Includes Jewish persons within definitions of "minority," "minority group member," and "minority business."

A1633

ASSEMBLY, No. 1633

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman SEAN T. KEAN

District 30 (Monmouth and Ocean)

SYNOPSIS

���� Includes Jewish persons within definitions of
"minority," "minority group member," and "minority
business."

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning the definitions of �minority,� �minority
group member,� and �minority business� and amending various parts of the
statutory law.

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

���� 1.��� Section 2 of P.L.1985,
c.539 (C.5:12-185) is amended to read as follows:

����
2.
��� As used in this
act:

���� a.���� "Casino licensee"
means any entity which holds or is an applicant for a casino license pursuant
to section 87 of P.L.1977, c. 110 (C. 5:12-87).

���� b.��� "Minority business
enterprise" means a business that 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.

���� c.���� "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
; or

����
(5)�� Jewish, which is a
person whose traditional religion is Judaism or who traces their origins
through the ancient Hebrew people of Israel to Abraham
.

���� d.��� "Women's business
enterprise" means a business that 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.

(cf: P.L.1987, c.137, s.1)

���� 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;
or

����
(5)�� Jewish, which is a
person whose traditional religion is Judaism or who traces their origins
through the ancient Hebrew people of Israel to Abraham.

���� 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

[
;
]

.

���� 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, 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.

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

���� 3.��� Section 16 of P.L.2019,
c.195 (C.32:36-16) is amended to read as follows:

���� 16.� Contracts of the
Commission.

���� a.���� Definitions.� As used
in this section, the following terms shall have the following meanings unless
otherwise specified:

���� "Construction item"
means any such item or material used in construction and which is procured
directly by the Commission or office or any such item or material commonly used
in construction which is procured by a person, other than a municipality, under
contract with the commission.

���� "Practicable" means
capable of being used without violating the following criteria: performance,
availability at a reasonable period of time and maintenance of a satisfactory
level of completion.

���� "Product" means any
material, supply, equipment or construction item or other item whether real or
personal property which is the subject of any purchase, barter, or other
exchange made to procure such product.

���� "Secondary
materials" means any material recovered from or otherwise destined for the
waste stream, including but not limited to, post-consumer material, industrial
scrap material, and overstock or obsolete inventories from distributors, wholesalers
and other companies as defined in rules and regulations promulgated by the New
York commissioner of general services but such term does not include those
materials and byproducts generated from, and commonly reused within an original
manufacturing process.

���� "Specification"
means any description of the physical or functional characteristics, or of the
nature of a material, supply, equipment or construction item.� It may include a
description of any requirement for inspecting, testing or preparing a material,
supply, equipment or construction item for delivery.

���� b.��� Specifications.� The
Commission shall create and update product specifications to ensure that:

���� (1)�� Specifications do not
exclude the use of products manufactured from secondary materials or require
that products be manufactured from virgin materials only, provided however, the
specifications may include such an exclusion if the Commission demonstrates
that for a particular end use a product containing secondary materials would
not meet necessary performance standards or that the cost of such products
exceeds that of similar products manufactured from virgin materials.

���� (2)�� Performance standards,
specifications and a product's intended end use are related, and clearly
identified when feasible.

���� (3)�� Specifications are not
overly stringent for a particular end use or performance standard.

���� (4)�� Specifications
incorporate or require the use of secondary materials to the maximum extent
practicable without jeopardizing the performance or intended end use of the
product; provided however, where the Commission demonstrates that for a
particular end use a product containing secondary materials would not meet
necessary performance standards or that the cost of such product exceeds that
of similar products manufactured from virgin materials, such specifications
need not incorporate or require the use of secondary materials.

