ASSEMBLY, No. 3807
STATE OF NEW JERSEY
INTRODUCED OCTOBER 9, 2014
Assemblyman TIMOTHY J. EUSTACE
District 38 (Bergen and Passaic)
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
Senator JIM WHELAN
District 2 (Atlantic)
Permits educational research and services corporations to act as lead procurement agencies for local units and publically supported educational institutions; permits Council of County Colleges to act as lead procurement agency for county colleges.
CURRENT VERSION OF TEXT
As reported by the Senate State Government, Wagering, Tourism & Historic Preservation Committee on June 11, 2015, with amendments.
An Act concerning the efficient procurement of goods and services by certain entities and amending and supplementing P.L.1994, c.48 2, and supplementing P.L.1989, c.141 (C.18A:64A-28.1 et at.)2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1994, c.48 (C.18A:3B-3) is amended to read as follows:
3. For the purposes of this act, unless the context clearly requires a different meaning:
"Authority" means the Higher Education Student Assistance Authority established pursuant to N.J.S.18A:71A-3;
"Commission" means the New Jersey Commission on Higher Education established by this act;
"Council" means the New Jersey Presidents' Council established by this act;
1“Council of County Colleges” means the New Jersey Council of County Colleges established pursuant to N.J.S.18A:64A-26.1
"County college" means an educational institution established by one or more counties, 1[offering programs of instruction, extending not more than two years beyond the high school, which may include but need not be limited to specialized or comprehensive curriculums, including college credit transfer courses, terminal courses in the liberal arts and sciences, and technical institute type programs; and who are governed by a board of trustees]1 pursuant to chapter 64A of Title 18A of the New Jersey Statutes 1[, or by the community college commission of a community college agency established pursuant to P.L.1974, c.89 (C.18A:64A-30 et seq.)]1;
"Educational research and services corporation" means a nonprofit corporation whose voting members are public research universities, State colleges, county colleges, public institutions of higher education primarily located in the State of New Jersey, and nonprofit independent institutions of higher education that receive direct State aid.
"Programmatic Mission" means all program offerings consistent within those levels of academic degrees or certificates that the institution has been authorized to grant by the State Board of Higher Education prior to the effective date of this act or approved thereafter by the commission; "Public Research University" means Rutgers, The State University of New Jersey, Rowan University, and the New Jersey Institute of Technology;
"State college" means any of the State colleges or universities established pursuant to chapter 64 of Title 18A of the New Jersey Statutes including any State college designated as a teaching university.
(cf: P.L.2012, c.45, s.67)
2. (New section) a. 2[1(1)1]2 The governing board of a public research university or a State college may join with other public research universities, State colleges, county colleges, public institutions of higher education primarily located in the State of New Jersey, and nonprofit independent institutions of higher education that receive direct State aid, to form an educational research and services corporation to be operated exclusively for charitable, scientific, and educational purposes, within the meaning of paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code (26 U.S.C. s.501).
2[1(2) The Council of County Colleges acting on behalf of participating county colleges, may form an educational research and services corporation to be operated exclusively for charitable, scientific, and educational purposes within the meaning of paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code (26 U.S.C. s.501).1]2
b. (1) An educational research and services corporation may act as a lead agency or contracting unit for the procurement of goods or services 2[by State departments, agencies, authorities, independent authorities, and commissions] concerning educational technology systems and related services by those entities comprising the educational and research services corporation2.
(2) An educational research and services corporation shall be deemed a local unit for the purposes of the "Uniform Shared Services and Consolidation Act," sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35) and may act as a lead agency or contracting unit for the procurement of goods or services 2concerning educational technology systems and related services2 by municipalities, fire districts, counties, local authorities subject to the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.), school districts, county colleges, State colleges, public research universities, nonprofit independent institutions of higher education that receive direct State aid, or any combination of those entities 2[, including entities listed in paragraph (1) of this subsection]2.
2c. An educational research and services corporation formed under P.L. , c. (pending before the Legislature as this bill), shall be subject to all applicable requirements under all applicable State and local procurement laws, including, but not limited to, section 1 of P.L.1977, c.33 (C.52:25-24.2), P.L.2012, c.25 (C.52:32-55 et seq.), and P.L.2005, c.51 (C.19:44A-20.13 et seq.).2
23. (New section) The Council of County Colleges may act as the lead agency for the joint procurement of goods or services by county colleges pursuant to the “County College Contracts Law” P.L.1982, c.189 (C.18A:64A-25.1 et seq.).2
2[3.] 4.2 This act shall take effect immediately.