarded.
b. The Director of the Division of Revenue in the Department of the Treasury, the Director of the Division of Local Government Services in the Department of Community Affairs, and the Commissioner of the Department of Education, as appropriate, shall submit, by September 30 of each year, to the Governor, and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report detailing, both in the aggregate and categorized by agency or unit, the information included in the reports submitted pursuant to subsection a. of this section.
c. Each State agency or local government unit having authority to contract for the purchase of goods or services shall give due consideration to any qualified minority- and women-owned business enterprises that bids on a contract awarded by the State agency or local government unit. No such State agency or local government unit shall discriminate against qualified minority- and women-owned business enterprises in the awarding of any contract.
d. For the purposes of this section:
"State agency" means any agency in the Executive Branch of the State government, including, but not limited to, any department, board, bureau, commission, division, office, council, or instrumentality thereof, or independent agency, public authority or public benefit corporation, and any State college or public institution of higher education;
"Local government unit" means any government entity subject to the requirements of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., or the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.);
"Qualified minority-owned business enterprise" means a business which is independently owned and operated, which has its principal place of business in this State, which is qualified pursuant to N.J.S.18A:18A-27, section 25 of P.L.1971, c.198 (C.40A:11-25), or any similar law or regulation applicable to a State agency contract, as appropriate, and which is:
(1) A sole proprietorship, owned and controlled by a person who is a minority;
(2) A partnership or joint venture owned and controlled by persons who are minorities in which at least 51 percent of the ownership interest is held by persons who are minorities and the management and daily business operations of which are controlled by one or more of the persons who are minorities who own it; or
(3) A corporation or other entity whose management and daily business operations are controlled by one or more persons who are minorities who own it, and which is at least 51 percent owned by one or more persons who are minorities, or if stock is issued, at least 51 percent of the stock is owned by one or more persons who are minorities; and
"Qualified women-owned business enterprise" means a business which is independently owned and operated, which has its principal place of business in this State, which is qualified pursuant to N.J.S.18A:18A-27, section 25 of P.L.1971, c.198 (C.40A:11-25), or any similar law or regulation applicable to a State agency contract, as appropriate, and which is:
(1) A sole proprietorship, owned and controlled by a woman;
(2) A partnership or joint venture owned and controlled by women in which at least 51 percent of the ownership interest is held by women and the management and daily business operations of which are controlled by one or more of the women who own it; or
(3) A corporation or other entity whose management and daily business operations are controlled by one or more women who own it, and which is at least 51 percent owned by one or more women, or if stock is issued, at least 51 percent of the stock is owned by one or more women.
e. The State Treasurer, the Director of the Department of Community Affairs, and the President of the New Jersey State Board of Education may adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to administer the provisions of this section.
2. This act shall take effect immediately.
STATEMENT
This bill requires State agencies and local government units to report certain information concerning bids on public contracts submitted by minority- and women-owned business enterprises and prohibits discrimination in contracting against such enterprises by State agencies and local government units.
Every State agency or local government unit having contracting authority is to examine the opportunity of qualified minority- and women-owned business enterprises to bid on any contract awarded by that agency or unit. Those agencies and units are to issue a report detailing the findings of the examination, which must include: (1) the total number of the agency's or unit's contracts and the dollar value thereof; (2) the total number of the agency's or unit's contracts in which qualified minority- and women-owned business enterprises submitted a bid and the dollar value thereof; (3) the total number of qualified minority- and women-owned business enterprises that submitted a bid on each contract awarded by the agency or unit; (4) the total number of the agency's or unit's contracts that were awarded to qualified minority- and women-owned business enterprises and the dollar value thereof; and (5) the total number of the agency's or unit's contracts, and the dollar value thereof, for which qualified minority- and women-owned business enterprises submitted the lowest bid but were not awarded the contract, the reason therefor, and the business to which the contract was awarded. These agencies and units must give due consideration to any qualified minority- and women-owned business enterprises bidding on a public contract, and may not discriminate against those businesses in the awarding of any contract.
The Director of the Division of Revenue, the Director of the Division of Local Government Services in the Department of Community Affairs, and the Commissioner of the Department of Education are to submit to the Governor and the Legislature a report detailing the information included in the reports by State agencies and local government units submitted pursuant to this bill.