���� c.���� Ground for cancellation
of contract by the Commission.� A clause shall be inserted in all
specifications or contracts hereafter made or awarded by the Commission, for
work or services performed or to be performed or goods sold or to be sold, to
provide that upon the refusal by a person, when called before a grand jury,
head of a state department, temporary state Commission or other agency of the
state of New York or the state of New Jersey, the organized crime task force in
the department of law of the state of New York, head of a city department, or
other city agency, which is empowered to compel the attendance of witnesses and
examine them under oath, to testify in an investigation concerning any
transaction or contract had with the applicable state, any political
subdivision thereof, a public authority or with any public department, agency
or official of the state of New York or the state of New Jersey or of any
political subdivision thereof or of a public authority, to sign a waiver of
immunity against subsequent criminal prosecution or to answer any relevant
question concerning such transaction or contract, such person, and any firm,
partnership or corporation of which he or she is a member, partner, director or
officer shall be disqualified from thereafter selling to or submitting bids to
or receiving awards from or entering into any contracts with the Commission or
official thereof, for goods, work or services, for a period of five years after
such refusal.

���� d.��� Disqualification to
contract with the Commission.� Any person who, when called before a grand jury,
head of a state department, temporary state Commission or other state agency of
the state of New York or the state of New Jersey, the organized crime task
force in the department of law of the state of New York, head of a city
department, or other city agency, which is empowered to compel the attendance
of witnesses and examine them under oath, to testify in an investigation
concerning any transaction or contract had with the applicable state, any
political subdivision thereof, a public authority or with a public department,
agency or official of the state or of any political subdivision thereof or of a
public authority, refuses to sign a waiver of immunity against subsequent
criminal prosecution or to answer any relevant questions concerning such
transaction or contract, and any firm, partnership or corporation, of which he
or she is a member, partner, director or officer shall be disqualified from
thereafter selling to or submitting bids to or receiving awards from or
entering into any contracts with the Commission or any official of the
commission, for goods, work or services, for a period of five years after such
refusal or until a disqualification shall be removed pursuant to the provisions
of subsection e. of this section.� It shall be the duty of the officer
conducting the investigation before the grand jury, the head of a state
department, the chairman of the temporary state commission or other state agency
of the state of New York or the state of New Jersey, the organized crime task
force in the department of law of the state of New York, the head of a city
department or other city agency before which the refusal occurs to send notice
of such refusal, together with the names of any firm, partnership or
corporation of which the person so refusing is known to be a member, partner,
officer or director, to the commissioner of transportation of the state of New
York or the state of New Jersey, or the commissioner of general services as the
case may be, and the appropriate departments, agencies and officials of the
applicable state, political subdivisions thereof or public authorities with
whom the persons so refusing and any firm, partnership or corporation of which
he or she is a member, partner, director or officer, is known to have a
contract.� However, when such refusal occurs before a body other than a grand
jury, notice of refusal shall not be sent for a period of ten days after such
refusal occurs.� Prior to the expiration of this ten-day period, any person,
firm, partnership or corporation which has become liable to the cancellation or
termination of a contract or disqualification to contract on account of such
refusal may commence a special proceeding at a special term of the supreme
court of New York or superior court of New Jersey, held within the judicial
district in which the refusal occurred, for an order determining whether the
questions in response to which the refusal occurred were relevant and material
to the inquiry.� Upon the commencement of such proceeding, the sending of such
notice of refusal to answer shall be subject to order of the court in which the
proceeding was brought in a manner and on such terms as the court may deem
just.� If a proceeding is not brought within ten days, notice of refusal shall
thereupon be sent as provided in this subsection.

���� e.���� Removal of
disqualification of public contractors by petition.

