S3427

SENATE, No. 3427

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED FEBRUARY 9, 2021

 


 

Sponsored by:

Senator   THOMAS H. KEAN, JR.

District 21 (Morris, Somerset and Union)

 

 

 

 

SYNOPSIS

       

        Provides that disability-owned businesses be included in certain business development programs, direct loan programs, and certification processes; requires Chief Diversity Officer compile information on awarding of State contracts to disability-owned businesses.

 

CURRENT VERSION OF TEXT

        As introduced.

   


An Act concerning the designation of disability-owned businesses for certain State programs and monitoring, 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 32 of P.L.2019, c.153 (C.24:6I-25) is amended to read as follows:

        32.   a.   There is hereby established in the commission an Office of Minority, Disabled Veterans, Disability-Owned, and Women Medical Cannabis Business Development.   The office shall be under the immediate supervision of a director.   The director of the office shall be appointed by the Governor, and shall serve at the pleasure of the appointing Governor during the Governor's term of office and until a successor has been duly appointed and qualified.   Any vacancy in the directorship occurring for any reason other than the expiration of the director's term of office shall be filled for the unexpired term only in the same manner as the original appointment.   The director shall receive an annual salary as provided by law which shall be at an amount not to exceed the annual salary of the executive director of the commission.

        b.       (1)   The office shall establish and administer, under the direction of the commission, unified practices and procedures for promoting participation in the medical cannabis industry by persons from socially and economically disadvantaged communities, including by prospective and existing ownership of minority businesses, disability-owned businesses, and women's businesses, as these terms are defined in section 2 of P.L.1986, c.195 (C.52:27H-21.18), and disabled veterans' businesses as defined in section 2 of P.L.2015, c.116 (C.52:32-31.2), to be issued medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, and clinical registrant permits.   These unified practices and procedures shall include the certification and subsequent recertification at regular intervals of a business as a minority or women's business, disability-owned business, or a disabled veterans' business, in accordance with eligibility criteria and a certification application process established by the commission through regulation in consultation with the office.

        (2)     The office shall conduct advertising and promotional campaigns, and shall disseminate information to the public, to increase awareness for participation in the medical cannabis industry by persons from socially and economically disadvantaged communities.   To this end, the office shall sponsor seminars and informational programs, and shall provide information on its

Internet website, providing practical information concerning the medical cannabis industry, including information on business management, marketing, and other related matters.

        c.         (1)  The office shall develop, recommend, and implement policies, practices, protocols, standards, and criteria designed to promote the formulation of medical cannabis business entities and participation in the medical cannabis industry by persons from socially and economically disadvantaged communities, including by promoting applications for, and the issuance of, medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, and clinical registrant permits to certified minority, women's, disability-owned, and disabled veterans' businesses.   The office shall evaluate the effectiveness of these measures by considering whether the measures have resulted in new medical cannabis cultivator, medical cannabis manufacturer, and medical cannabis dispensary permits being issued in accordance with the provisions of subsection g. of section 12 of P.L.2019, c.153 (C.24:6I-7.2).

        (2)     The office shall periodically analyze the total number of permits issued by the commission as compared with the number of certified minority, women's, disability-owned, and disabled veterans' businesses that submitted applications for, and that were awarded, such permits.   The office shall make good faith efforts to establish, maintain, and enhance the measures designed to promote the formulation and participation in the operation of medical cannabis businesses by persons from socially and economically disadvantaged communities consistent with the standards set forth in paragraph (1) of this subsection, and to coordinate and assist the commission with respect to its incorporation of these permitting measures into the application and review process for issuing permits under P.L.2009, c.307 (C.24:6I-1 et al.).

        d.       The office may review the commission's measures regarding participation in the medical cannabis industry by persons from socially and economically disadvantaged communities, and minority, women's, disability-owned, and disabled veterans' businesses, and make recommendations on relevant policy and implementation matters for the improvement thereof.   The office may consult with experts or other knowledgeable individuals in the public or private sector on any aspect of its mission.

        e.         The office shall prepare information regarding its activities pursuant to this section concerning participation in the medical cannabis industry by persons from socially and economically disadvantaged communities, including medical cannabis business development initiatives for minority, women's, disability-owned, and disabled veterans' businesses participating in the medical cannabis marketplace, to be incorporated by the commission into its annual report submitted to the Governor and to the Legislature

pursuant to section 14 of P.L.2009, c.307 (C.24:6I-12).

(cf: P.L.2019, c.153, s.32)

 

        2.       Section 1 of P.L.2017, c.261 (C.34:1B-254) is amended to read as follows:

        1.       As used in P.L.2017, c.261 (C.34:1B-254 et seq.):

        "Authority" means the New Jersey Economic Development Authority established by section 4 of P.L.1974, c.80 (C.34:1B-4).

        "Qualified business" means a business that qualifies, under criteria established by the authority, as a small, woman-owned, disability-owned, or minority-owned New Jersey-based business, manufacturer, redeveloper, or non-profit organization.

        "Regional center" means an area designated as a "regional center" in the State Development and Redevelopment Plan adopted pursuant to the "State Planning Act," P.L.1985, c.398 (C.52:18A-196 et al.).

        "Urban center" means an area designated as an "urban center" in the State Development and Redevelopment Plan adopted pursuant to the "State Planning Act," P.L.1985, c.398 (C.52:18A-196 et al.).

(cf: P.L.2017, c.261, s.1)

 

        3.       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, persons with disabilities, and women 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, persons with disabilities, and women is essential if social and economic justice for them is to be attained, and the functioning of our economy improved.

        c.