Title 52, Title 52: STATE GOVERNMENT, DEPARTMENTS AND OFFICERS

52:31C-12 Severability. 12. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to…

52:31C-13 Liberal construction. 13. This act shall be construed liberally to effectuate the legislative intent and the purposes of this act as complete and independent authority for the performance of each and every act and thing herein authorized and all powers herein granted sh…

52:31C-2 Findings, declarations relative to structured financing transactions. 2. The Legislature finds and declares that: a. In this era of limited sources of State and local revenues coupled with the increasing demands placed on State and local government to fulfill its governm…

52:31C-3 Definitions relative to structured financing transactions. 3. As used in this act, "Assets" means all property, both real, personal or mixed, tangible or intangible, of any type and all rights, easements, privileges or interests of any kind or description in, relating to…

52:31C-4. Authority to enter into structured financing transaction 4. Notwithstanding any other provisions of law to the contrary: a. The State Treasurer is authorized to enter into a structured financing transaction, on such terms, covenants and conditions and at such times as t…

52:31C-5 Establishment of State payment account for structured financing transaction. 5. a. The State Treasurer may establish a State payment account for a structured financing transaction. If the State Treasurer determines that a State payment account should be established, the …

52:31C-6 Reports, JBOC approval. 6. a. Prior to entering into a structured financing transaction, the State Treasurer shall transmit to the Joint Budget Oversight Committee, or its successor, a preliminary report that a decision to enter a structured financing transaction has bee…

52:31C-7 Construction of act as to State obligations. 7. Nothing in this act shall be deemed or construed as to limit, alter or impair in any way the rights and obligations of the State, a State agency or a State authority under the provisions of contracts made with the holders f…

52:31C-8 Immunity from personal liability. 8. No State Treasurer or any officer, director or employee of any State agency or State authority executing a structured financing agreement pursuant to this act shall be personally liable for any debt, obligation or other liability of t…

52:31C-9 Powers constitute performance of essential governmental function; tax exemption. 9. The exercise of the powers granted by this act shall constitute the performance of an essential governmental function and no person shall be required to pay taxes or assessments upon or i…

52:32-1. American goods and products to be used in state work The state shall make provisions in the specifications for all contracts for state work and for work for which the state pays any part of the cost, that only such manufactured and farm products of the United States, whe…

52:32-1.3. "Public contract" defined As used in this act, "public contract" means any contract or agreement entered into by a state or any instrumentality of that state to purchase goods, services or both. L. 1985, c. 156, s. 1, eff. April 26, 1985.

52:32-1.4. Retaliatory discrimination Any bidder with its principal place of business located in another state which has provisions of state law, rules or regulations causing disadvantage to any bidder for a public contract to provide like goods, services or both to that state be…

52:32-1.5. Rules, regulations The State Treasurer shall adopt rules and regulations to implement the provisions of this act pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.). L. 1985, c. 156, s. 3, eff. April 26, 1985.

52:32-1.6 Review, modification of bid, product specifications relative to "Jersey Fresh," "Jersey Grown," "Made with Jersey Fresh" products or commodities; enhanced visibility; rules, regulations. 1. a. The Director of the Division of Purchase and Property in the Department of th…

52:32-10. Certificate of use or occupancy; issuance; compliance with requirements for physically handicapped No certificate of use or occupancy shall be issued by any enforcing agency for any public building constructed or remodeled in the State unless and until said public build…

52:32-11 Parking facilities, spaces for persons with physical disabilities. 1. The State, every board or body having control and regulation of parking facilities in every county and municipality, and every parking authority created pursuant to the "Parking Authority Law," P.L.194…

52:32-12 Parking spaces for persons with physical disabilities; guidelines. 2. The State and every such board, body, or parking authority shall use the following guidelines when providing said parking spaces for persons with physical disabilities: a. A minimum of one percent of t…

52:32-13. Enforcement The State and the board of chosen freeholders of every county and the governing body of every municipality in this State shall be responsible for the enforcement of the provisions of this act within their respective jurisdictions. L.1975, c. 221, s. 3.

52:32-14 Sidewalk constructed to facilitate use by persons with disabilities. 1. A sidewalk hereafter constructed or reconstructed on public or private property for public use within this State, whether constructed by a public agency or a person, firm, corporation, nonprofit corp…

52:32-15 Standards established for accommodation of persons with disabilities. 2. To carry out the purpose of section 1 of P.L.1975, c.224 (C.52:32-14) the Department of Transportation shall, within 30 days of the enactment of P.L.1975, c.224 (C.52:32-14 et seq.), and periodicall…

52:32-16. Access facilities; nonapplication of act Nothing in section 2 of this act shall be construed to supersede the functions of the Department of the Treasury and the State Board of Education with respect to the design and construction of access facilities to school building…

52:32-17. Short title This act shall be known and may be cited as the "Set-Aside Act for Small Businesses, Female Businesses, and Minority Businesses." L. 1983, c. 482, s. 1. Amended by L. 1985, c. 384, s. 2.

