ASSEMBLY, No. 3891

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED JUNE 6, 2016

 


 

Sponsored by:

Assemblyman  TIM EUSTACE

District 38 (Bergen and Passaic)

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

 

 

 

 

SYNOPSIS

     Includes businesses owned by lesbian, gay, bisexual, or transgender persons or by persons with a disability in certain assistance programs.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the inclusion of businesses owned by lesbian, gay, bisexual, or transgender persons or by persons with a disability for certain assistance programs, amending various parts of the statutory law, and amending various titles.

 

 

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

 

     1.    Section 8 of P.L.1962, c.37 (C.10:5-2.1) is amended to read as follows:

     8.    Nothing contained in this act or in P.L.1945, c.169 (C.10:5-1 et seq.) shall be construed to require or authorize any act prohibited by law, nor to prevent the award of a contract to a small business enterprise, minority business enterprise [or], women's business enterprise, LGBT business enterprise, or disabled persons’ business enterprise under P.L.1985, c.490 (C.18A:18A-51 et seq.) nor to conflict with the provisions of chapter 2 (child labor) of Title 34 of the Revised Statutes, nor to require the employment of any person under the age of 18, nor to prohibit the establishment and maintenance of bona fide occupational qualifications or the establishment and maintenance of apprenticeship requirements based upon a reasonable minimum age, nor to prevent the termination or change of the employment of any person who in the opinion of the employer, reasonably arrived at, is unable to perform adequately the duties of employment, nor to preclude discrimination among individuals on the basis of competence, performance, conduct or any other reasonable standards, nor to interfere with the operation of the terms or conditions and administration of any bona fide retirement, pension, employee benefit or insurance plan or program, including any State or locally administered public retirement system, provided that the provisions of those plans or programs are not used to establish an age for mandatory retirement.

     As used in this section, “LGBT” means lesbian, gay, bisexual, or transgender.

     As used in this section, “disabled person” means a person with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.).

(cf: P.L.1988, c.37, s.9)

 

     2.    Section 1 of P.L.1985, c.490 (C.18A:18A-51) is amended to read as follows:

     1.    As used in this act:

     a.     "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 America, 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, the 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 in North America;

     b.    "Women's business enterprise" means a business which is independently owned and operated, which is qualified pursuant to N.J.S. 18A:18A-27 and 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 which is at least 51% owned by women, or if stock is issued, at least 51% of the stock is owned by one or more women;

     c.     "Minority business enterprise" means a business which is independently owned and operated, which is qualified pursuant to N.J.S. 18A:18A-27 and 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 which is at least 51% owned 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 enterprise" means a business which is independently owned and operated, which is qualified pursuant to N.J.S. 18A:18A-27 and which is a sole proprietorship, partnership or corporation which is a size and type defined by the [Commissioner of the Department of Commerce, Energy and Economic Development] State Treasurer;

     e.     "Set-aside contract" means (1) a contract for goods, equipment, construction, or services which is designated as a contract for which bids are invited and accepted only from small business enterprises, minority business enterprises [or], women's business enterprises, LGBT business enterprises, or disabled persons’ 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]

     f.     "Total procurements" means all purchases, contracts or acquisitions of a board of education, whether by competitive bidding, single source contracting, or other method of procurement, as prescribed or permitted by law [.];

     g.    “LGBT” means lesbian, gay, bisexual, or transgender;

     h.    “LGBT business enterprise” means a business which is independently owned and operated, which is qualified pursuant to N.J.S. 18A:18A-27 and which is:

     (1)   A sole proprietorship owned and controlled by a lesbian, gay, bisexual, or transgender person;

     (2)   A partnership or joint venture owned and controlled by lesbian, gay, bisexual, or transgender persons in which at least 51% of the ownership interest is held by such individuals and the management and daily business operations of which are controlled by one or more such individuals who own it; or

     (3)   A corporation or other entity whose management and daily business operations are controlled by one or more lesbian, gay, bisexual, or transgender person or persons who own it, and which is at least 51% owned by one or more such individuals, or if stock is issued, at least 51% of the stock is owned by one or more  such individuals;

     i.     “Disabled person” means a person with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.); and

     j.     “Disabled persons’ business enterprise” means a business which is independently owned and operated, which is qualified pursuant to N.J.S. 18A:18A-27 and which is:

     (1)   A sole proprietorship owned and controlled by a person with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.);

     (2)   A partnership or joint venture owned and controlled by persons with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.), in which at least 51% of the ownership interest is held by such individuals and the management and daily business operations of which are controlled by one or more such individuals who own it; or

     (3)   A corporation or other entity whose management and daily business operations are controlled by one or more person or persons with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.) who own it, and which is at least 51% owned by one or more such individuals, or if stock is issued, at least 51% of the stock is owned by one or more such individuals.

(cf: P.L.1988, c.37, s.2)

 

     3.    Section 2 of P.L.1985, c.490 (C.18A:18A-52) is amended to read as follows:

     2.    a.  A board of education may, by resolution, establish a minority business enterprise set-aside program.  In authorizing such a program, the board of education shall establish a goal of setting aside a certain percentage of the dollar value of total procurements to be awarded as set-aside contracts to minority business enterprises.

     b.    A board of education may, by resolution, establish a women's business enterprise set-aside program.  In authorizing such a program, the board of education shall establish a goal of setting aside a certain percentage of the dollar value of total procurements to be awarded as set-aside contracts to women's business enterprises.

     c.     A board of education may, by resolution, establish a small business enterprise set-aside program.  In authorizing such a program, the board of education shall establish a goal of setting aside a certain percentage of the dollar value of total procurements to be awarded as set-aside contracts to small business enterprises.

     d.    A board of education may, by resolution, establish an LGBT business enterprise set-aside program.  In authorizing such a program, the board of education shall establish a goal of setting aside a certain percentage of the dollar value of total procurements to be awarded as set-aside contracts to LGBT business enterprises.

     e.     A board of education may, by resolution, establish a disabled persons’ business enterprise set-aside program.  In authorizing such a program, the board of education shall establish a goal of setting aside a certain percentage of the dollar value of total procurements to be awarded as set-aside contracts to disabled persons’ business enterprises.

(cf: P.L.1988, c.37, s.3)

 

     4.    Section 3 of P.L.1985, c.490 (C.18A:18A-53) is amended to read as follows:

     3.    a.  Any goal established pursuant to section 2 of this act may be attained by requiring that a portion of a contract shall be subcontracted to a small business enterprise, minority business enterprise [or], women's business enterprise, LGBT business enterprise, or disabled persons’ business enterprise, in addition to designating entire contracts to these enterprises.

     b.    Each board of education shall make a good faith effort to attain any goal established.

(cf: P.L.1988, c.37, s.4)

 

     5.    Section 5 of P.L.1985, c.490 (C.18A:18A-55) is amended to read as follows:

     5.    Notwithstanding the provisions of any law to the contrary, a board of education which has established a small business enterprise set-aside program, a minority business enterprise set-aside program [or], a women's business enterprise set-aside program, an LGBT business enterprise set-aside program, or a disabled persons’ business enterprise set-aside program, shall designate that a contract, subcontract or other means of procurement of goods, services, equipment, or construction shall be awarded to a small business enterprise, a minority business enterprise [or], a women's business enterprise, an LGBT business enterprise, or a disabled persons’ business enterprise if the board is likely to receive bids from at least two small business enterprises, minority business enterprises [or], women's business enterprises, LGBT business enterprises, or disabled persons’ business enterprises, as appropriate, at a fair and reasonable price.

