Bill Text: NJ S2390 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits certain contractors from public works projects.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-12-17 - Introduced in the Senate, Referred to Senate Labor Committee [S2390 Detail]
Download: New_Jersey-2012-S2390-Introduced.html
Sponsored by:
Senator DONALD NORCROSS
District 5 (Camden and Gloucester)
SYNOPSIS
Prohibits certain contractors from public works projects.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting certain contractors from public works projects and amending and supplementing P.L.1999, c.238.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1999, c.238 (C.34:11-56.50) is amended to read as follows:
3. As used in this act:
"Commissioner" means the Commissioner of Labor and Workforce Development or his duly authorized representatives.
"Contractor" means a person, partnership, association, joint stock company, trust, corporation, or other legal business entity or successor thereof who enters into a contract which is subject to the provisions of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), and includes any subcontractor or lower tier subcontractor of a contractor as defined herein.
"Department" means the Department of Labor and Workforce Development.
"Director" means the Director of the Division of Wage and Hour Compliance in the Department of Labor and Workforce Development.
"State wage, benefit and tax laws" means:
(1) P.L.1965, c.173 (C.34:11-4.1 et seq.);
(2) The "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.);
(3) The "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.);
(4) The "Construction Industry Independent Contractor Act," P.L. 2007, c.114 (C.34:20-1 et seq.);
(5) The workers' compensation law, R.S.34:15-1 et seq.;
(6) The "unemployment compensation law," R.S.43:21-1 et seq.;
(7) The "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.);
(8) P.L.2008, c.17 (C.43:21-39.1 et al.); and
(9) The "New Jersey Gross Income Tax Act," N.J.S.54A:1-1 et seq.
"Worker" includes laborer, mechanic, skilled or semi-skilled laborer and apprentices or helpers employed by any contractor or subcontractor and engaged in the performance of services directly upon a public work, regardless of whether their work becomes a component part thereof, but does not include material suppliers or their employees who do not perform services at the job site.
(cf: 2007, c.67, s.2).
2. (New section) No contractor or subcontractor shall be registered pursuant to P.L.1999, c.238 (C.34:11-56.48 et seq.) if the contractor or subcontractor has, in any of the three most recent calendar years, been determined by the commissioner to have either of the following:
a. A total of three or more material violations of State wage, benefit and tax laws, as defined in section 3 of P.L.1999, c.238 (C.34:11-56.50), occurring on two or more public contracts; or
b. A total of three or more serious violations of safety or health standards promulgated pursuant to the federal "Occupational Safety and Health Act of 1970," Pub.L.91-596 (29 U.S.C. s.651 et seq.), occurring on two or more public contracts.
3. This act shall take effect on the 180th day after the date of enactment, except that the Commissioner of Labor and Workforce Development shall take any anticipatory administrative action in advance of the effective date as is necessary for the implementation of this act.
STATEMENT
This bill prohibits any contractor or subcontractor who, in any of the three previous years, has a total of three or more material violations of certain State wage, benefit and tax laws occurring on two or more public contracts, or has a total of three or more serious violations of safety or health standards promulgated pursuant to the federal "Occupational Safety and Health Act of 1970" (OSHA) occurring on two or more public contracts, from registering as a "public works contractor."
State wage, benefit and tax laws included in the bill include: payment of wages laws, P.L.1965, c.173 (C.34:11-4.1 et seq.); the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.); the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.); the "Construction Industry Independent Contractor Act," P.L. 2007, c.114 (C.34:20-1 et seq.); the workers' compensation law, R.S.34:15-1 et seq.; the "unemployment compensation law," R.S.43:21-1 et seq.; the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.); the family leave insurance law, P.L.2008, c.17 (C.43:21-39.1 et al.); and the "New Jersey Gross Income Tax Act," N.J.S.54A:1-1 et seq.
Contractors and subcontractors that are not registered with the State as a "public works contractor" pursuant to "The Public Works Contractor Registration Act," P.L.1999, c.238 (C.34:11-56.48 et seq.) are not permitted to bid on any contract for public work as defined in the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.). Therefore, any contractor or subcontractor that has a total of three or more material violations of any of the above State wage, benefit and tax laws, or a total of three or more serious violations of OSHA standards, occurring on two or more public contracts in any of the previous three years, would not be permitted to bid on any contract for public work in New Jersey.
