Bill Text: NJ S2619 | 2014-2015 | Regular Session | Introduced
Bill Title: Permits educational research and services corporations to act as lead procurement agencies for local units, and publically supported educational institutions; permits Council of County Colleges to act as lead procurement agency for county colleges.*
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-06-25 - Substituted by A3807 (2R) [S2619 Detail]
Download: New_Jersey-2014-S2619-Introduced.html
Sponsored by:
Senator JIM WHELAN
District 2 (Atlantic)
SYNOPSIS
Permits educational research and services corporations to act as lead procurement agencies for State and local units, and publically supported educational institutions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the efficient procurement of goods and services by certain entities and amending and supplementing P.L.1994, c.48.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1994, c.48 (C.18A:3B-3) is amended to read as follows:
3. For the purposes of this act, unless the context clearly requires a different meaning:
"Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-3;
"Commission" means the New Jersey Commission on Higher Education established by this act;
"Council" means the New Jersey Presidents' Council established by this act;
"Council of County Colleges" means the New Jersey Council of County Colleges established pursuant to N.J.S.18A:64A-26.
"County college" means an educational institution established by one or more counties, pursuant to chapter 64A of Title 18A of the New Jersey Statutes;
"Educational research and services corporation" means a nonprofit corporation whose voting members are public research universities, State colleges, county colleges, public institutions of higher education primarily located in the State of New Jersey, and nonprofit independent institutions of higher education that receive direct State aid.
"Programmatic Mission" means all program offerings consistent within those levels of academic degrees or certificates that the institution has been authorized to grant by the State Board of Higher Education prior to the effective date of this act or approved thereafter by the commission;
"Public Research University" means Rutgers, The State University of New Jersey, Rowan University, and the New Jersey Institute of Technology;
"State college" means any of the State colleges or universities established pursuant to chapter 64 of Title 18A of the New Jersey Statutes including any State college designated as a teaching university.
(cf: P.L.2012, c.45, s.67)
2. (New section) a. (1) The governing board of a public research university or a State college may join with other public research universities, State colleges, county colleges, public institutions of higher education primarily located in the State of New Jersey, and nonprofit independent institutions of higher education that receive direct State aid, to form an educational research and services corporation to be operated exclusively for charitable, scientific, and educational purposes, within the meaning of paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code (26 U.S.C. s.501).
(2) The Council of County Colleges acting on behalf of participating county colleges, may form an educational research and services corporation to be operated exclusively for charitable, scientific, and educational purposes within the meaning of paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code (26 U.S.C. s.501).
b. (1) An educational research and services corporation may act as a lead agency or contracting unit for the procurement of goods or services by State departments, agencies, authorities, independent authorities, and commissions.
(2) An educational research and services corporation shall be deemed a local unit for the purposes of the "Uniform Shared Services and Consolidation Act," sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35) and may act as a lead agency or contracting unit for the procurement of goods or services by municipalities, fire districts, counties, local authorities subject to the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.), school districts, county colleges, State colleges, public research universities, nonprofit independent institutions of higher education that receive direct State aid, or any combination of those entities, including entities listed in paragraph (1) of this subsection.
3. This act shall take effect immediately.
STATEMENT
The bill permits an educational research and services corporation, to act as the lead agency or lead contracting unit, without obtaining a waiver from the State, for the procurement of goods and services used by State departments, agencies, authorities, independent authorities, commissions, and by municipalities, fire districts, counties, local authorities subject to the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.), school districts, county colleges, State colleges, public research universities, and nonprofit independent institutions of higher education that receive direct State aid.
An "educational research and services corporation" is defined as a non-profit corporation whose voting membership is comprised of public research universities, State colleges, county colleges, public institutions of higher education primarily located in the State of New Jersey, and nonprofit independent institutions of higher education that receive direct State aid. The governing board of a public research university or a State college may join with other institutions of higher education to form an educational research and services corporation. The bill also permits the New Jersey Council of Colleges to form an educational research and services corporation.
An example of a non-profit corporation that would qualify as an educational research and services corporation is NJEDge.Net, which was established in 2000 following the recommendations of a 1997 Technology Task Force convened by the Commission on Higher Education. Currently, NJEDge.Net provides advanced technology services to its members, including cloud services, high speed Internet access, and digital learning tools. Providing this type of entity with the authority to act as a lead procurement agency for various units of State and local government, and publically supported educational institutions, will help increase the availability of advanced technology and fast Internet services to government entities and students of all grade levels throughout New Jersey.