     The designations shall be made prior to any advertisement for bids, if required.  Once designated, the advertisement for bids, if necessary, shall indicate that the contract to be awarded is a small business enterprise set-aside contract, a minority business enterprise set-aside contract [or], a women's business enterprise set-aside contract, an LGBT business enterprise set-aside contract, or a disabled persons’ business enterprise set-aside contract, as appropriate.  All advertisements for bids shall be published in at least one newspaper which will best provide notice thereof to small business enterprises, minority business enterprises [or to], women's business enterprises, LGBT business enterprises, or disabled persons’ business enterprises, as appropriate, sufficiently in advance of the date fixed for receiving the bids to promote competitive bidding, but shall not be published less than 10 days prior to that date.

(cf: P.L.1988, c.37, s.5)

 

     6.    Section 6 of P.L.1985, c.490 (C.18A:18A-56) is amended to read as follows:

     6.    a.  If the board of education determines that two bids from small businesses, minority businesses, [or] women's businesses, LGBT businesses, or disabled persons’ businesses cannot be obtained, the board may withdraw the designation of the set-aside contract and resolicit bids on an unrestricted basis pursuant to the provisions of N.J.S. 18A:18A-1 et seq. The cancelled designation shall not be considered in determining whether or not the board attained its goal established pursuant to section 2 of this act.

     b.    If the board of education determines that the acceptance of the lowest responsible bid will result in the payment of an unreasonable price, the board shall reject all bids and withdraw the designation of the set-aside contract.  Small business enterprises, minority business enterprises [or], women's business enterprises, LGBT business enterprises, or disabled persons’ business enterprises, as appropriate, shall be notified in writing of the set-aside cancellation, the reasons for the rejection and the board's intent to resolicit bids on an unrestricted basis pursuant to the provisions of N.J.S. 18A:18A-1 et seq.  The cancelled bid solicitation shall not be considered in determining whether or not the board attained its goal established pursuant to section 2 of this act.

(cf: P.L.1988, c.37, s.6)

 

     7.    Section 7 of P.L.1985, c.490 (C.18A:18A-57) is amended to read as follows:

     7.    Any board of education which has established a small business set-aside program, a minority business enterprise set-aside program [or], a women's business enterprise set-aside program, an LGBT business enterprise set-aside program, or a disabled persons’ business enterprise set-aside program shall prepare a report by January 31 of each year describing the board's efforts in attaining the set-aside goals and the percentage of the dollar value of total procurements awarded in the immediately preceding local fiscal year.  The board of education shall publish a list of its attainments in at least one newspaper circulating in the school district by March 1 of each year.

(cf: P.L.1988, c.37, s.7)

 

     8.    Section 9 of P.L.1985, c.490 (C.18A:18A-59) is amended to read as follows:

     9.    Where the local board of education determines that a business has been classified as a small business enterprise, minority business enterprise [or], women's business enterprise, LGBT business enterprise, or disabled persons’ business enterprise on the basis of false information knowingly supplied by the business and has been awarded a contract to which it would not otherwise have been entitled under this act, the local board of education shall have the authority to:

     a.     Assess the business any difference between the contract amount and what the local board of education's cost would have been if the contract had not been awarded in accordance with the provisions of this act;

     b.    In addition to the amount due under subsection a., assess the business a penalty in an amount of not more than 10% of the amount of the contract involved; and

     c.     Order the business ineligible to transact any business with the local board of education for a period to be determined by the local board of education.

     Prior to any final determination, assessment or order under this section, the local board of education shall afford the business an opportunity for a hearing on the reasons for the imposition of the penalties set forth in subsection a., b. or c. of this section.

(cf: P.L.1988, c.37, s.11)

 

     9.    Section 1 of P.L.1985, c.386 (C.34:1B-47) is amended to read as follows

     1.    The Legislature finds and declares:

     a.     That entrepreneurship is a vital component of the national heritage that fosters the health and dynamism of the overall economy;

     b.    That despite their contribution as major generators of employment, small businesses are struggling to survive in the private sector;

     c.     That due to a historical legacy of disregard and discrimination, minorities [and]; women; lesbian, gay, bisexual, or transgender persons; and persons with a disability control a disproportionately small fraction of the productive resources of the State and are therefore largely excluded from the mainstream of the overall economy;

     d.    That the problems of inadequate capital and management expertise that pertain to businesses owned by minorities [and]; women; lesbian, gay, bisexual, or transgender persons; and persons with a disability are the same problems that pertain, in varying degrees, to all small businesses;

     e.     That the public sector at both the national and State levels has recognized the appropriateness of the role of encouraging small businesses generally and women and minorities in particular;

     f.     That the continuing disparity of capital accumulation in the South Jersey region has hampered the survival of small entrepreneurs and the economic development and independence of minorities [and]; women; lesbian, gay, bisexual, or transgender persons; and persons with a disability, and has limited opportunities for enterprise development by individuals from each of these populations;

     g.    That economic development within the small business and minority communities and among women, lesbian, gay, bisexual, or transgender persons, and persons with a disability increases the prosperity of the entire State by generating revenues and reducing the State burden of unemployment, welfare and other supportive social services;

     h.    That in order to promote these goals it is necessary to establish a permanent government entity, an authority, with a long-term mandate for the delivery of financial and overall assistance to small businesses and businesses owned by minorities [and]; women; lesbian, gay, bisexual, or transgender persons; and persons with a disability;

     i.     That the authority shall focus efforts clearly on areas of greatest need and shall have a commitment toward the establishment of quality programs;

     j.     That the authority shall be responsible, both directly and as an intermediary, for providing financing and for coordinating a wide range of intensive and ongoing business expertise;

     k.    That the authority shall pursue its mandate in accordance with a well-conceived business strategy and underwriting standards that approximate those utilized by traditional lenders;

     [L.]  l.  That the authority's success in fulfilling its mandate shall be measured by the ultimate viability of the enterprises it assists.

(cf: P.L.1985, c.386, s.1)

 

     10.  Section 2 of P.L.1985, c.386 (C.34:1B-48) is amended to read as follows:

     2.    For the purposes of this act:

     a.     "Authority" means the New Jersey Economic Development Authority [for Small Businesses, Minorities and Women's Enterprises established pursuant to the provisions of this act];

     b.    "Board" means the board of directors of the New Jersey Economic Development Authority [for Small Businesses, Minorities and Women's Enterprises established pursuant to the provisions of this act];

     c.     "Eligible business" means a small business or a minority [or], women's, LGBT, or disabled persons’ business determined to be eligible to receive assistance and participate in programs according to the standards established pursuant to this act;

     d.    "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, and 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;

     e.     "Minority business" means a business in which at least 51% of the beneficial ownership of the business is held by minorities, and in which the majority of the management are minorities;

     f.     "Small business" means a business in which at least 51% of the beneficial ownership of the business is held by persons other than minorities  [or]; women; lesbian, gay, bisexual, or transgender persons; or persons with a disability, and the majority of the management of which is other than minorities [or]; women; lesbian, gay, bisexual, or transgender persons; and persons with a disability, and which business is of a type and size defined by the [Commissioner of the Department of Commerce and Economic Development] State Treasurer as a small business, which definition shall be similar to that of the federal Small Business Administration;

     g.    "Women" means a woman, regardless of race;

     h.    "Women's business" means a business in which at least 51% of the beneficial ownership of the business is held by women, and in which the majority of the management are women[.];

     i.     “LGBT” means lesbian, gay, bisexual, or transgender;

     j.     “LGBT business” means a business in which at least 51% of the beneficial ownership of the business is held by one or more lesbian, gay, bisexual, or transgender person or persons, and in which the majority of the management are such individuals;

     k.    “Disabled person” means a person with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.); and

     l.     “Disabled persons’ business” means a business in which at least 51% of the beneficial ownership of the business is held by one or more person or persons with a disability as defined under “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.), and in which the majority of the management are such individuals.