���� (1)�� Any firm, partnership or
corporation which has become subject to the cancellation or termination of a
contract or disqualification to contract on account of the refusal of a member,
partner, director or officer thereof to waive immunity when called to testify,
as provided in subsection d. of this section, may, upon ten days' notice to the
attorney general of the state in which the refusal occurred and to the officer
who conducted the investigation before the grand jury or other body in which
the refusal occurred, commence a special proceeding at a special term of the
supreme court of New York or superior court of New Jersey held within the
judicial district in which the refusal occurred for a judgment discontinuing
the disqualification.� Such application shall be in the form of a petition
setting forth grounds, including that the cooperation by petitioner with the
grand jury or other body at the time of the refusal was such, and the amount
and degree of control and financial interest, if any, in the petitioning firm,
partnership or corporation by the member, partner, officer or director who
refused to waive immunity is such that it will not be in the public interest to
cancel or terminate petitioner's contracts or to continue the disqualification,
as provided in subsection d. of this section.� A copy of the petition and
accompanying papers shall be served with the notices to be given pursuant to
this section.

���� (2)�� Upon the filing of a
petition described in paragraph (1) of this subsection the court may stay as to
petitioner, pending a decision upon the petition, the cancellation or
termination of any contracts resulting from such refusal upon such terms as to
notice or otherwise as may be just.

���� (3)�� At least two days prior
to the return day, the officer who conducted the investigation before the grand
jury or other body and the attorney general may file answers to the petition or
apply for judgment dismissing the petition as a matter of law.� On or before
the return day the petitioner may file a reply to the answer.

���� (4)�� Upon the return day the
court may, upon the petition and answer and other papers filed, forthwith
render such judgment as the case requires, or if a triable issue of fact is
duly raised, it shall forthwith be tried before a court sitting without a jury
or before a referee.� The provisions of statute or rule governing references in
an action shall apply to a reference under this section.

���� (5)�� The court shall render
judgment dismissing the petition on the merits or discontinuing the
disqualification upon the ground that the public interest would be served by
its discontinuance, and granting such other relief as to the cancellation or
termination of contracts as may be appropriate, but without costs to
petitioner.

���� f.���� Statement of
non-collusion in bids or proposals to the Commission.

���� (1)�� Every bid or proposal
hereafter made to the Commission or to any official of the Commission, where
competitive bidding is utilized, for work or services performed or to be
performed or goods sold or to be sold, shall contain the following statement
subscribed by the bidder and affirmed by such bidder as true under the
penalties of perjury:

���� "1.�� By submission of
this bid, each bidder and each person signing on behalf of any bidder
certifies, and in the case of a joint bid each party thereto certifies as to
its own organization, under penalty of perjury, that to the best of his
knowledge and belief:

���� 2.��� The prices in this bid
have been arrived at independently without collusion, consultation,
communication, or agreement, for the purpose of restricting competition, as to
any matter relating to such prices with any other bidder or with any
competitor;

���� 3.��� Unless otherwise
required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the
bidder prior to opening, directly or indirectly, to any other bidder or to any
competitor; and

���� 4.��� No attempt has been made
or will be made by the bidder to induce any other person, partnership or
corporation to submit or not to submit a bid for the purpose of restricting
competition."

���� (2)�� A bid shall not be
considered for award nor shall any award be made where the provisions of
paragraph (1) of this subsection have not been complied with; provided however,
that if in any case the bidder cannot make the foregoing certification, the
bidder shall so state and shall furnish with the bid a signed statement which
sets forth in detail the reasons therefor.� Where the provisions of paragraph
(1) of this subsection have not been complied with, the bid shall not be
considered for award nor shall any award be made unless the Commission or
official thereof determines that such disclosure was not made for the purpose
of restricting competition.� The fact that a bidder (a) has published price
lists, rates, or tariffs covering items being procured, (b) has informed
prospective customers of proposed or pending publication of new or revised
price lists for such items, or (c) has sold the same items to other customers
at the same prices being bid, does not constitute, without more, a disclosure.

���� (3)�� Any bid hereafter made
to the Commission by a corporate bidder for work or services performed or to be
performed or goods sold or to be sold, where competitive bidding is utilized,
and where such bid contains the certification referred to in paragraph (1) of
this subsection, shall be deemed to have been authorized by the board of
directors of the bidder, and such authorization shall be deemed to include the
signing and submission of the bid and the inclusion therein of the certificate
as to non-collusion as the act and deed of the corporation.

