Bill Text: NJ A1938 | 2022-2023 | Regular Session | Amended

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Bill Title: Establishes requirements for State to enter into contract for purchase of menstrual products.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Engrossed - Dead) 2023-02-28 - Received in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [A1938 Detail]

Download: New_Jersey-2022-A1938-Amended.html

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[First Reprint]

ASSEMBLY, No. 1938

STATE OF NEW JERSEY

220th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION

 

 

Sponsored by:

Assemblywoman  LISA SWAIN

District 38 (Bergen and Passaic)

Assemblyman  RAJ MUKHERJI

District 33 (Hudson)

Assemblywoman  ANGELA V. MCKNIGHT

District 31 (Hudson)

 

Co-Sponsored by:

Assemblywomen Speight and Jaffer

 

 

 

 

SYNOPSIS

     Establishes requirements for State to enter into contract for purchase of menstrual products.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly State and Local Government Committee on February 16, 2023, with amendments.

  

An Act concerning menstrual products 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.  The Director of the Division of Purchase and Property in the Department of the Treasury shall review all State purchasing arrangements, contracts, and initiatives, and shall consider options to maximize the State's bargaining power with regard to menstrual products, which may include recommending appropriate statutory, administrative, or executive actions as may be necessary to reduce the cost of purchasing menstrual products to State programs and entities.

     b.  The director shall, ¹[in coordination with the State Treasurer, and any other appropriate State departments, divisions, offices, agencies, programs, or entities, as shall be designated by the director, develop and implement bulk purchasing arrangements for menstrual products] at the request of a State department, division, office, or agency, advertise for and award a contract to purchase menstrual products.  The contract shall be available for use by all executive branch entities and cooperative purchasing participants¹ .

     c.  ¹[The director shall develop outreach efforts and establish processes for county and local governments, as well as non-profit entities pursuant to section 2 of P.L.    , c.           (C.       ) (pending before the Legislature as this bill), to benefit from State bulk purchasing arrangements for menstrual products.

     d.]¹  As used in this act:

     ¹"Cooperative purchasing participants" means, collectively, interstate cooperative purchasing participants and intrastate cooperative purchasing participants.¹

     "Director" means Director of the Division of Purchase and Property.

     ¹"Interstate cooperative purchasing participants" means another state or other states, or political divisions thereof, which pursuant to laws and regulations therein are permitted to utilize contracts awarded by the Director.

     "Intrastate cooperative purchasing participants" means political subdivisions, volunteer fire departments and first aid squads, and independent institutions of higher education and school districts pursuant to section 3 of P.L.1969, c.104 (C.52:25-16.1), State and county colleges pursuant to section 9 of P.L.1986, c.43 (C.18A:64-60) and section 9 of P.L.1982, c.189 (C.18A:64A-25.9), quasi-State agencies and independent authorities pursuant to section 1 of P.L.1959, c.40 (C.52:27B-56.1), and other New Jersey public entities having statutory authority to utilize select State contracts issued by the Division of Purchase and Property.¹

     "Menstrual product" means any product that meets applicable industry standards and is designed specifically for the absorption or containment of menses, which includes, but is not limited to:  pads, pantiliners, tampons, and menstrual cups.

 

     2. a. A non-profit entity may, at the director's discretion, purchase menstrual products under any contract awarded for the purchase of menstrual products on behalf of the State by the director, subject to such rules as the director may establish.

     b.  The director may establish limitations with respect to the menstrual products available for purchase and impose other appropriate conditions upon purchasing as the director deems necessary to protect the State's purchasing interests.

     c.  The non-profit entity shall file such reports as the director may require setting forth the expenditures on such contracts.

 

     3.  The Director of Purchase and Property in the Department of the Treasury ¹[, the Commissioner of Education, and the State Treasurer shall] may¹ , pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as ¹[may be] the director deems¹ necessary for the implementation of this act.

 

     4.  This act shall take effect immediately.