(cf: P.L.1985, c.386, s.2)

 

     11.  Section 4 of P.L.1985, c.386 (C.34:1B-50) is amended to read as follows:

     4.    The authority shall have the power:

     a.     To adopt bylaws for the regulation of its affairs and the conduct of its business, which shall include a code of ethics with respect to conflicts of interest;

      b.   To sue or be sued in the name of the authority, provided that a judgment against the authority shall not create any direct liability against its directors, employees, or its agents;

     c.     To indemnify its directors, employees and agents for any and all claims, suits, costs of investigations, costs of defense, settlements, or judgments against them on account of an act or omission in the scope of a director's duties, or an employee's or agent's employment, but the authority shall refuse to indemnify if it determines that the act or failure to act was because of actual fraud, willful misconduct, or actual malice;

     d.    To enter into any contracts as are necessary or proper to carry out the provisions and purposes of this act;

     e.     To establish and maintain any reserve or insurance funds as may be necessary to carry out the provisions of this act;

     f.     To sell, convey, lease, purchase, or otherwise acquire real or personal property to carry out its functions under the act;

     g.    To borrow money, to issue bonds, notes, or other debt instruments, which may be at a fixed rate of return or otherwise, commensurate with the risk, and to provide for the rights of holders thereof as provided in this act, which obligations shall be an eligible investment pursuant to the provisions of section 144 of P.L.1977, c.10 (C.5:12-144) and section 33 of P.L.1984, c.218 (C.5:12-181);

     h.    Subject to any agreements with bondholders or noteholders, to purchase bonds or notes of the authority out of any funds or money of the authority available therefor and to hold, cancel, or resell these bonds or notes;

     i.     To contract for and to accept any gifts, grants, loans of funds or financial or other aid in any form from any person, including an individual, authority, partnership, or otherwise, or from the United States of America or any agency or instrumentality thereof, or from the State or any agency, instrumentality, or political subdivision thereof;

     j.     In connection with any application for financing or other assistance under this act, to require and collect any reasonable fees and charges, including commitment fees, as the authority may deem necessary for its services;

     k.    Subject to any agreement with bondholders or noteholders, to invest moneys of the authority not required for immediate use, including proceeds from the sale of bonds and notes, in any obligations, securities, and other investments which the authority deems prudent;

     [L.l.  To appoint and employ any persons as may be necessary to carry out the purposes of this act, and to determine their qualifications, terms of office, duties and compensation without regard to the provisions of Title 11, Civil Service, of the Revised Statutes;

     m.   To extend credit, make long-term or short-term loans, loan guarantees, or provide other financial assistance, including letters of credit or guarantees of letters of credit;

     n.    To establish underwriting standards for eligibility for financial assistance, as provided in section 5 of this act;

     o.    To establish a financial and technical assistance investment policy which delineates the proposed allocation of assistance by the authority by type of business, which policy shall include a provision that no more than [50%] one half of the total assistance made available by the authority be made available to small businesses, and no more than [25%] 12.5% of the total assistance made available by the authority be made available to minorities [and 25%], 12.5% of the total assistance made available by the authority be made available to women, 12.5% of the total assistance made available by the authority be made available to lesbian, gay, bisexual, or transgender persons, and 12.5% of the total assistance made available by the authority be made available to persons with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.); [except that notwithstanding the foregoing, and in addition to the funds otherwise allocated by the authority to minorities and women pursuant to this subsection, 100% of the funds made available pursuant to the provisions of section 33 of P.L.1984, c.218 (C.5:12-181), shall be made available to minorities and women, 50% of which shall be made available to women, and 50% of which shall be made available to minorities and shall be invested in accordance with the geographic restrictions established by that act; provided, however, that any repayment of principal and interest due to the Casino Reinvestment Development Authority with respect to obligations purchased or monies otherwise invested in the New Jersey Development Authority for Small Businesses, Minorities, and Women's Enterprises shall be the obligation of the New Jersey Development Authority for Small Businesses, Minorities', and Women's Enterprises;]

     p.    To establish standards for providing a letter of credit or other guarantee for businesses which are unable to secure performance bonds;

     q.    To take any security which it deems necessary in connection with any direct loan or any guaranteed loan or other extension of credit;

     r.     To purchase any loan or assistance package which is consistent with the underwriting standards established by the authority from any person, including any financial institution or subsidiary thereof, and to contract with any person to originate these loans;

     s.     To participate with financial institutions and other investors in providing financial assistance to eligible businesses, under underwriting standards established by the authority, by means of direct loan participations or loan guarantees;

     t.     To make any rules and regulations necessary to effectuate the purposes of this act;

     u.    To take any other actions which are reasonable and necessary to effectuate the provisions of this act.

(cf: P.L.1985, c.386, s.4)

 

     12.  Section 5 of P.L.1985, c.386 (C.34:1B-51) is amended to read as follows:

     5.    a.  The authority may make long-term or short-term loans or other extensions of credit to eligible businesses under terms and conditions established by the authority.  The authority shall establish uniform underwriting standards for loans and other extensions of credit, which shall include minimum equity requirements, and the use by the businesses of an approved accounting system.  The authority may, either as a condition of granting the loan or at any time during the term of the loan, [and in conjunction with the Commissioner of the Department of Commerce and Economic Development,] require the use by the businesses of technical assistance approved by it.

     b.    The authority may cooperate with the [New Jersey Economic Development Authority and the] federal Small Business Administration in arranging assistance for eligible businesses or may participate with these agencies in providing loans or other extensions of credit to eligible businesses.

     c.     The authority may contract with any depository institution to maintain a portion of its funds on deposit for a specified period of time at a specified rate of interest as part of an arrangement whereby the depository institution agrees to make loans or other extensions of credit to eligible businesses, except that the compensating balance so deposited shall not be treated as a guarantee.

(cf: P.L.1985, c.386, s.5)       

 

     13.  Section 6 of P.L.1985, c.386 (C.34:1B-52) is amended to read as follows:

     6.    a.  The authority shall establish requirements as may be necessary and practical for the use of minority [or], women's, LGBT, or disabled persons’ businesses on projects financed in whole or in part by the authority.  The authority may waive bonding requirements in full or in part in order to facilitate the use of a minority [or], women's, LGBT, or disabled persons’ business if:

     (1)   The minority [or], women's, LGBT, or disabled persons’ business has been rejected by two surety companies authorized to do business in this State; and

     (2)   The minority [or], women's, LGBT, or disabled persons’ business meets the underwriting standards established pursuant to subsection p. of section 4 of this act.

     The authority may require a cash deposit, increase the amount of retention, or limit or eliminate periodic payments.  No waiver may be extended more than three times to any one contractor.

     b.    The authority may provide assistance to eligible businesses which are unable to secure bonding for projects other than those financed by the authority.  Upon presentation of evidence in writing that an eligible business has been rejected by two surety companies authorized to do business in this State, and if the applicant meets the underwriting standards established pursuant to subsection p. of section 4 of this act, the authority may guarantee the performance of the applicant through a letter of credit or by other means.

