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Assembly Commerce, Economic Development and Agriculture Committee Statement — Assembly, No. 3330 (February 22, 2024)

Summary

Statement of the Assembly Commerce, Economic Development and Agriculture Committee to the Assembly, State of New Jersey, dated February 22, 2024, reporting an Assembly Committee Substitute for Assembly Bill No. 3330 favorably. The committee substitute requires the Department of the Treasury to establish a unified procedure for a business to apply for certification as an LGBTQ+ business, including criteria to determine status, to deny or revoke certification, and for a third-party challenge. It also requires a process to challenge a denial or revocation, and says certain information submitted with an application is to remain confidential. The statement says the substitute is consistent with Executive Order No. 295 of 2022, issued by Governor Murphy.

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“Assembly Commerce, Economic Development and Agriculture Committee Statement — Assembly, No. 3330 (February 22, 2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-02-22-ace-a3330-s1-4c6c5070d5/, SHA-256 9bb58dc36d64f8409a1d0b301d9122584f678d41347544fd33115f310cded3d0.

Full text

ASSEMBLY COMMERCE, ECONOMIC DEVELOPMENT AND
           AGRICULTURE COMMITTEE

                           STATEMENT TO

     ASSEMBLY COMMITTEE SUBSTITUTE FOR
                      ASSEMBLY, No. 3330

       STATE OF NEW JERSEY
                         DATED: FEBRUARY 22, 2024

          The Assembly Commerce, Economic Development and
      Agriculture Committee reports favorably an Assembly Committee
      Substitute for Assembly Bill No. 3330.
          This committee substitute requires the Department of the Treasury
      to establish a unified procedure for a business to apply for certification
      as an LGBTQ+ business. Under the bill, “LGBTQ+ business” is
      defined to mean:
          (1) a sole proprietorship, owned and controlled by a person who
      identifies as LGBTQ+;
          (2) a partnership or joint venture, in which at least 51 percent of
      the ownership interest is held by individuals who identify as LGBTQ+
      and the management and daily business operations are controlled by
      one or more of the individuals who identify as LGBTQ+; or
          (3) a corporation or other entity, the management and daily
      business operations of which are controlled by one or more individuals
      who identify as LGBTQ+ and of which at least 51 percent of the legal
      beneficial ownership is held by one or more individuals who identify
      as LGBTQ+.
          The substitute requires the department, among other items, to
      establish criteria to be used:
          (1) to determine the status of a business as an LGBTQ+ business;
          (2) to deny or revoke the certification of an LGBTQ+ business;
      and
          (3) by a third-party challenging the qualifications of an applicant to
      be certified as an LGBTQ+ business.
          The substitute also requires the department to establish a process
      for a business to challenge the denial or revocation of an LGBTQ+
      certification. The substitute specifies that certain information a
      business submits to the department with its application is to remain
      confidential. This substitute is consistent with the provisions of
      Executive Order No. 295 of 2022, issued by Governor Murphy to
      address LGBTQ+ business certification.


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