���� g.��� Procurement contracts.

���� (1)�� Definitions. For the
purposes of this section:

���� "Allowable indirect
costs" means those costs incurred by a professional firm that are
generally associated with overhead which cannot be specifically identified with
a single Project or contract and are considered reasonable and allowable under
specific state contract or allowability limits.

���� "Minority business
enterprise" means any business enterprise, including a sole
proprietorship, partnership, or corporation: with more than fifty percent of
the ownership interest owned by one or more minority group members or, in the
case of a publicly-owned business, where more than fifty percent of the common
stock or other voting interests are owned by one or more minority group
members; in which the minority ownership is real, substantial, and continuing;
in which the minority ownership has and exercises the authority to control
independently the day-to-day business decisions of the enterprise; and
authorized to do business in the state of New York or the state of New Jersey,
independently owned and operated, and not dominant in its field.

���� "Minority group
member" means a United States citizen or permanent resident alien who is
and can demonstrate membership in one of the following groups: black persons
having origins in any of the black African racial groups not of Hispanic origin;
Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South
American of either Indian or Hispanic origin, regardless of race; Asian and
Pacific Islander persons having origins in any of the Far East, Southeast Asia,
the Indian subcontinent or the Pacific Islands;
[
or
]
Native American persons having
origins in any of the original peoples of North America
; or Jewish persons
whose traditional religion is Judaism or who trace their origins through the
ancient Hebrew people of Israel to Abraham
.

���� "Professional firm"
means any individual or sole proprietorship, partnership, corporation,
association, or other legal entity permitted by law to practice the professions
of architecture, engineering, or surveying.

���� "Women-owned business
enterprise" means a business enterprise, including a sole proprietorship,
partnership or corporation: with more than fifty percent of the ownership
interest owned by one or more United States citizens or permanent resident
aliens who are women or, in the case of a publicly-owned business, where more
than fifty percent of the common stock or other voting interests is owned by
United States citizens or permanent resident aliens who are women; in which the
ownership interest of women is real, substantial, and continuing; in which the
women ownership has and exercises the authority to control independently the
day-to-day business decisions of the enterprise; and authorized to do business
in the state of New York or the state of New Jersey, independently owned and
operated, and not dominant in its field.

���� "Procurement
contracts" means any written agreement for the acquisition of goods or
services of any kind, in the actual or estimated amount of five thousand
dollars or more.

���� (2)�� The Commission shall
adopt by resolution comprehensive guidelines which detail the Commission's
operative policy and instructions regarding the use, awarding, monitoring and
reporting of procurement contracts.� Such guidelines shall be annually reviewed
and approved by the Commission.

���� (3)�� The guidelines approved
by the Commission shall include, but not be limited to the following:

���� (a)�� A description of the
types of goods purchased, and for procurement contracts for services, a
description of those areas of responsibility and oversight requiring the use of
personal services and the reasons for the use of personal services in such
areas.

���� (b)�� Requirements regarding
the selection of contractors, which shall include provisions:

���� (i)��� for the selection of
such contractors on a competitive basis, and provisions relating to the
circumstances under which the board may by resolution waive competition; and

���� (ii)�� setting forth
responsibilities of contractors.

���� (c)�� An identification of
those areas or types of contracts for which minority or women-owned business
enterprises may best bid so as to promote and assist participation by such
enterprises and facilitate a fair share of the awarding of contracts to such
enterprises.

���� (d)�� Requirements for
providing notice, in addition to any other notice of procurement opportunities,
to professional and other organizations that serve minority and women-owned
business enterprises providing the types of services procured by the
Commission.

���� (e)�� The establishment of
appropriate goals for participation by minority or women-owned business
enterprises in procurement contracts awarded by the Commission and for the
utilization of minority and women-owned enterprises as subcontractors and
suppliers by entities having procurement contracts with the Commission.