(cf: P.L.1985, c.386, s.6)

 

     14.  Section 1 of P.L.2008, c.27 (C.34:1B-210) is amended to read as follows:

     1.    The Legislature finds and declares that:

     a.     It is the policy of the State of New Jersey to stimulate economic growth and development by efforts that are efficient and coordinated across all sectors, departments, and agencies.

     b.    The State's efforts to deliver effective economic growth and development assistance and improve the New Jersey economy currently flow through a number of different programs, enacted and amended incrementally over time, which are administered by a number of different entities.

     c.     Greater coordination of the State's economic development efforts will achieve benefits, including short- and long-term budget savings during this period of unprecedented fiscal challenges facing the State, as well as enhancements to the effectiveness of the State's economic growth and development efforts.

     d.    By consolidating the New Jersey Commerce Commission and transferring its primary functions to the Division of Business Assistance, Marketing, and International Trade in the New Jersey Economic Development Authority, the coordination of these related but distinct functions will be advanced.

     e.     Such consolidation will enhance the work of the Division of Business Assistance, Marketing, and International Trade, which markets New Jersey and the opportunities in this State to the business community of the nation and the world, and the New Jersey Economic Development Authority, which provides financing on specific business projects, by improving cooperation and coordination among the agencies charged with these separate functions.

     f.     Further, the State's economic development activities will be improved by consolidating the New Jersey Development Authority for Small Businesses, Minorities and Women's Enterprises into the New Jersey Economic Development Authority, which can deliver the financial and other assistance needed for such businesses and enterprises, and by consolidating other economic development entities. It is, moreover, prudent to allocate to the New Jersey Economic Development Authority the same functions, powers, and duties concerning LGBT and disabled persons’ business enterprises as exist with regard to small businesses, and minority and women's business enterprises.

     g.    State efforts to classify businesses that are small or minority- or women-owned to participate in State purchasing and procurement processes also will be more effective if the registration and certification programs of the New Jersey Commerce Commission are placed directly within the Department of the Treasury, which serves as the procurement agency of the State. The registration and certification programs in the Department of the Treasury should also include LGBT and disabled persons’ businesses.

(cf: P.L.2008, c.27, s.1)

 

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

     1.    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 veteran business enterprises, qualified minority business enterprises [or], qualified women's business enterprises, qualified LGBT business enterprises, or qualified disabled persons’ 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;

     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; [and]

     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 wherein at least twenty five percent of the required workforce for the contract are veterans, including new hires 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).  The business shall also submit forms quarterly to the contracting agency showing proof of veteran status for all the veteran employees[.];

     j.     “Qualified LGBT 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 one or more lesbian, gay, bisexual, or transgender person or persons; and

     k.    “Qualified disabled persons’ 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 one or more person or persons with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.).

(cf: P.L.2013, c.5, s.1)

 

     16.  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.

     e.     The governing body of a county or municipality may, by ordinance or resolution, as appropriate, establish a qualified LGBT 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 LGBT business enterprises.

     f.     The governing body of a county or municipality may, by ordinance or resolution, as appropriate, establish a qualified disabled persons’ 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 disabled persons’ business enterprises.

(cf: P.L.2013, c.5, s.2)

 

     17.  Section 3 of P.L.1985, c.482 (C.40A:11-43) is amended to read as follows:

     3.  a.  Any goal established pursuant to section 2 of this act may be attained by requiring that a portion of a contract be subcontracted to a qualified small business enterprise, qualified veteran business enterprise, qualified minority business enterprise [or], qualified women's business enterprise, qualified LGBT business enterprise, or qualified disabled persons’ business enterprise, in addition to designating entire contracts to these enterprises.

     b.    Each contracting agency shall make a good faith effort to attain any goal established by its governing body.  The governing body shall evaluate each contracting agency's efforts by comparing the percentage of the dollar value of a contracting agency's total procurements awarded to qualified small business enterprises, qualified veteran business enterprises, qualified minority business enterprises [or], qualified women's business enterprises, qualified LGBT business enterprises, or qualified disabled persons’ business enterprises, as appropriate, to the percentage of the dollar value of the county's or municipality's total procurements awarded to qualified small business enterprises, qualified veteran business enterprises, qualified minority business enterprises [or], qualified women's business enterprises, qualified LGBT business enterprises, or qualified disabled persons’ business enterprises, as appropriate.

(cf: P.L.2013, c.5, s.3)

 

     18.  Section 5 of P.L.1985, c.482 (C.40A:11-45) is amended to read as follows:

     5.    Notwithstanding the provisions of any law to the contrary, a contracting agency of a county or municipality which has established a qualified small business enterprise set-aside program, a qualified veteran business enterprise set-aside program, a qualified minority business enterprise set-aside program [or], a qualified women's business enterprise set-aside program, a qualified LGBT business enterprise set-aside program, or a qualified disabled persons’ business enterprise set-aside program shall designate that a contract, subcontract or other means of procurement of goods, services, equipment, or construction be awarded to a qualified small business enterprise, a qualified veteran business enterprise, a qualified minority business enterprise [or], a qualified women's business enterprise, a qualified LGBT business enterprise, or a qualified disabled persons’ business enterprise if a contracting agency is likely to receive bids from at least two qualified small business enterprises, qualified veteran business enterprises, qualified minority business enterprises [or], qualified women's business enterprises, qualified LGBT business enterprises, or qualified disabled persons’ business enterprises, as appropriate, at a fair and reasonable price.

     Such designations shall be made prior to any advertisement for bids, if required.  Once designated, the advertisement for bids, if necessary, shall indicate that the contract to be awarded is a qualified small business enterprise set-aside contract, a qualified veteran business enterprise set-aside contract, a qualified minority business enterprise set-aside contract [or], a qualified women's business enterprise set-aside contract, a qualified LGBT business enterprise set-aside contract, or a qualified disabled persons’ business enterprise set-aside contract, as appropriate.  All advertisements for bids shall be published in at least one newspaper which will best provide notice thereof to qualified small business enterprises, qualified veteran business enterprises, qualified minority business enterprises [or to], qualified women's business enterprises, qualified LGBT business enterprises, or qualified disabled persons’ business enterprises, as appropriate, sufficiently in advance of the date fixed for receiving the bids to promote competitive bidding, but shall not be published less than 10 days prior to that date.

(cf: P.L.2013, c.5, s.4)

 

     19.  Section 6 of P.L.1985, c.482 (C.40A:11-46) is amended to read as follows:

     6.    a.  If the contracting agency determines that two bids from qualified small, qualified veteran, qualified minority [or], qualified women's, qualified LGBT, or qualified disabled persons’ businesses cannot be obtained, the contracting agency may withdraw the designation of the set-aside contract and resolicit bids on an unrestricted basis pursuant to the provisions of P.L.1971, c.198 (C.40A:11-1 et seq.).  The cancelled designation shall not be considered in determining the percentage of contracts awarded pursuant to subsection b. of section 3 of this act.

     b.    If the contracting agency determines that the acceptance of the lowest responsible bid will result in the payment of an unreasonable price, the contracting agency shall reject all bids and withdraw the designation of the set-aside contract.  Qualified small business enterprises, qualified veteran business enterprises, qualified minority business enterprises [or], qualified women's business enterprises, qualified LGBT business enterprises, or qualified disabled persons’ business enterprises, as appropriate, shall be notified in writing of the set-aside cancellation, the reasons for the rejection and the agency's intent to resolicit bids on an unrestricted basis pursuant to the provisions of P.L.1971, c.198 (C.40A:11-1 et seq.).  The cancelled bid solicitation shall not be considered in determining the percentage of contracts awarded pursuant to subsection b. of section 3 of this act.

