Bill Text: NJ S3505 | 2024-2025 | Regular Session | Introduced
Bill Title: Modifies title and role of Chief Diversity Officer; establishes New Jersey Office of Supplier Diversity and Business Opportunities.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-06-26 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S3505 Detail]
Download: New_Jersey-2024-S3505-Introduced.html
Sponsored by:
Senator NELLIE POU
District 35 (Bergen and Passaic)
SYNOPSIS
Modifies title and role of Chief Diversity Officer; establishes New Jersey Office of Supplier Diversity and Business Opportunities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the title and role of the Chief Diversity Officer, establishing the New Jersey Office of Supplier Diversity and Business Opportunities, amending P.L.2017, c.95, and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2017, c.95 (C.52:32-18.1) is amended to read as follows:
1. There is established in the [Division of Purchase and Property in the State] Department of the Treasury a Chief [Diversity] Equity Officer. It shall be the duty of the Chief [Diversity] Equity Officer to monitor and report on the State's public contracting process for the purpose of compiling information on the awarding of contracts to [minority-owned and women-owned] small and diverse business enterprises, and to monitor the total value of all contracts and the percentage of the value of those contracts awarded to [minority-owned and women-owned business enterprises] all small and diverse business enterprises.
It shall be the duty of the Chief Equity Officer to collect data and information from all State agencies and to publicly report this data and information concerning the State's public procurement process. Each State agency shall provide such data, information, resources, or other assistance as may be necessary to fulfill the responsibilities of the Chief Equity Officer.
The Chief Equity Officer shall report directly to the State Treasurer.
As used in this section:
"State agency" means any of the principal departments in the Executive Branch of the State Government, and any division, board, bureau, office, commission or other instrumentality within or created by such department and any independent State authority, commission, instrumentality or agency which is authorized by law to award State contracts.
"Small and diverse business enterprises" means minority businesses and female businesses as defined in section 3 of P.L.1983, c.482 (C.52:32-19), economically disadvantaged businesses or socially disadvantaged businesses as defined in section 1 of P.L.2023, c.300 (C.52:32-31.15), or disabled veterans' businesses as defined in section 2 of P.L.2015, c.116 (C.52:32-31.2), and such other business enterprises as the Chief Equity Officer deems relevant to the public interest.
(cf: P.L.2017, c.95, s.1)
2. (New section) a. There is established in the Department of the Treasury the New Jersey Office of Supplier Diversity and Business Opportunities.
b. The office shall be under the immediate supervision of the Chief Equity Officer, established pursuant to section 1 of P.L.2017, c.95 (C.52:32-18.1).
c. The Chief Equity Officer may, within the limits of funds appropriated by the Legislature, hire and employ the staff deemed necessary to effectuate the duties of the office.
d. The Office of Supplier Diversity and Business Opportunities shall:
(1) support the Chief Equity Officer in achieving their mission as established pursuant to section 1 of P.L.2017, c.95 (C.52:32-18.1);
(2) review existing State procurement policies and practices;
(3) expand outreach to, and develop capacity-building opportunities for, small and diverse business enterprises;
(4) process and manage business certifications for minority businesses and female businesses as defined in section 3 of P.L.1983, c.482 (C.52:32-19), economically disadvantaged businesses and socially disadvantaged businesses as defined in section 1 of P.L.2023, c.300 (C. 52:32-31.15), and disabled veterans' businesses as defined in section 2 of P.L.2015, c.116 (C.52:32-31.2);
(5) monitor the awarding of contracts to small and diverse business enterprises, and measure progress towards lawfully established and implemented contracting and subcontracting programs;
(6) provide ongoing and relevant training to State agencies to assist with the State's public procurement process; and
(7) evaluate the feasibility of establishing a cloud-based data management system for all State agencies to utilize for awarding and providing payments for State contracts.
e. Each State agency shall report and submit to the office, in the manner specified by the Chief Equity Officer, all delegated purchasing authority solicitations and awards issued by such State agency in accordance with R.S.52:25-23.
f. Each State agency shall develop, and submit to the office within not less than 180 calendar days prior to the end of each State fiscal year, a plan for the following fiscal year to comply with the certification programs for minority businesses and female businesses as defined in section 3 of P.L.1983, c.482 (C.52:32-19), economically disadvantaged businesses and socially disadvantaged businesses as defined in section 1 of P.L.2023, c.300 (C. 52:32-31.15), and disabled veterans' businesses as defined in section 2 of P.L.2015, c.116 (C.52:32-31.2). The office shall analyze such plans and provide feedback and guidance to the State agencies, as may be necessary.
g. As used in this section:
"State agency" means any of the principal departments in the Executive Branch of the State Government, and any division, board, bureau, office, commission or other instrumentality within or created by such department and any independent State authority, commission, instrumentality or agency which is authorized by law to award contracts.
"Small and diverse business enterprises" means minority businesses and female businesses as defined in section 3 of P.L.1983, c.482 (C.52:32-19), economically disadvantaged businesses or socially disadvantaged businesses as defined in section 1 of P.L.2023, c.300 (C.52:32-31.15), or disabled veterans' businesses as defined in section 2 of P.L.2015, c.116 (C.52:32-31.2), and such other business enterprises as the Chief Equity Officer deems relevant and appropriate.
3. This act shall take effect immediately.
STATEMENT
This bill modifies the title and role of the Chief Diversity Officer and establishes the New Jersey Office of Supplier Diversity and Business Opportunities.
Under current law, the Chief Diversity Officer monitors the State's public contracting process for the purpose of compiling information on the awarding of contracts to minority-owned and women-owned business enterprises, the total value of all contracts, and the percentage of the value of those contracts awarded to minority-owned and women-owned business enterprises.
This bill changes the title of Chief Diversity Officer to Chief Equity Officer and requires the Chief Equity Officer to monitor and publicly report the State's public contracting process for the purpose of compiling information on the awarding of contracts to small and diverse business enterprises, and to monitor the total value of all contracts and the percentage of the value of those contracts awarded to all small and diverse business enterprises. Each State agency will be required to submit the necessary data and information to the Chief Equity Officer. The Chief Equity Officer will be required to report directly to the State Treasurer.
This bill also establishes the New Jersey Office of Supplier Diversity and Business Opportunities in the Department of the Treasury. The office will be under the immediate supervision of the Chief Equity Officer, who can, within the limits of funds appropriated by the Legislature, hire and employ staff. The office must:
(1) support the Chief Equity Officer in achieving their mission;
(2) review existing State procurement policies and practices;
(3) expand outreach to, and develop capacity-building opportunities for, small and diverse business enterprises;
(4) process and manage business certifications for minority businesses, female businesses, economically disadvantaged businesses, socially disadvantaged businesses, and disabled veterans' businesses;
(5) monitor the awarding of contracts to small and diverse business enterprises, and measure progress towards lawfully established and implemented contracting and subcontracting programs;
(6) provide ongoing and relevant training to State agencies to assist with the State's public procurement process; and
(7) evaluate the feasibility of establishing a cloud-based data management system for all State agencies to utilize for awarding and providing payments for State contracts.
Each State agency will be required to develop, and submit to the office within not less than 180 calendar days prior to the end of each State fiscal year, a plan for the following fiscal year to comply with the certification programs for small and diverse business enterprises. The office will analyze these plans and provide feedback and guidance to the State agencies as may be necessary.