���� (f)�� A listing of the types
of provisions to be contained in procurement contracts, including provisions
concerning the nature and monitoring of the work to be performed, the use of
Commission supplies and facilities, the use of Commission personnel and any other
provisions.

���� (g)�� Provisions regarding
procurement contracts which involve former officers or employees of the
Commission.

���� (h)�� Policies to promote the
participation by business enterprises and residents of the state of New York
and the state of New Jersey in procurement contracts.

���� (4)�� For the purposes of this
subsection:

���� "New Jersey business
enterprise" means a business enterprise, including a sole proprietorship,
partnership, or corporation, which offers for sale or lease or other form of
exchange, goods which are sought by the Commission and which are substantially
manufactured, produced or assembled in New Jersey, or services which are sought
by the Commission and which are substantially performed within New Jersey.

���� "New Jersey
resident" means a natural person who maintains a fixed, permanent, and
principal home located within New Jersey and to which such person, whenever
temporarily located, always intends to return.

���� "New York resident"
means a natural person who maintains a fixed, permanent and principal home
located within New York state and to which such person, whenever temporarily
located, always intends to return.

���� "New York state business
enterprise" means a business enterprise, including a sole proprietorship,
partnership, or corporation, which offers for sale or lease or other form of
exchange, goods which are sought by the Commission and which are substantially
manufactured, produced or assembled in New York state, or services which are
sought by the Commission and which are substantially performed within New York
state.

���� (5)�� The Commission shall
have the power from time to time to amend such procurement contract guidelines
in accordance with the provisions of this section.

���� (6)�� The Commission shall
annually prepare and approve a report on procurement contracts, where any such
contracts have been entered into for such year, which shall include the
guidelines, as specified in this section, an explanation of the guidelines and
any amendments thereto since the last annual report.� Such report on
procurement contracts may be a part of any other annual report that the
corporation is required to make.

���� (7)�� The Commission shall
annually submit its report on procurement contracts to the governor of New York
and the governor of New Jersey and copies thereof to the New York senate
finance committee, New Jersey senate budget and appropriations committee, the
New York assembly ways and means committee, the New Jersey general assembly
appropriations committee, and the New York state authorities budget office.�
The Commission shall make available to the public copies of its report on
procurement contracts upon reasonable request therefor.

���� (8)�� Nothing contained in
this subsection shall be deemed to alter, affect the validity of, modify the
terms of or impair any contract or agreement made or entered into in violation
of, or without compliance with, the provisions of this section.

(cf: P.L.2019, c.195, s.16)

���� 4.��� 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 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 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 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;
or

����
(5)� Jewish, which is a
person whose traditional religion is Judaism or who traces their origins
through the ancient Hebrew people of Israel to Abraham.

���� 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 and the majority of
the management of which is other than minorities or women, and which business
is of a type and size defined by the Commissioner of the Department of Commerce
and Economic Development 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.

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

���� 5.��� 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
, or Jewish
;

���� 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
percent 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
percent 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, 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"
means any resident of this State now or hereafter who has served in any branch
of the Armed Forces of the United States or a Reserve component thereof or the
National Guard of this State or another state as defined in section 1 of P.L.1963,
c.109 (C.38A:1-1), and has been discharged honorably or under general honorable
conditions from such service, 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, which shall include the applicant's DD-214,
DD-215, or DD-256 form as issued by the federal government; NGB-22 or other
approved separation forms as outlined by all branches of the Armed Forces; a
county-issued veteran identification card pursuant to P.L.2012, c.30
(C.40A:9-78.1 et seq.); or a veteran identification card as issued by the
United States Department of Veterans Affairs under the "Veterans
Identification Card Act of 2015," (38 U.S.C. s.5706) 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
percent 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.

(cf: P.L.2019, c.500, s.11)

���� 6.��� 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 Development Authority for Small Businesses, Minorities and
Women's Enterprises established pursuant to the provisions of P.L. 1985, c. 386
(C. 34:1B-47 et seq.)
[
;
]

.