(cf: P.L.2013, c.5, s.5)

 

     20.  Section 7 of P.L.1985, c.482 (C.40A:11-47) is amended to read as follows:

     7.    Where the governing body of a county or municipality determines that a business has been classified as a qualified small business enterprise, qualified veteran business enterprise, qualified minority business enterprise [or], qualified women's business enterprise, qualified LGBT business enterprise, or qualified disabled persons’ business enterprise on the basis of false information knowingly supplied by the business and has been awarded a contract to which it would not otherwise have been entitled under this act, the governing body shall have the authority to:

     a.     Assess against the business any difference between the contract and what the governing body's cost would have been if the contract had not been awarded in accordance with the provisions of this act;

     b.    In addition to the amount due under subsection a., assess against the business a penalty in an amount of not more than 10% of the amount of the contract involved; and

     c.     Order the business ineligible to transact any business with the governing body or contracting agency of the governing body for a period to be determined by the governing body.

     Prior to any final determination, assessment or order under this section, the governing body shall afford the business an opportunity for a hearing on the reasons for the imposition of the penalties set forth in subsection a., b. or c. of this section.

(cf: P.L.2013, c.5, s.6)

 

     21.  Section 8 of P.L.1985, c.482 (C.40A:11-48) is amended to read as follows:

     8.    Each contracting agency of a county or municipality which has established a qualified small business enterprise set-aside program, a qualified veteran business enterprise set-aside program, a qualified minority business enterprise set-aside program [or], a qualified women's business enterprise set-aside program, a qualified LGBT business enterprise set-aside program, or a qualified disabled persons’ business enterprise set-aside program shall submit a report to its governing body by January 31 of each year describing the agency's efforts in attaining the set-aside goals and the percentage of the dollar value of total procurements awarded pursuant to subsection b. of section 3 of this act.  The governing body shall publish a list of each agency's attainments in the immediately preceding local fiscal year, to include the county or municipal average, in at least one newspaper circulating in the county or municipality, as appropriate, by March 1 of each year.

(cf: P.L.2013, c.5, s.7)

 

     22.  Section 1 of P.L.1987, c.55 (C.52:27H-21.7) is amended to read as follows:

     1.    The Legislature finds and declares:

     a.     That small businesses play a major role in the economy of this State; and

     b.    That small businesses, and businesses owned by minorities [and]; women; lesbian, gay, bisexual or transgender persons; and persons with a disability in particular, are often in need of financial and technical assistance which may be unavailable to them through traditional sources; and

     c.     That it is the public policy of this State to provide a source of technical assistance and financial assistance in order to encourage the establishment and the growth of small businesses and businesses owned by minorities [and]; women; lesbian, gay, bisexual, or transgender persons; and persons with a disability; and

     d.    [That, in the interest of efficiency, the services now provided by the State to these businesses should be combined into a single division within the Department of Commerce and Economic Development; and

     e.]   That it is the intention of this Legislature that the [division] Department of the Treasury, in concert with the New Jersey Economic Development Authority [for Small Businesses, Minorities and Women's Enterprises created pursuant to the provisions of P.L.1985, c.386 (C.34:1B-47 et seq.)], provide a full range of financial and technical assistance to small businesses and businesses owned by minorities [and]; women; lesbian, gay, bisexual, or transgender persons; and persons with a disability in order to ensure their success and their growth.

(cf: P.L.1987, c.55, s.1)

 

     23.  Section 2 of P.L.1987, c.55 (C.52:27H-21.8) is amended to read as follows:

     2.    For the purposes of this act:

     a.     "Authority" means the New Jersey Economic Development Authority [for Small Businesses, Minorities and Women's Enterprises established pursuant to the provisions of P.L.1985, c386 (C.34:1B-47 et seq.)];

     b.    ["Commissioner" means the Commissioner of the Department of Commerce and Economic Development;] Deleted by amendment, P.L.     , c.  (pending before the Legislature as this bill)

     c.     "Division" means the Division of [Development for Small Businesses and Women's and Minority Businesses] Revenue in the Department of the Treasury;

     d.    "Eligible business" means a small business or a minority or women's business certified by the division and determined to be eligible to receive assistance and to participate in programs according to the standards established pursuant to this act;

     e.     "Minority" means a person who is:

     (1)   Black, which is a person having origins in any of the black racial groups in Africa;

     (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;

     (3)   Asian American, which is a person having origins in any of the original people of the Far East, Southeast Asia, the 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 whose management and daily business operations are controlled by one or more of the minorities who own it; or

     (3)   A corporation or other entity the management and daily business operations of which are controlled by one or more minorities who own it, and which is at least 51% owned by one or more minorities, or, if stock is issued, at least 51% of the stock of which is owned by one or more minorities;

     g.    "Small business" means a sole proprietorship, partnership or corporation which is a size and type defined by the commissioner;

     h.    "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; or

     (3)   A corporation or other entity the management and daily business operations of which are controlled by one or more women who own it, and which is at least 51% owned by women, or, if stock is issued, at least 51% of the stock of which is owned by one or more women[.];

       i. “LGBT” means lesbian, gay, bisexual, or transgender;

       j. “LGBT business” means a business which is:

     (1)   A sole proprietorship owned and controlled by a lesbian, gay, bisexual, or transgender person; or

     (2)   A partnership or joint venture owned and controlled by lesbian, gay, bisexual, or transgender persons in which at least 51% of the ownership is held by one or more such individuals and the management and daily business operations of which are controlled by one or more such individuals who own it; or

     (3)   A corporation or other entity whose management and daily business operations are controlled by one or more lesbian, gay, bisexual, or transgender person or persons who own it, and which is at least 51% owned by such individuals, or, if stock is issued, at least 51% of the stock is owned by one or more such individuals;

     k. “Disabled person” means a person with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.); and

     l. “Disabled persons’ business” means a business which is:

     (1)   A sole proprietorship owned and controlled by a person with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.); or

     (2)   A partnership or joint venture owned and controlled by persons with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.), in which at least 51% of the ownership is held by one or more such individuals and the management and daily business operations of which are controlled by one or more such individuals who own it; or

     (3)   A corporation or other entity whose management and daily business operations are controlled by one or more person or persons with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.), who own it, and which is at least 51% owned by such individuals, or, if stock is issued, at least 51% of the stock is owned by one or more such individuals.

