Bill Text: NJ A2002 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires certain percentage of hours worked on State-funded public works projects be reserved for New Jersey residents.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly State Government Committee [A2002 Detail]
Download: New_Jersey-2012-A2002-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Requires certain percentage of hours worked on State-funded public works projects be reserved for New Jersey residents.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring that a certain percentage of hours worked on State-funded public works projects be reserved for New Jersey residents, and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Any contract for the construction, renovation, or repair of any public building or other public work the cost or contract price of which is to be paid, in whole or in part, with or out of State funds or the funds of any independent State authority, as well as any subcontract awarded under such a contract, shall provide that New Jersey residents shall be employed to work for at least 50% of the total number of hours worked under the contract; except that whenever the unemployment rate in this State, as determined based upon statistics of the United States Department of Labor, has exceeded 8% percent for three consecutive months such contracts and subcontracts entered into thereafter, until such time as the unemployment rate shall be less than 8%, shall require that New Jersey residents shall be employed to work for at least 90% of the total number of hours worked under such a contract or subcontract.
b. As used in this section, "New Jersey resident" means a person who is legally domiciled within the State of New Jersey for a period of at least one year. Seasonal or temporary residence within the State, of whatever duration, shall not constitute domicile within the State for the purposes of this section.
c. The provisions of this section shall not apply to any contract or subcontract that is awarded to address an emergency situation or when the public exigency requires immediate performance or when adherence to the provisions of this section would violate any provision of federal law or result in the loss to the State or any independent State authority of any federal funds.
d. Any person or business entity that is determined by the State Treasurer to have violated the provisions of this section shall be subject to a civil penalty of not more than $1,000 for a first violation, $5,000 for a second violation and $15,000 for each subsequent violation, which penalty may be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
e. The State Treasurer shall be responsible for enforcing the provisions of this section. The Treasurer shall adopt, such rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary for implementation of this section.
f. There is created in the State Department of the Treasury a special non-lapsing fund to be known as the "New Jersey Resident Preference Fund" into which shall be deposited any penalties collected pursuant to subsection d. of this section. Monies in the fund are dedicated and shall be appropriated to the department and used to defray the costs of administering the provisions of this section. The fund shall be credited with all interest received from the investment of monies in the fund, and any monies which, from time to time, may otherwise become available for the purposes of the fund.
g. Any person claiming to be aggrieved by a violation of this section may enforce the provisions thereof by private right of action in Superior Court and, if successful, shall be awarded reasonable attorneys' fees.
2. This act shall take effect immediately.
STATEMENT
This bill provides that construction contracts that are paid for with State funds or the funds of any independent State authority, as well as subcontracts awarded under those contracts, must provide that New Jersey residents will be employed to work for at least 50% of the total number of hours worked under the contract. In addition, whenever the unemployment rate in this State exceeds 8% for a period of three consecutive months, the bill provides that such contracts and subcontracts entered into thereafter, until such time as the unemployment rate is less than 8%, must require that New Jersey residents will be employed to work for at least 90% percent of the total number of hours worked under such a contract or subcontract. The bill defines "New Jersey resident" as a person who is legally domiciled within the State of New Jersey for a period of at least one year. Seasonal or temporary residence within the State, of whatever duration, will not constitute domicile within the State for the purposes of the bill.
The bill contains exceptions for contracts and subcontracts that are necessary to address an emergency, when the public exigency requires immediate performance, or when adherence to the bill's provisions would violate any provision of federal law or result in the loss of federal funds.
Under the bill, a person or business entity that is determined by the State Treasurer to have violated the provisions of this section would be subject to a civil penalty of not more than $1,000 for a first violation, $5,000 for a second violation and $15,000 for each subsequent violation. The bill provides that the State Treasurer will be responsible for enforcing its provisions. It also creates in the State Department of the Treasury a fund to be known as the "New Jersey Resident Preference Fund" into which any penalties will be deposited. Monies in the fund will be appropriated to the State Department of the Treasury and used to defray the costs of administering the bill's provisions. In addition, any person aggrieved by a violation of the bill may enforce its provisions by private right of action in Superior Court and, if successful, will be awarded reasonable attorneys' fees.