���� b.��� "Commissioner"
means the Commissioner of the Department of Commerce and Economic Development
[
;
]

.

���� c.���� "Division"
means the Division of Development for Small Businesses and Women's and Minority
Businesses
[
;
]

.

���� 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;
or

����
(5)� Jewish, which is a
person whose traditional religion is Judaism or who traces their origins
through the ancient Hebrew people of Israel to Abraham.

���� 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.

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

���� 7.��� 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, is disproportionately responsible for the operation of the
business or for policy and contractual decisions.

���� b.��� "Commissioner"
means the Treasurer of the State of New Jersey.

���� c.���� "Director"
means the Director of the Division of Revenue and Enterprise Services in the
New Jersey Department of the Treasury.

���� d.��� "Division"
means the Division of Revenue and Enterprise Services in the New Jersey
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 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
; or

����
(5)� Jewish, which is a
person whose traditional religion is Judaism or who traces their origins
through the ancient Hebrew people of Israel to Abraham
.

���� 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 of which at least 51% of the legal beneficial
ownership is held 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 of which at least 51% of the legal beneficial
ownership is held by 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.).

(cf: P.L.2023, c.217, s.1)

���� 8.��� 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.���� "Commissioner"
means the Treasurer of the State of New Jersey.

���� 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 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
; or

����
(5)�� Jewish, which is a
person whose traditional religion is Judaism or who traces their origins
through the ancient Hebrew people of Israel to Abraham
.

���� 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 of which at least 51% of the legal beneficial
ownership is held 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 of which at least 51% of the legal beneficial
ownership is held by 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 businesses operating within the grantee's
jurisdiction by means that will be defined by the commissioner under the
provisions of the act.

���� h.��� "Certification
assistance" means aiding minority and women's 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" 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.

(cf: P.L.2023, c.217, s.3)

���� 9.��� Section 3 of P.L.1983,
c.482 (C.52:32-19) is amended to read as follows:

����
3.
� As used in this
act:

���� �a.��� "Contracting
agency" means the State or any board, commission, committee, authority or
agency of the State.

���� �b.�� "Chief" means
the Chief of the Office of Small Business Assistance when used in conjunction
with the small business and female business set-aside programs, or the Chief of
the Office of Minority Business Enterprise when used in conjunction with the
minority business set-aside program.

���� �c���� "Department"
means the Department of Commerce and Economic Development.

���� �d.�� "Office" means
the Office of Small Business Assistance in the Department of Commerce and
Economic Development when used in conjunction with the small business and
female business set-aside programs, or the Office of Minority Business
Enterprise when used in conjunction with the minority business set-aside
program.

���� �e.��� "Small
business" means a business which has its principal place of business in
the 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.���� "Small business
set-aside contract" means (1) a contract for goods, equipment,
construction or services which is designated as a contract with respect to
which bids are invited and accepted only from small businesses, or (2) a
portion of a contract when that portion has been so designated.

���� g.��� "Minority
business" means a business which has its principal place of business in
the State, is independently owned and operated and at least 51% of which is
owned and controlled by persons who are black, Hispanic, Portuguese,
Asian-American, American Indian or Alaskan natives
, or Jewish
.

���� h.��� "Minority business
set-aside contract" means (1) a contract for goods, equipment,
construction or services which is designated as a contract with respect to
which bids are invited and accepted only from minority businesses; or (2) a
portion of a contract when that portion is so designated.

���� i.���� "Female
business" means a business which has its principal place of business in
the State, is independently owned and operated and at least 51% of which is
owned and controlled by women.

���� j.���� "Female business
set-aside contract" means (1) a contract for goods, equipment,
construction or services which is designated as a contract with respect to
which bids are invited and accepted only from female businesses; or (2) a
portion of a contract when that portion is so designated.

