Bill Text: NJ S3013 | 2022-2023 | Regular Session | Amended
Bill Title: Revises definition of women's business enterprise and minority business enterprise.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2024-01-08 - Approved P.L.2023, c.217. [S3013 Detail]
Download: New_Jersey-2022-S3013-Amended.html
SENATE, No. 3013
STATE OF NEW JERSEY
220th LEGISLATURE
INTRODUCED SEPTEMBER 22, 2022
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
Senator NELLIE POU
District 35 (Bergen and Passaic)
Co-Sponsored by:
Senators Durr, Ruiz, Singleton and Turner
SYNOPSIS
Revises definition of women's business enterprise and minority business enterprise.
CURRENT VERSION OF TEXT
As reported by the Assembly Budget Committee on June 28, 2023, with amendments.
An Act concerning the definition of women's business enterprises and 1minority business enterprises, amending various parts of the statutory law, and1 supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. Any statutory definition of "women's business," "women's business enterprise," "women-owned business," or "women-owned business enterprise" used for the purposes of State certification of a women's business enterprise or for the purposes of providing financial assistance and other programs for businesses certified as a women's business enterprise in this State shall include a business that has its principal place of business in this State, is independently owned, operated, and controlled by women, and whose requisite 51 percent ownership by women is achieved, in whole or in part, by the equity percentage of the business enterprise owned by an irrevocable trust in which, other than an administrative trustee, the trustee is a woman or a majority of the trustees are women and the beneficiary is a woman or a majority of the beneficiaries are women.]1
1[2. Any business enterprise which has been denied certification or re-certification as a "women's business," "women's business enterprise," "women-owned business," or "women-owned business enterprise," but which would qualify under section 1 of P.L. , c. (C. )(pending before the Legislature as this bill), may apply following the effective date of section 1 for certification or re-certification without waiting for the expiration of any otherwise prescribed statutory or regulatory waiting period governing the timing of re-application given a denial of certification or re-certification.]1
11. Section 2 of P.L.1986, c.195 (C.52:27H-21.18) is amended to read as follows:
2. As used in this act:
a. "Control" means authority over the affairs of a business, including, but not limited to, capital investment, property acquisition, employee hiring, contract negotiations, legal matters, officer and director selection, operating responsibility, financial transactions and the rights of other shareholders or joint partners; except that control shall not include absentee ownership, nor shall it be deemed to exist where an owner or employee who is not a minority, in the case of a minority business; or a male owner or employee, in the case of a women's business, is disproportionately responsible for the operation of the business or for policy and contractual decisions.
b. "Commissioner" means the [Secretary and Chief Executive Officer of the New Jersey Commerce and Economic Growth Commission created pursuant to section 3 of P.L.1998, c.44 (C.52:27C-63)] Treasurer of the State of New Jersey.
c. "Director" means the Director of the Division of [Development for Small Businesses and Women's and Minority Businesses in the New Jersey Commerce and Economic Growth Commission created pursuant to section 3 of P.L.1998, c.44 (C.52:27C-63)] Revenue and Enterprise Services in the New Jersey Department of the Treasury.
d. "Division" means the Division of [Development for Small Businesses and Women's and Minority Businesses in the New Jersey Commerce and Economic Growth Commission created pursuant to section 3 of P.L.1998, c.44 (C.52:27C-63)] Revenue and Enterprise Services in the New Jersey Department of the Treasury.
e. "Minority" means a person who is:
(1) Black, which is a person having origins in any of the black racial groups in Africa; or
(2) Hispanic, which is a person [of Spanish or Portuguese culture,] with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race; or
(3) Asian-American, which is a person having origins in any of the original peoples of the Far East, Southeast Asia, Indian subcontinent, Hawaii, or the Pacific Islands; or
(4) American Indian or Alaskan native, which is a person having origins in any of the original peoples of North America.
f. "Minority business" means a business which is:
(1) A sole proprietorship owned and controlled by a minority;
(2) A partnership or joint venture owned and controlled by minorities in which at least 51% of the ownership interest is held by minorities and the management and daily business operations of which are controlled by one or more of the minorities who own it; or
(3) A corporation or other entity whose management and daily business operations are controlled by one or more minorities who own it, and of which [is] at least 51% [owned] of the legal beneficial ownership is held by one or more minorities [, or, if stock is issued, at least 51% of the stock is owned by one or more minorities].
g. "Public agency" means the State or any department, division, agency, authority, board, commission or committee thereof.
h. "Woman" or "women" means a female or females, regardless of race.
i. "Women's business" means a business which is:
(1) A sole proprietorship owned and controlled by a woman; or
(2) A partnership or joint venture owned and controlled by women in which at least 51% of the ownership is held by women and the management and daily business operations of which are controlled by one or more 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 of which [is] at least 51% [owned] of the legal beneficial ownership is held by women [, or, if stock is issued, at least 51% of the stock is owned by one or more women].