(cf: P.L.1987, c.55, s.2)

 

     24.  Section 5 of P.L.1987, c.55 (C.52:27H-21.11) is amended to read as follows: 

     5.    The division shall have the power to:

     a.     Establish a loan referral program and loan packaging program for eligible businesses, using criteria for eligibility which meet the standards established by the authority or which meet the standards established by private sources or by other State or federal programs;

     b.    Compile lists of qualified professionals, including women [and]; minorities; lesbian, gay, bisexual, or transgender persons; and persons with a disability  in specific areas of expertise, to be disseminated to eligible businesses and to be used in making referrals;

     c.     Use available resources within the State, including, but not limited to, small business development centers, business organizations, academic institutions with business programs, and minority business development offices, to coordinate managerial and technical assistance;

     d.    Establish, in cooperation with institutions of higher education, an internship program for candidates for undergraduate and graduate degrees in business administration and related fields for the purpose of providing assistance to the division, the authority and to businesses which are eligible to receive assistance under this act;

     e.     Provide, consistent with the provisions of this act and in conjunction with, or at the request of, the authority, assistance to eligible businesses, including, but not limited to:

     (1)   Assistance in researching markets or in market analysis;

     (2)   Advice in advertising and marketing;

     (3)   Advice in selecting sales or other distribution channels;

     (4)   Providing information and training with respect to bidding on government contracts;

     (5)   Serving as liaison with the Department of the Treasury and other departments and agencies of State, federal and local government to promote the procurement of contracts for eligible businesses;

     (6)   Assistance in obtaining legal counsel;

     (7)   Providing financial analysis and accounting assistance;

     (8)   Assistance in obtaining appropriate insurance, including benefit packages for employees;

     (9)   Assistance in arranging contracts with franchisers;

     (10)  Assistance in arranging commercial loans made by a State or federally chartered bank, savings bank, or savings and loan association, if, with respect to loans made by State chartered institutions, the loans are made in accordance with the powers conferred on those institutions pursuant to Title 17 of the Revised Statutes, including bridge loans and cash flow loans;

     (11)  Assistance in negotiating license agreements;

     (12)  Assistance in procuring bonding or substitutes therefor;

     (13)  Making referrals to private consultants, institutions, and other providers of services, according to the specific needs of an eligible business;

     (14)  Assistance in finding sources of financing from federal, State, and local sources;

     (15)  Assistance in gaining information about employee training and development programs; and

     f.     Provide a central resource for eligible businesses in their dealing with federal, State, and local governments, including information regarding government regulations or laws which affect eligible businesses;

     g.    Initiate and encourage education programs for eligible businesses;

     h.    Notwithstanding any other provision of law, exercise exclusive authority within the State to establish a uniform procedure for departments, agencies and authorities of the State and of its political subdivisions to certify the eligibility of a business to bid on contracts, or otherwise represent itself as a minority [or], women's, LGBT, or disabled persons’ business.  The division shall be the certifying authority for departments, agencies and authorities of the State, except that when the division's procedure for certification of a business as a minority business [or], women's business, LGBT business, or disabled persons’ business conflicts with a federal certification procedure that affects a State project in which the federal government participates, the federal certification procedure shall take precedence.  Public agencies shall identify those projects and shall notify the division.  A political subdivision shall have the responsibility of certifying the eligibility of a women's business [or], minority business, LGBT business, or disabled persons’ business to bid on contracts or otherwise represent itself as a women's business [or], minority business, LGBT business, or disabled persons’ business within the political subdivision, except that, if the business is certified by the division to represent itself as being a minority [or], women's, LGBT, or disabled persons’ business under State programs, the political subdivision may accept that certification for eligibility of the business under programs of the political subdivision.  A political subdivision shall utilize the uniform certification procedure formulated by the division;

     i.     Submit to the Governor and the Legislature an annual report regarding its activities and setting forth recommendations of methods which might be utilized to more efficiently and effectively carry out the purposes of this act, and submit to the commissioner periodic reports on the condition of small businesses [and], women's businesses [and], minority businesses, LGBT businesses, and disabled persons’ businesses in the State; and

     j.     Provide any other services which it deems necessary or which may be requested by the authority.

(cf: P.L.2003, c.189, s.1)

 

     25.  Section 1 of P.L.1986, c.195 (C.52:27H-21.17) is amended to read as follows: 

     1.    The Legislature finds and declares that:

     a.     Historically, businesses owned by minorities [and]; women; lesbian, gay, bisexual, or transgender persons; and persons with a disability have been small establishments offering products and services and their participation in the nation's business community has been disproportionate to their numbers in society as a whole.

     b.    The opportunity for full participation in our free enterprise system by minorities [and]; women; lesbian, gay, bisexual, or transgender persons; and persons with a disability is essential if social and economic justice for them is to be attained, and the functioning of our economy improved.

     c.     The role of government at the national, State and local levels in encouraging the development of businesses owned by minorities and women has been recognized and [is developing] developed at a rapid pace, with technical and financial assistance, contract procurement, contract set-asides and other programs designed to encourage development.

      d.   (1)  As a result, each year entrepreneurs in New Jersey [spend] spent an average of $5,000.00 to demonstrate that they [qualify] qualified for these programs designed to foster the growth and development of their businesses, so that the public agencies administering the programs [can] could be certain that the businesses which [benefit are] benefited were bona fide minority or women's businesses.

     (2)   It is, therefore, imperative that the same effort be made toward encouraging the development of businesses owned by lesbian, gay, bisexual, or transgender persons and persons with a disability in order that the opportunity for full participation in our free enterprise system also may be made available to them.

     e.     A unified procedure for the certification of businesses owned by minorities [and]; women; lesbian, gay, bisexual, or transgender persons; and persons with a disability administered by the State, for the purpose of certifying the eligibility of the businesses for various State programs will eliminate duplication of effort and improve efficiency, thereby increasing productivity and reducing costs in the public and the private sectors.

(cf: P.L.1986, c.195, s.1)

 

     26.  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; or an owner or employee who is not a lesbian, gay, bisexual, or transgender person, in the case of an LGBT business; or an owner or employee who is not a person with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.), in the case of a disabled persons’ 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).] (Deleted by amendment, P.L.    , c.    ) (pending before the Legislature as this bill)

     c.     "Director" means the Director of the [Division of Economic 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)] Division of Revenue in the 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 in the 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 which is at least 51% owned 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 which is at least 51% owned 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.).

     k.    “LGBT” means lesbian, gay, bisexual, or transgender.

     l.     “LGBT business” means a business which is:

     (1)   A sole proprietorship owned and controlled by a lesbian, gay, bisexual, or transgender person; or

     (2)   A partnership or joint venture owned and controlled by lesbian, gay, bisexual, or transgender persons in which at least 51% of the ownership is held by such individuals and the management and daily business operations of which are controlled by one or more such individuals who own it; or

     (3)   A corporation or other entity whose management and daily business operations are controlled by one or more lesbian, gay, bisexual, or transgender person or persons who own it, and which is at least 51% owned by such individuals, or, if stock is issued, at least 51% of the stock is owned by one or more such individuals.

     m.   “Disabled person” means a person with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.).

     n.    “Disabled persons’ business” means a business which is:

     (1)   A sole proprietorship owned and controlled by a person with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.); or

     (2)   A partnership or joint venture owned and controlled by persons with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.), in which at least 51% of the ownership is held by such individuals and the management and daily business operations of which are controlled by one or more such individuals who own it; or

     (3)   A corporation or other entity whose management and daily business operations are controlled by one or more person or persons with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.), who own it, and which is at least 51% owned by such individuals, or, if stock is issued, at least 51% of the stock is owned by one or more such individuals.

(cf: P.L.2003, c.189, s.2)

 

     27.  Section 3 of P.L.1986, c.195 (C.52:27H-21.19) is amended to read as follows: 

     3.    Notwithstanding the provisions of any law, rule or regulation to the contrary, the division shall have the exclusive authority within State government to certify to public agencies the eligibility of a business to bid on contracts as a "minority business," [or] "women's business," “LGBT business,” or “disabled persons’ business” under any program conducted by the public agency for which such certification is so required. That certification by the division shall be binding on the public agency.