(cf: P.L.1985, c.384, s.4)

���� 10.� Section 8 of P.L.1982,
c.156 (C.56:10-23) is amended to read as follows:

���� 8.��� a.�������� The grant,
reopening or reactivation of a franchise or establishment, or the reopening or
reactivation of a business shall be deemed injurious to existing franchisees or
to the public interest unless the franchisor proves, by a preponderance of the
evidence, that:

���� (1)�� The proposed franchise
or business would materially enhance the availability of stable, adequate and
reliable sales and service to purchasers of vehicles in the same line make in
the market area served by the franchisees entitled to notice;

���� (2)�� The proposed franchise
or business would not affect the stability of existing franchisees in the same
line make;

���� (3)�� The existing franchisees
in the same line make have not provided adequate representation of the line
make in their market areas for a period of at least two years based on the
availability of motor vehicle sales and service facilities, equipment, supply of
motor vehicle parts and qualified service personnel;

���� (4)�� The franchisor's action
is in good faith.

���� b.��� In determining whether
the grant, relocation, reopening or reactivation of a franchise or
establishment, relocation, reopening or reactivation of a business will be
injurious to existing franchisees or to the public interest, it shall be
conclusively presumed that the proposed grant, relocation, reopening or
reactivation of the franchise or establishment, relocation, reopening or
reactivation of the business will be injurious to existing franchisees or to
the public interest if:

���� (1)�� for the 24-month period
prior to notice pursuant to section 4 of P.L.1982, c.156 (C.56:10-19), the
average market penetration of the franchisees given notice pursuant to section
4 of P.L.1982, c.156 (C.56:10-19), in the area of primary responsibility or territory
assigned to such franchises, is at least equal to the average market
penetration of all franchisees in the same line make in this State;

���� (2)�� the proposed franchise
or business is likely to cause not less than a 25% reduction in new vehicle
sales or not less than a 25% reduction in gross income for the protesting
franchisee;

���� (3)�� the proposed franchise
or business will not operate a full service franchise or business at the
proposed location; or

���� (4)�� an owner or operator of
the proposed franchise or business has engaged in materially unfair or
deceptive business practices with respect to a motor vehicle franchise or
business.

���� c.���� The presumption in
subsection b. of this section shall not apply to the grant, reopening or
reactivation of a franchise or to the establishment, reopening or reactivation
of a business if the proposed franchisee is a minority or a woman.� For the
purposes of this subsection, "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
; or

����
(5)� Jewish, which is a
person whose traditional religion is Judaism or who traces their origins
through the ancient Hebrew people of Israel to Abraham
.

���� d.��� In determining whether
the relocation of an existing franchise or business will be injurious to
existing franchisees or the public interest, the committee shall consider in
making its determination, whether the franchisor has proven, by a preponderance
of the evidence, that:

���� (1)�� The relocation would
materially enhance the availability of stable, adequate and reliable sales and
service to purchasers of vehicles in the same line make in the market areas
served by the franchisees entitled to notice;

���� (2)�� The relocation would not
affect the stability of the existing franchises in the same line make;

���� (3)�� The existing franchisees
in the same line make have not provided adequate representation of the line
make in their market areas for a period of at least two years based on the
availability of motor vehicle sales and service facilities, equipment, supply of
motor vehicle parts and qualified service personnel;

���� (4)�� The relocation is in
good faith; and

���� (5)�� The effect on the
relocating dealer of the denial of its relocation outweighs the injury to an
existing franchisee.

(cf: P.L.2011, c.66, s.11)

���� 11.� This act shall take
effect immediately.

STATEMENT

���� This bill includes Jewish
persons within the definitions of �minority,� �minority group member,� and
�minority business� in laws concerning public contracts and grants.

���� Under current law concerning
public contracts and grants, the definitions of �minority,� �minority group
member,� and �minority business� include persons who are black, Hispanic,
Asian-American, American Indian or Alaskan natives, and, in certain
definitions, Portuguese.� This bill would add Jewish persons to such
definitions.