Modified EO #5 (Florio).

WHEREAS, the Governor's Study Commission on Discrimination in Public Works Procurements and Construction Contracts (hereinafter "Study Commission") was created by Executive Order to investigate, research and report on the nature and scope of any discrimination in public works procurement and construction contracts awarded by the State and to recommend remedies for any discrimination; and

WHEREAS, the final report of the Study Commission is now due on February 9, 1991 by virtue of Executive Order No. 5; and

WHEREAS, the Study Commission is continuing to investigate and research discrimination in public works procurement and construction contracts awarded by the State, but does not anticipate that it will be able to complete its final report by February 9, 1991; and

WHEREAS, the mission of the Study Commission would also be aided by the inclusion of a representative of New Jersey Transit on the Study Commission and by the streamlining of the procedures governing its operations prior to the adoption of a final report;

NOW, THEREFORE, I, JAMES J. FLORIO, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

1. The Study Commission shall report its findings and recommendations concerning past and present discriminatory practices in public works procurement and construction contracts no later than August 14, 1991.

2. The membership of the Study Commission shall be increased to include the Executive Director of New Jersey Transit or her designee.

3. Except for the purpose of adopting a final report to the Governor, one-third of the members of the Study Commission shall constitute a quorum at any meeting of the Study Commission.

4. Except for the purpose of adopting a final report, actions may be taken and motions and resolutions adopted by the Study Commission at any meeting thereof by the affirmative vote of the majority of the quorum or of seven members of the Study Commission, whichever is greater.

5. Except for the purpose of adopting a final report, the Study Commission may solicit the vote of the full membership by written ballot on such matters, under such circumstances and in such manner as the Chair deems appropriate.

6. Except as provided in sections 1 through 5 of this Executive Order, all other terms of Executive Order No. 5 shall remain in force and effect.

7. This Order shall take effect immediately.

GIVEN, under my hand and seal
this 28th day of September in the
Year of Our Lord, one thousand
nine hundred and ninety, and of the
Independence of the United States,
the two hundred and fifteenth.

/s/ James J. Florio
GOVERNOR

Attest:

/s/ John A. Sweeney
Counsel to the Governor