Bill Text: NJ S1059 | 2018-2019 | Regular Session | Introduced
Bill Title: Clarifies that only products assembled in U.S. meet "Buy-American" standards of public contracts laws.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-22 - Introduced in the Senate, Referred to Senate Labor Committee [S1059 Detail]
Download: New_Jersey-2018-S1059-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Clarifies that only products assembled in U.S. meet "Buy-American" standards of public contracts laws.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the purchase of certain goods with public funds and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.18A:18A-20 is amended to read as follows:
18A:18A-20. American goods and products to be used where possible. Each board of education shall provide, in the specifications for all contracts for work for which it will pay any part of the cost or work which by contract it will ultimately own and maintain, that only [manufactured] products assembled in the United States and farm products [of] grown and packaged in the United States, wherever available, be used in such work.
(cf: P.L.1999, c.440, s.66)
2. Section 18 of P.L.1971, c.198 (C.40A:11-18) is amended to read as follows:
18. Each local unit shall provide, in the specifications for all contracts for county or municipal work or for work for which it will pay any part of the cost, or work which by contract or ordinance it will ultimately own and maintain, that only [manufactured] products assembled in the United States and farm products [of] grown and packaged in the United States, wherever available, be used in such work.
(cf: P.L.1982, c.107, s.1)
3. R.S.52:32-1 is amended to read as follows:
52:32-1. 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] products assembled in the United States and farm products [of] grown and packaged in the United States, whenever available, be used in such work.
(cf: R.S.52:32-1)
4. R.S.52:33-1 is amended to read as follows:
52:33-1. Wherever in this chapter the following words are used, they shall be held to have the meanings hereinafter given:
"Public work": Any public building, public highway, bridge, or other public betterment, work or improvement of a permanent nature, constructed, reconstructed, repaired or improved wholly at the expense of the public.
"Domestic materials": Articles, materials and supplies mined or [produced] assembled in the United States, and manufactured articles, materials and supplies [manufactured] assembled in the United States.
(cf: R.S.52:33-1)
5. R.S.52:33-2 is amended to read as follows:
52:33-2. Notwithstanding any inconsistent provision of any law, and unless the head of the department, or other public officer charged with the duty by law, shall determine it to be inconsistent with the public interest, or the cost to be unreasonable, only domestic materials shall be acquired or used for any public work.
This section shall not apply with respect to domestic materials to be used for any public work, if domestic materials of the class or kind to be used are not mined[, produced] or [manufactured] assembled, as the case may be, in the United States in commercial quantities and of a satisfactory quality.
(cf: R.S.52:33-2)
6. This act shall take effect immediately.
STATEMENT
This bill clarifies that when the State, or any county, municipality or board of education purchases goods or farm products, the products must be assembled, and farm products must be grown and packaged, in the United States, whenever available.
New Jersey, like many states, has enacted laws that require the use of American products or goods in the performance of certain public contracts, whenever available. In addition to the provisions in New Jersey statutes for purchases and contracts at the State level, there are also similar provisions specific to the "Public School Contracts Law" and the "Local Public Contracts Law."
There has been some confusion at the State level and in some local units that products owned by an American company but assembled somewhere else in the world would qualify under these provisions. This bill amends those various provisions to eliminate any such confusion.
