ASSEMBLY, No. 2792

STATE OF NEW JERSEY

INTRODUCED MARCH 13, 1997

By Assemblywomen WEINBERG and POU

An Act concerning certain State contracts and supplementing Title 52 of the Revised Statutes.

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

    1. a. Any contract between a State agency, as defined in section 2 of P.L.1971, c.182 (C.52:13D-13), and a private entity which allows the private entity to use real property owned or leased in the name of the State shall contain provisions: (1) prohibiting the private entity from engaging in any profit-making activity at that location which is not specifically authorized by the contract; and (2) providing that the State agency shall remain in charge of the property for the purpose of implementing P.L.1938, c.349 (C.30:6-15.1 et seq.) and for the purpose of implementing any vending contract entered into by the State for the operation of vending machines on State property.

    b. Any such contract shall allow the State agency to impose a penalty of up to $1,000 for the first violation of this act and to cancel the contract for a subsequent violation.

    2. This act shall take effect immediately.

STATEMENT

    This bill provides that any contract between a State agency and a private entity to use real property owned or leased by the State shall contain provisions: (1) prohibiting the private entity from engaging in any profit-making activity at that location which is not specifically authorized by the contract; and (2) providing that the State agency shall remain in charge of the property for the purpose of implementing P.L.1938, c.349 (C.30:6-15.1 et seq.), under which the New Jersey Commission for the Blind and Visually Impaired is granted priority and preference in the operation of stands and vending machines on State property, and for the purpose of implementing any vending contract entered into by the State for the operation of such machines on State property. The bill also provides that such a contract shall authorize the State agency to impose a penalty of up to $1,000 for the first violation of this provision and to cancel the contract for a subsequent violation. The bill's purpose is to prevent contractors from using State property for profit-making activity other than that which was contemplated at the time a contract was signed and to ensure that blind and visually impaired individuals will receive preference in the operation of stands and vending machines located on State property which is used by a private contractor.

Requires certain provisions in contracts allowing private entities to use real property owned or leased in the name of the State.