N.J.S.A. 52:27H-21.18 — Definitions.

52:27H-21.18 Definitions. 2. As used in this act: a. "Control" means authority over the affairs of a business, including, but not limited to, capital investment, property acquisition, employee hiring, contract negotiations, legal matters, officer and director selection, operating responsibility, financial transactions and the rights of other shareholders or joint partners; except that control shall not include absentee ownership, nor shall it be deemed to exist where an owner or employee who is not a minority, in the case of a minority business; or a male owner or employee, in the case of a women's business, is disproportionately responsible for the operation of the business or for policy and contractual decisions. b. "Commissioner" means the Treasurer of the State of New Jersey. c. "Director" means the Director of the Division of Revenue and Enterprise Services in the New Jersey Department of the Treasury. d. "Division" means the Division of Revenue and Enterprise Services in the New Jersey Department of the Treasury. e. "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 with origins in Mexico, South or 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, 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 of North America. f. "Minority business" means a business 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 of which at least 51% of the legal beneficial ownership is held by one or more minorities. g. "Public agency" means the State or any department, division, agency, authority, board, commission or committee thereof. h. "Woman" or "women" means a female or females, regardless of race. i. "Women's business" means a business which is: (1) A sole proprietorship owned and controlled by a woman; or (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 of which at least 51% of the legal beneficial ownership is held by women. j. "Applicant" means an individual or individuals, a sole proprietor, partnership, joint venture or corporation that applies for certification as a minority business or women's business, in accordance with the provisions of P.L.1986, c.195 (C.52:27H-21.17 et seq.). L.1986,c.195,s.2; amended 2003, c.189, s.2; 2023, c.217, s.1. 52:27H-21.19. Certification by division Notwithstanding the provisions of any law, rule or regulation to the contrary, the division shall have the exclusive authority within State government to certify to public agencies the eligibility of a business to bid on contracts as a "minority business" or "women's business" under any program conducted by the public agency for which such certification is so required. That certification by the division shall be binding on the public agency. L. 1986, c. 195, s. 3, eff. Dec. 23, 1986.

This is the verbatim text of N.J.S.A. 52:27H-21.18, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.