j. "Applicant" means an individual or individuals, a sole proprietor, partnership, joint venture or corporation that applies for certification as a minority business or women's business, in accordance with the provisions of P.L.1986, c.195 (C.52:27H-21.17 et seq.).1
(cf: P.L.2003, c.189, s.2)
12. Section 5 of P.L.2003, c.189 (C.52:27H-21.22b) is amended to read as follows:
5. After a minority business or women's business has been recertified after first receiving initial certification, the director shall require the certified minority business or certified women's business to apply for recertification every five years. The director may require of the applicant the documentation that is necessary to determine the applicant's eligibility for recertification, including but not limited to:
a. Names and addresses of the owner, partners or shareholders, as applicable, and their representative shares of ownership;
b. Names and addresses of members of the board of directors, in the case of corporations;
c. Names and addresses of the officers of the business;
d. Names and addresses of capital investors;
e. Number of shares of stock issued and outstanding, in the case of a corporation;
f. Articles of incorporation, bylaws, partnership agreements, or joint venture agreements, as applicable;
g. [The capacity of the business to be bonded;] Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
h. The affiliation of the business or any of its owners, officers or directors with any other business entity;
i. A representative list of prior and current clients;
j. Major real and personal property holdings of the business;
k. Financial statements and balance sheets;
l. Banking institutions with which the business is affiliated; and
m. Organizational charts;
n. An applicant's certificate of birth and motor vehicle driver's license;
o. Personal or corporate federal or State income tax returns;
p. An affidavit certifying that the applicant is a minority business or women's business, as defined in section 2 of P.L.1986, c.195 (C.52:27H-21.18); and
q. Any other information the director deems necessary to effectuate the purposes of this act.1
(cf: P.L.2003, c.189, s.5)
13. Section 2 of P.L.1987, c.56 (C.52:27H-21.26) is amended to read as follows:
2. As used in this act:
a. "Commissioner" means the [Commissioner of the Department of Commerce and Economic Development or his designated representative, which may be the New Jersey Economic Development Authority] Treasurer of the State of New Jersey.
b. "Minority" means a person who is:
(1) Black, which is a person having origins in any of the black racial groups in Africa; or
(2) Hispanic, which is a person [of Spanish or Portuguese culture,] with origins in Mexico, South or Central America, or the Caribbean Islands regardless of race; or
(3) Asian American, which is a person having origins in any of the original peoples of the Far East, Southeast Asia, Indian Subcontinent, Hawaii, or the Pacific Islands; or
(4) American Indian or Alaskan native, which is a person having origins in any of the original peoples of North America.
c. "Minority business" means a business which is:
(1) A sole proprietorship, owned and controlled by a minority;
(2) A partnership or joint venture owned and controlled by minorities in which at least 51% of the ownership interest is held by minorities and the management and daily business operations of which are controlled by one or more of the minorities who own it; or
(3) A corporation or other entity whose management and daily business operations are controlled by one or more minorities who own it, and of which [is] at least 51% [owned] of the legal beneficial ownership is held by one or more minorities [, or, if stock is issued, at least 51% of the stock is owned by one or more minorities].
d. "Small business" means a business which is of a size and type defined by the commissioner.
e. "Women's business" means a business 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% of the ownership is held by women and the management and daily business operations of which are controlled by one or more 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 of which [is] at least 51% [owned] of the legal beneficial ownership is held by women [, or, if stock is issued, at least 51% of the stock is owned by one or more women].
f. "Grantee" means a county or municipality who has received a grant under this act.
g. "Technical assistance" means aiding the establishment, development and promotion of small, minority and women's businesses operating within the grantee's jurisdiction by means that will be defined by the commissioner under the provisions of the act.
h. "Certification assistance" means aiding minority and women's businesses within the grantee's jurisdiction in becoming certified, under State regulations, to be eligible to bid on public contracts or otherwise represent themselves as a "minority business" or "women's business" under any program conducted by public agencies for which such certification is so required. Certification assistance also covers the cost to the grantee of integrating and standardizing existing local government certification procedures with State certification standards and procedures.1
(cf: P.L.1987, c.56, s.2)
14. (New Section) Any business enterprise which was denied certification or re-certification as a "women's business," "women's business enterprise," "women-owned business," "women-owned business enterprise," "minority business," "minority business enterprise," "minority-owned business," or a "minority-owned business enterprise," within a 12-month period preceding the effective date of this bill, and which would qualify for certification or re-certification in accordance with section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), may apply, following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), for certification or re-certification without waiting for the statutory or regulatory waiting period governing the timing of re-application after a denial of certification or re-certification.1
1[3.] 5.1 This act shall take effect immediately.