(cf: P.L.1986, c.195, s.3)

 

     28.  Section 4 of P.L.1986, c.195 (C.52:27H-21.20) is amended to read as follows: 

     4.    The division shall establish a unified procedure for the certification of a business as a minority business [or], women's business, LGBT business, or disabled persons’ business, for the purpose of establishing eligibility to bid on public contracts.

      In establishing and administering the procedure required by this section, the director shall insure that the application and certification process is clear, concise, and, to the extent practicable, does not require duplication of effort on the part of the applicant or the division or the public agency administering the program.  In furtherance of these objectives, the director shall:

     a.     Establish criteria to be used to determine the status of a business as a minority business [or], women's business, LGBT business, or disabled persons’ business, as defined by section 2 of this act, which criteria, to the extent not inconsistent with this act, shall conform to federal law or regulations and criteria used by the division;

     b.    Provide a single form for application for certification, which form shall be written in a simple, clear, understandable and easily readable way, and include instructions as to the certification procedure and any additional documents or information required to be separately supplied by the applicant for a particular program;

     c.     Have the authority to require the payment of a single fee, to be established by the director, to compensate the division for its cost in administering the certification process;

     d.    Screen applicants to insure that businesses seeking certification are not misrepresenting their status as minority businesses, [or] women's businesses, LGBT businesses, or disabled persons’ businesses, as the case may be, and that the minority [or], women's, LGBT, or disabled persons’ business applicants are, in fact, in the control of members of minority groups; [or] women; lesbian, gay, bisexual, or transgender persons; or persons with a disability, and are not merely "fronts" for businesses controlled by persons other than minorities [or]; women; lesbian, gay, bisexual, or transgender persons; or persons with a disability;

     e.     Monitor the status of certified businesses to insure continued compliance with the criteria for certification and control by the appropriate persons;

     f.     Compile, maintain and make available to the public agencies lists of businesses certified as minority businesses [or], women's businesses, LGBT businesses, or disabled persons’ businesses; and

     g.    Provide for dissemination of information to interested parties, and the public at large, concerning the certification of businesses as minority businesses, [or] women's businesses, LGBT businesses, or disabled persons’ businesses, as required by this act.

(cf: P.L.1986, c.195, s.4)

 

     29.  Section 5 of P.L.1986, c.195 (C.52:27H-21.21) is amended to read as follows:

     5.    When the division's procedure for certification of a business as a minority business [or],  women's business, LGBT business, or disabled persons’ business conflicts with a federal certification procedure that affects a State project in which the federal government participates, the  federal certification procedure shall take precedence. Public agencies shall identify those projects and shall notify the division.

(cf: P.L.1986, c.195, s.5)

 

     30.  Section 6 of P.L.1986, c.195 (C.52:27H-21.22) is amended to read as follows:

     6.    The director may require of a first-time applicant for certification as a minority business [or], women's business, LGBT business, or disabled persons’ business the documentation that is necessary to determine the applicant's eligibility for certification.  Such documentation may include, but not be 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.    Number of shares of stock issued and outstanding, in the case of a corporation;

     e.     Articles of incorporation, bylaws, partnership agreements, or joint venture agreements, as applicable;

     f.     Organizational charts;

     g.    An applicant's certificate of birth and motor vehicle driver's license; and

     h.    An affidavit certifying that the applicant is a minority business [or],  women's business, LGBT business, or disabled persons’ business, as defined pursuant to section 2 of P.L.1986, c.195 (C.52:27H-21.18).

     The director shall not require an applicant to provide any personal federal or personal State income tax returns.

(cf: P.L.2003, c.189, s.3)

 

     31.  Section 4 of P.L.2003, c.189 (C.52:27H-21.22a) is amended to read as follows: 

     4.    The director shall require a first-time applicant to apply for recertification as a minority business [or], women's business, LGBT business, or disabled persons’ business one year after the original certification was issued.  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;

     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, LGBT business, or disabled persons’ 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.

(cf: P.L.2003, c.189, c.4)

 

     32.  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, LGBT business, or disabled persons’ business has been recertified after first receiving initial certification, the director shall require the certified minority business [or], certified women's business, certified LGBT business, or certified disabled persons’ 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;

     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, LGBT business, or disabled persons’ 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.

(cf: P.L.2003, c.189, c.5)

 

     33.  Section 7 of P.L.1986, c.195 (C.52:27H-21.23) is amended to read as follows:

     7.    The [commissioner] director shall report to the Governor and the Legislature annually as to the status of the uniform certification procedure required by this act, including any recommendations for legislation which would enable the division to more efficiently and effectively carry out its duties and responsibilities under this act.

(cf: P.L.1986, c.195, s.7)

 

     34.  Section 8 of P.L.1986, c.195 (C.52:27H-21.24) is amended to read as follows:

     8.    The [commissioner] director shall promulgate the rules and regulations he deems necessary to effectuate the purposes of this act, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

(cf: P.L.1986, c.195, s.8)

 

     35.  Section 1 of P.L.1987, c.56 (C.52:27H-21.25) is amended to read as follows: 

     1.    The Legislature finds and declares that:

     a.     The economy of our State is vitally dependent upon the health and stability of the small and independent businesses in the State.  The Legislature finds further that the future welfare of the State depends on the continued existence and development of these same small and independent businesses.  It is, therefore, the declared policy of the Legislature to assist, counsel, aid and protect small and independent business development in the furtherance of the general welfare.

     b.    Historically, businesses owned by minority group members [and]; women; lesbian, gay, bisexual, or transgender persons; and persons with a disability have been small establishments offering products and services, and their participation in the nation's business community has been disproportionate to their numbers in society as a whole.

     c.     The opportunity for full participation in our free enterprise system by minority group members [and]; women; lesbian, gay, bisexual, or transgender persons; and persons with a disability is essential if social and economic justice for them is to be attained, and the functioning of our economy improved.

     d.    (1)  The role of government at the national and State levels in encouraging the development of small businesses, as well as businesses owned by minority group members and women has been recognized and [is developing] developed at a rapid pace with technical and financial assistance, contract procurement, contract set-asides and other programs designed to encourage development.

     (2)   It is, therefore, imperative that the same effort be made toward encouraging the development of businesses owned by lesbian, gay, bisexual, or transgender persons and by persons with a disability in order that the opportunity for full participation in our free enterprise system also may be made available to them.

     e.     In addition to the national and State governments' role in providing assistance, local levels of government have a unique opportunity and responsibility in encouraging the development of such businesses within their jurisdictions, and for coordinating local assistance with assistance and certification procedures provided at the national and State levels of government.

     f.     The Legislature, therefore, declares that in order to aid local units of government in establishing pilot projects to provide development and coordination assistance to small, minority [and], women-owned, LGBT, and disabled persons’ businesses within their jurisdictions, the [Commissioner of the Department of Commerce and Economic Development] Executive Director of the New Jersey Economic Development Authority shall be authorized to make grants of financial assistance to county and municipal units of government; that the making of those grants to county and municipal governments shall be regarded as a complement to the State's program to directly assist small, minority [and], women's, LGBT, and disabled persons’ businesses; that the authority and powers conferred hereunder and the expenditure of public moneys as provided herein are in service of a valid public purpose; and that the enactment of the provisions hereinafter set forth is in the public interest and for the public benefit and good and is so declared as a matter of express legislative determination.

