New Jersey-2022-S170-Introduced

An Act concerning registration of small businesses for public works contracts and amending P.L.1999, c.238.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 5 of P.L.1999, c.238 (C.34:11-56.52) is amended to read as follows:

5. a. A contractor shall register in writing with the department on a form provided by the commissioner. The form shall require the following information:

(1) The name, principal business address and telephone number of the contractor;

(2) Whether the contractor is a corporation, partnership, sole proprietorship, or other form of business entity;

(3) If the contractor's principal business address is not within the State, the name and address of the contractor's custodian of records and agent for service of process in this State;

(4) The name and address of each person with a financial interest in the contractor and the percentage interest, except that if the contractor is a publicly-traded corporation, the contractor shall supply the names and addresses of the corporation's officers;

(5) The contractor's tax identification number and unemployment insurance registration number;

(6) A certification form provided by the commissioner, with documentation satisfactory to the commissioner, that the contractor has all valid and effective licenses, registrations or certificates required by State law, including registrations or certifications required to do business in the State of New Jersey, and the contractor, if directly employing craftworkers, participates in a registered apprenticeship program as defined in section 3 of P.L.1999, c.238 (C.34:11-56.50) for each craft they employ; and

(7) Any other relevant and appropriate information as determined by the commissioner.

b. At the time of registration, and subsequently upon request, the contractor shall submit to the commissioner documentation demonstrating that the contractor has worker's compensation insurance coverage for all workers as required by law.

c. (1) A small business shall not be subject to the requirement to participate in a registered apprenticeship program pursuant to paragraph (6) of subsection a. of this section.

(2) As used in this section, "small business" means any employer who employed 10 or fewer workers for every working day during each of a majority of the calendar workweeks in the current calendar year and 10 or fewer workers for every working day during not less than 48 calendar workweeks in the preceding calendar year, except that, if the employer was newly established during the preceding calendar year, the employer shall be regarded as a "small business" if the employer employed 10 or fewer workers for every working day during all of the weeks of that year, and during a majority of the calendar workweeks in the current calendar year, and, if the employer is newly established during the current calendar year, the employer shall be regarded as a "small business" if the employer employed 10 or fewer workers for every working day during a majority of the calendar workweeks in the current calendar year.

(cf: P.L.2019, c.21, s.2)

2. This act shall take effect immediately.

STATEMENT

This bill exempts small businesses that register under "The Public Works Contractor Registration Act," P.L.1999, c.238 (C.34:11-56.48 et seq.) to bid on public works projects from the requirement that they participate in a registered apprenticeship program.

Under current law, all contractors are required to participate in a registered apprenticeship program under "The Public Works Contractor Registration Act" to be eligible for public works contracts.

The bill defines "small business" as any employer who employed 10 or fewer workers for every working day during each of a majority of the calendar workweeks in the current calendar year and 10 or fewer workers for every working day during not less than 48 calendar workweeks in the preceding calendar year, except that, if the employer was newly established during the preceding calendar year, the employer will be regarded as a "small business" if the employer employed 10 or fewer workers for every working day during all of the weeks of that year, and during a majority of the calendar workweeks in the current calendar year, and, if the employer is newly established during the current calendar year, the employer will be regarded as a "small business" if the employer employed 10 or fewer workers for every working day during a majority of the calendar workweeks in the current calendar year.