52:32-18. Declaration; finding The Legislature declares that the existence of a strong and healthy free enterprise system is directly related to the well-being and competitive strength of small business, female business and minority business concerns and to the opportunity for sm…

52:32-18.1 Chief Diversity Officer. 1. There is established in the Division of Purchase and Property in the State Department of the Treasury a Chief Diversity Officer. It shall be the duty of the Chief Diversity Officer to monitor the State's public contracting process for the pu…

52:32-19. Definitions 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 fem…

52:32-1a U.S., State flags, U.S. manufacture; required. 1. Any flag of the United States or flag of the State of New Jersey purchased with State funds shall be manufactured in the United States. L.2009, c.86, s.1.

52:32-1b Use of unit concrete products that utilize carbon footprint-reducing technology. 9. a. Any person or entity that purchases unit concrete products, or that undertakes any construction or improvement that requires the use of unit concrete products, including the replacemen…

52:32-2 Separate plans, specifications for alteration, repair of public buildings. 52:32-2. a. When the entire cost of the erection, construction, alteration or repair by the State of any public buildings in this State will exceed $2,000.00, the person preparing the plans and spe…

52:32-2.1. Public building construction projects The Legislature finds that there are projects for the construction, renovation or restoration of public buildings a. that require a unique application of specialized planning, management and operational strategies, skills and techn…

52:32-2.2. Historic buildings designated for purposes of special public contracts 2. a. The Legislature further finds that there are projects for the construction, renovation or restoration of public buildings that must employ construction management personnel, engineers, archite…

52:32-2.3. Correctional facilities a. The Legislature further finds that the "Correctional Facilities Construction Bond Act of 1987" provides for projects for the construction of correctional facilities that are required because of a critical public need or legal constraint, with…

52:32-20. Set-aside contracts a. Notwithstanding the provisions of any State bidding or public contracts laws to the contrary, but subject to any supervening federal statutes or rules, contracting agencies, in consultation with the department, may designate a contract, or a porti…

52:32-21. Goals a. There are established the goals that contracting agencies award at least 15% of their contracts for small businesses, at least 7% of their contracts for minority businesses and at least 3% of their contracts for female businesses. These goals may, where appropr…

52:32-22. Dispute over designation If the department and the contracting agency disagree as to whether a set-aside is appropriate for a contract or a portion of a contract, the dispute shall, within seven days, be submitted to the State Treasurer, or his designee, for final deter…

52:32-22.1. Minority, women's business set-asides; compliance, calculation 1. a. Whenever any obligation is imposed by law upon a contracting agency to set aside a percentage of State contracts awarded by that agency for minority businesses or women's businesses, compliance with …

52:32-23. Advertisement for bids The advertisement for bids on a set-aside contract shall indicate the invitation to bid as a set-aside. The advertisement shall be in such newspaper or newspapers as will best give notice thereof to appropriate bidders and shall be sufficiently in…

52:32-23.1. Operation, continued development of Selective Assistance Vendor Information database 1. a. The Department of Commerce and Economic Development shall be responsible for the operation and continued development of the central registry, known as the Selective Assistance V…

52:32-24. Lists of designated businesses a. The department shall establish reasonable regulations appropriate for controlling the designation of prospective small business bidders, minority business bidders and female business bidders and shall maintain lists of designated busine…

52:32-24.1 Set-Aside program, small businesses, eligibility requirements. 1. a. Pursuant to the “Set-Aside Act for Small Businesses, Female Businesses, and Minority Businesses,” P.L.1983, c.482 (C.52:32-17 et seq.), when eligibility criteria to qualify as a small business require…

52:32-25. Bidding restricted When a contract or portion thereof has been designated as a set-aside, invitations for bids shall be confined to businesses designated by the department as appropriate for the set-aside and bids from other bidders shall be rejected. The purchase, cont…

52:32-26. Set-aside cancellation If the contracting agency determines that the acceptance of the lowest responsible bid on a set-aside contract will result either in the payment of an unreasonable price or in a contract otherwise unacceptable pursuant to the statutes and rules go…

52:32-27. Annual report Each contracting agency shall submit an annual report to the department according to a schedule announced by the department. This report shall include the following information: a. The total dollar value and number of contracts awarded to small businesses,…

52:32-28. Plan for achieving goals Each contracting agency shall annually develop, in consultation with the department, a plan for achieving its small business, minority business and female business goals. L. 1983, c. 482, s. 12. Amended by L. 1985, c. 384, s. 13.

52:32-29. Consultation The department and office shall consult regularly with representatives of the contracting industry for the purpose of implementing the provisions of this act. These consultations shall take place no less than once every six months. L.1983, c. 482, s. 13.

52:32-3. Building plans and specifications to be authenticated before filing No department in the State created for the purpose of filing plans and specifications for buildings under the several laws shall receive or file any plans or specifications unless the same bear the seal …