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A2082
ASSEMBLY, No. 2082
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
SYNOPSIS
���� Provides that definition of minority business
enterprise include persons of Middle Eastern and North African descent for
State certification and assistance purposes; revises definition for school
board and local government contract set-aside purposes.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the definition of certain minority business
enterprises, and amending P.L.1985, c.490 and P.L.1985, c.482 and supplementing
Title 52 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� 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)� Middle Eastern or
North African, which is a person with origins in any of the countries of the
Middle Eastern and North African regions, including, but not limited to,
Algeria, Bahrain, Egypt, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, and
Tunisia;
���� 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)
���� 2.��� 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 Middle Eastern or
North African
;
���� 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)
���� 3.��� (New section)� Any
statutory definition of �minority business� or �minority business enterprise�
used for the purposes of State certification of a minority business enterprise
or for the purposes of providing financial assistance and other programs for small
businesses certified as a minority business enterprise in this State shall
include a business that has its principal place of business in this State, is
independently owned and operated, and is at least 51 percent owned and
controlled by persons having Middle Eastern and North African origins.
���� 4.��� This act shall take
effect immediately.
STATEMENT
���� This bill requires that the definition
of minority business enterprise (MBE) include persons of Middle Eastern and
North African (MENA) descent for State certification and assistance purposes
and school board and local government contract set-aside purposes.
���� Under current law, small
businesses owned by persons of Middle Eastern and North African descent are not
included in the various statutory definitions of minority businesses.� The
exclusions of persons of Middle Eastern and North African descent in this definition
has led to certain small business owners from being able to certify as a
minority business enterprise.� This lack of certification by the State means
certain small business owners do not qualify for the various programs and
benefits afforded to minority business enterprises at the State and local
level.
���� The MENA communities in this
State and on the federal level are categorized as white.�� However, there is a
lack of access in contracting and through daily life that many in the MENA
community face.� Many people in the MENA community often compare their
experiences to those in communities of color.
���� This bill revises and
clarifies that the various definitions of minority business enterprises include
persons of Middle Eastern and North African descent.� This inclusion would
allow those small business owners to benefit from the programs and financial
assistance afforded to small businesses certified as minority businesses.