Sponsored by:
Assemblywoman MILA M. JASEY
District 27 (Essex and Morris)
Co-Sponsored by:
Assemblyman Giblin
SYNOPSIS
Prohibits president or other employee of public institution of higher education from taking final action on purchase of property unless prior notice is provided to institution’s governing board and general counsel and board approves action.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the purchase of certain real property by public institutions of higher education and supplementing chapter 3B of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The president or any other officer or employee of a public institution of higher education shall not take final action on behalf of the institution for the purchase of real property the cost of which is equal to or greater than the amount set forth in paragraph (1) of subsection b. of section 10 of P.L.2007, c.52 (C.52:15C-10), unless the president or other officer or employee notifies the governing board of the institution and the general counsel of the institution of the proposed action and the governing board approves the final action. Final action shall not include any ministerial or non-substantive changes made to a contract subsequent to the governing board’s approval, or any action that falls within the authority previously granted to the president or any other officer or a board trustee by the governing board.
b. The public institution of higher education shall submit a report to the Governor, the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Secretary of Higher Education, and the State Comptroller, on the purchase of real property the cost of which is equal to or greater than the amount set forth in paragraph (1) of subsection b. of section 10 of P.L.2007, c.52 (C.52:15C-10). The report shall be filed within five days following the submission of the institution’s binding offer to the seller for the purchase of the real property. The report shall be in addition to any notice of award or notice of the commencement of any procurement process that is required to be provided to the State Comptroller in accordance with section 10 of P.L.2007, c.52 (C.52:15C-10).
c. Nothing in this act shall be construed to compel any action on the part of a public institution of higher education that is governed pursuant to N.J.S.18A:65-1 et seq.
2. This act shall take effect immediately.
STATEMENT
This bill prohibits the president or any other officer or employee of a public institution of higher education from taking final action on the purchase of real property the cost of which is equal to or greater than the amount established under paragraph (1) of subsection b. of section 10 of P.L.2007, c.52 (C.52:15C-10), the section of law which requires contracting units to inform the State Comptroller of the commencement of any procurement process involving an expenditure of $10 million or more, unless the president or other officer or employee notifies the governing board and general counsel of the institution of the proposed action and the governing board approves the final action. Final action will not include any ministerial or non-substantive changes made to a contract subsequent to the governing board’s approval, or any action that falls within the authority previously granted to the president or any other officer or a board trustee by the governing board.
The bill requires the public institution of higher education to submit a report to the Governor, the Legislature, the Secretary of Higher Education, and the State Comptroller on the purchase of such real property. The report is to be filed within five days following the submission of the institution’s binding offer to the seller for the purchase of the real property. The bill specifies that the submission of the report will be in addition to current statutory requirements to provide notice to the State Comptroller in regard to contracts that exceed certain statutory thresholds.
The bill specifies that its provisions are not to be construed to compel any action on the part of Rutgers, The State University.