(cf: P.L.1987, c.56, s.1)

 

     36.  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.     (1)  ["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.] (Deleted by amendment, P.L.    , c.    ) (pending before the Legislature as this bill)

     (2)   “Director” means the Executive Director, or the Chief Executive Officer, as appropriate, of the New Jersey Economic Development Authority.

     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 which is at least 51% owned 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 which is at least 51% owned 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, LGBT, and disabled persons’ businesses operating within the grantee's jurisdiction by means that will be defined by the [commissioner] director under the provisions of the act.

     h.    "Certification assistance" means aiding minority [and], women's, LGBT, and disabled persons’ 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," “LGBT business,” or “disabled persons’ 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.

     i.     “LGBT” means lesbian, gay, bisexual, or transgender.

     j.     “LGBT business” means a business which is:

     (1)   A sole proprietorship owned and controlled by a lesbian, gay, bisexual, or transgender person;

     (2)   A partnership or joint venture owned and controlled by lesbian, gay, bisexual, or transgender persons in which at least 51% of the ownership interest is held by such individuals and the management and daily business operations of which are controlled by one or more such individuals who own it; or

     (3)   A corporation or other entity whose management and daily business operations are controlled by one or more gay, bisexual, or transgender person or persons who own it, and which is at least 51% owned by one or more such, or, if stock is issued, at least 51% of the stock is owned by one or more of such individuals.

     k.    “Disabled person” means a person with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.).

     l.     “Disabled persons’ business” means a business which is:

     (1)   A sole proprietorship owned and controlled by a person with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.);

     (2)   A partnership or joint venture owned and controlled by persons with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.), in which at least 51% of the ownership interest is held by such individuals and the management and daily business operations of which are controlled by one or more such individuals who own it; or

     (3)   A corporation or other entity whose management and daily business operations are controlled by one or more person or persons with a disability as defined under the “Americans with Disabilities Act of 1990,” (42 U.S.C. s.12101 et seq.), who own it, and which is at least 51% owned by one or more such individuals, or, if stock is issued, at least 51% of the stock is owned by one or more of such individuals.

(cf: P.L.1987, c.56, s.2)

 

     37.  Section 3 of P.L.1987, c.56 (C.52:27H-21.27) is amended to read as follows: 

     3.    The [commissioner] director is authorized to consider and approve an application for a financial assistance grant of State funds from any county or municipality for the purpose of paying up to 50 percent of the cost of a pilot program to provide technical or certification assistance to small, minority [and], women-owned, LGBT, and disabled persons’ businesses within the grantee's jurisdiction.  The [commissioner] director may approve any one or more of the applications based on such criteria as he deems appropriate and shall not be required to provide a grant to every applicant.  Any application for a grant shall include such information and documentation as the [commissioner] director may require to insure that any financial assistance approved pursuant to the provisions of this section will further the purpose and intent of this act.

     Any application to the [commissioner] director for a financial assistance grant pursuant to the provisions of this section shall include the following:

     a.     A detailed budget for the services for which grant support is being applied;

     b.    Evidence of the availability to the grantee of otherwise unencumbered and uncommitted funds sufficient to finance that portion of the services which is not to be funded from the grant;

     c.     Any other information and documentation as the [commissioner] director may require to insure that any grant approved pursuant to the provisions of this section will as effectively as possible further the purpose and intent of this act.

(cf: P.L.1987, c.56, s.3)

 

     38.  Section 4 of P.L.1987, c.56 (C.52:27H-21.28) is amended to read as follows: 

     4.    The [commissioner] director is authorized to require any periodic reports necessary to ascertain the progress of any activity supported directly or indirectly by a grant of financial assistance pursuant to the provisions of this act, and further to ascertain the extent of compliance with any contract for a grant. The [commissioner] director shall submit to the Legislature, not more than 12 months following the effective date of this act, a report evaluating the effectiveness of the pilot programs which receive financial assistance pursuant to the provisions of this act.  The report shall include recommendations concerning the appropriateness of continued State funding for the county and municipal programs of technical or certification assistance.

(cf: P.L.1987, c.56, s.4)

 

     39. Section 5 of P.L.1987, c.56 (C.52:27H-21.29) is amended to read as follows:

     5.    The [commissioner] director shall issue and promulgate rules and regulations in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as are necessary and appropriate to carry out the purposes of this act, and may revise, repeal or amend them from time to time as he may deem necessary.

(cf: P.L.1987, c.56, s.5.)

 

     40.  The title of P.L.1985, c.386 is amended to read as follows:

     An Act [establishing the New Jersey Development Authority for Small Businesses, Minorities and Women’s Enterprises] concerning programs for small businesses and businesses owned by minorities, women, LGBT persons, and persons with a disability, and making an appropriation therefor.

(cf: P.L. 1985, c.386, title)

 

     41.  The title of P.L.1985, c.482 is amended to read as follows:

     An Act concerning the establishment of small, veteran, women, [and] minority, LGBT, and disabled persons’ business enterprise set-aside programs in counties and municipalities.

(cf: P.L.2013, c.5, title)

 

     42.  The title of P.L.1985, c.490 is amended to read as follows:

     An Act concerning the establishment of small, women’s [and],  minority, LGBT, and disabled persons’ business set-aside programs
by boards of education and revising parts of the statutory law.

(cf: P.L.1988, c.37, title)

 

     43.  The title of P.L.1986, c.195 is amended to read as follows:

     An Act establishing a unified procedure for the certification of businesses owned by minorities [or], women, LGBT persons, and persons with a disability, for the purpose of qualifying for certain government programs, supplementing Title 52 of the Revised Statutes and making an appropriation.

(cf: P.L.1986, c.195, title)

 

     44.  The title of P.L.1987, c.55 is amended to read as follows:

An Act [to create the Division of Development for Small Businesses and Women and Minority Businesses in the Department of Commerce and Economic Development] concerning programs for small businesses and businesses owned by minorities, women, LGBT persons, and persons with a disability, supplementing Title 52 of the Revised Statutes, repealing P.L.1981, c.283, and making an appropriation.

(cf: P.L.1987, c.55, title)

 

     45.  The title of P.L.1987, c.56 is amended to read as follows:

An Act providing financial assistance to county and municipal pilot programs assisting the promotion and development of small, minority [and], women-owned, LGBT, and disabled persons’ businesses, supplementing Title 34 of the Revised Statutes, and making an appropriation.

(cf: P.L.1987, c.56, title)

 

     46.  The title of P.L.2003, c.189 is amended to read as follows:

An Act concerning documentation required from businesses seeking certification as minority [or], women’s, LGBT, or disabled persons’ business for certain State programs and amending P.L.1987, c.55 and amending and supplementing P.L.1986, c.195 (C.52:27H-21.17 et seq.).

(cf: P.L.2003, c.189, title)

 

     47.  This act shall take effect 120 days after the date of enactment.

 

 

STATEMENT

 

     This bill amends provisions of current law to include businesses owned or managed by lesbian, gay, bisexual, or transgender persons or by persons with a disability within certain financial or other assistance programs that are available for minority business enterprises and women’s business enterprises.  The Department of the Treasury provides for the registration and certification of such businesses, and the New Jersey Economic Development Authority provides certain financial and contracting assistance.  Current law also provides for county and municipality contract set aside programs under certain circumstances.