Bill Text: NJ A1133 | 2012-2013 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes local public contract set-aside program for business enterprises that are owned by or that employ veterans.

Spectrum: Slight Partisan Bill (Democrat 11-4)

Status: (Introduced - Dead) 2012-12-17 - Substituted by S527 (2R) [A1133 Detail]

Download: New_Jersey-2012-A1133-Amended.html

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[First Reprint]

ASSEMBLY, No. 1133

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 

 

Sponsored by:

Assemblyman  ANGEL FUENTES

District 5 (Camden and Gloucester)

Assemblyman  GILBERT "WHIP" L. WILSON

District 5 (Camden and Gloucester)

Assemblyman  HERB CONAWAY, JR.

District 7 (Burlington)

Assemblywoman  CLEOPATRA G. TUCKER

District 28 (Essex)

 

Co-Sponsored by:

Assemblyman Rumpf, Assemblywoman Gove, Assemblymen DeAngelo, Amodeo, C.A.Brown and Singleton

 

 

 

 

SYNOPSIS

     Authorizes local public contract set-aside program for business enterprises that are owned by or that employ veterans.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Military and Veterans' Affairs Committee on September 27, 2012, with amendments.

  

An Act concerning certain public contract set-aside programs and amending P.L.1985, c.482.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 1 of P.L.1985, c.482 (C.40A:11-41) is amended to read as follows:

     As used in this act:

     a.     "County or municipal contracting agency" shall mean the governing body of a county or municipality or any department, board, commission, committee, authority or agency of a county or municipality but shall not include school districts;

     b.    "Minority group members" shall mean persons who are black, Hispanic, Portuguese, Asian-American, American Indian or Alaskan natives;

     c.     "Qualified women's business enterprise" shall mean a business which has its principal place of business in this State, is independently owned and operated, is at least 51% owned and controlled by women and is qualified pursuant to section 25 of P.L. 1971, c. 198 (C. 40A:11-25);

     d.    "Qualified minority business enterprise" shall mean a business which has its principal place of business in this State, is independently owned and operated, is at least 51% owned and controlled by minority group members and is qualified pursuant to section 25 of P.L. 1971, c. 198 (C. 40A:11-25);

     e.     "Qualified small business enterprise" shall mean a business which has its principal place of business in this State, is independently owned and operated and meets all other qualifications as may be established in accordance with P.L. 1981, c. 283 (C. 52:27H-21.1 et seq.);

     f.     "Set-aside contracts" shall mean (1) a contract for goods, equipment, construction, or services which is designated as a contract for which bids are invited and accepted only from qualified small business enterprises, qualified minority business enterprises or qualified women's business enterprises, as appropriate, (2) a portion of a contract when that portion has been so designated, or (3) any other purchase or procurement so designated; and

     g.     "Total procurements" shall mean all purchases, contracts or acquisitions of a county or municipal contracting agency, whether by competitive bidding, single source contracting, or other method of procurement, as prescribed or permitted by law;

     h.     "Veteran" shall have the same meaning as set forth in subsection b. of N.J.S.11A:5-1, except that the veteran shall present to the Adjutant General of the Department of Military and Veterans' Affairs sufficient evidence of a record of service and receive a determination of status no later than the date established for the submission of bids;

     i.      "Qualified veteran business enterprise" shall mean a business which has its principal place of business in this State, is independently owned and operated, is at least 51% owned and controlled by a veteran, or that agrees to hire veterans¹, equaling at least twenty five percent of the required workforce for the contract including veterans hired¹ if additional workers are required to perform the contract, and is qualified pursuant to section 25 of P.L.1971, c.198 (C.40A:11-25).  ¹The business shall also submit forms quarterly to the contracting agency showing proof of veteran status for all the veteran employees.¹

(cf:  P.L.1985, c.482, s.1)

 

     2.    Section 2 of P.L.1985, c.482 (C.40A:11-42) is amended to read as follows:

     2.    a.  The governing body of a county or municipality may, by ordinance or resolution, as appropriate, establish a qualified minority business enterprise set-aside program.  In authorizing such a program, the governing body of a county or municipality shall establish a goal for its contracting agencies of setting aside a certain percentage of the dollar value of total procurements to be awarded as set-aside contracts to qualified minority business enterprises.

     b.    The governing body of a county or municipality may, by ordinance or resolution, as appropriate, establish a qualified women's business enterprise set-aside program.  In authorizing such a program, the governing body of a county or municipality shall establish a goal for its contracting agencies of setting aside a certain percentage of the dollar value of total procurements to be awarded as set-aside contracts to qualified women's business enterprises.

     c.     The governing body of a county or municipality may, by ordinance or resolution, as appropriate, establish a qualified small business enterprise set-aside program.  In authorizing such a program, the governing body of a county or municipality shall establish a goal for its contracting agencies of setting aside a certain percentage of the dollar value of total procurements to be awarded as set-aside contracts to qualified small business enterprises.

     d.    The governing body of a county or municipality may, by ordinance or resolution, as appropriate, establish a qualified veteran business enterprise set-aside program.  In authorizing such a program, the governing body of a county or municipality shall establish a goal for its contracting agencies of setting aside a certain
percentage of the dollar value of total procurements to be awarded as set-aside contracts to qualified veteran business enterprises.

(cf: P.L.1985, c.482, s.2)

 

     3.    This act shall take effect immediately.