Sponsored by:
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
Senator DONALD NORCROSS
District 5 (Camden and Gloucester)
SYNOPSIS
Requires Commissioner of DOLWD to disseminate certain information to contractors who bid on or perform prevailing wage public work.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the dissemination of information to contractors who bid on or perform prevailing wage public work and amending P.L.1963, c.150.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 13 of P.L.1963, c.150 (C.34:11-56.37) is amended to read as follows:
13. a. In the event that the commissioner shall determine, after investigation, that any contractor or subcontractor has failed to pay the prevailing wage he shall thereupon list and keep on record the name of such contractor or subcontractor and forthwith give notice by mail of such list to any public body who shall request the commissioner so to do. Where the person responsible denies that a failure to pay the prevailing wage has occurred, he shall have the right to apply to the commissioner for a hearing which must be afforded and a decision rendered within 48 hours of the request for a hearing. If the commissioner rules against the petitioning party he shall have the right to apply for injunctive relief in the Superior Court against the listing by the commissioner.
b. The commissioner shall create, maintain, and distribute an inventory or checklist for use by contractors and subcontractors to provide guidance in the pursuit of bidding on and performing public work. The checklist or inventory shall detail any and all requirements and suggest best practices for contractors and subcontractors who bid on and perform public work, including but not limited to wage payment, recordkeeping, and registration requirements, and applicable penalties, pursuant to the “New Jersey Prevailing Wage Act,” P.L.1963, c.150 (C.34:11-56.25 et seq.) and “The Public Works Contractor Registration Act,” P.L.1999, c.238 (C.34:11-56.48 et seq.). The commissioner shall prominently display the inventory or checklist on a website maintained by the Department of Labor and Workforce Development and shall distribute to any contractor or subcontractor, upon request, the inventory or checklist, as well as the list of the names of contractors and subcontractors who have failed to pay prevailing wages as determined pursuant to subsection a. of this section.
(cf: P.L.1963, c.150, s.13)
2. This act shall take effect immediately.
STATEMENT
This bill requires the Commissioner
of Labor and Workforce
Development to create, maintain, and distribute an inventory or checklist for
use by contractors and subcontractors who wish to engage in bidding on or
performing public work subject to the “New Jersey Prevailing Wage Act,” P.L.1963,
c.150 (C.34:11-56.25 et seq.).
The bill provides that the inventory or checklist must detail any and all requirements and suggest best practices for contractors and subcontractors who bid on and perform public work, including but not limited to wage payment, recordkeeping, and registration requirements, and applicable penalties, pursuant to the “New Jersey Prevailing Wage Act” and “The Public Works Contractor Registration Act,” P.L.1999, c.238 (C.34:11-56.48 et seq.).
The bill also requires the commissioner to display prominently the inventory or checklist on a website maintained by the Department of Labor and Workforce Development and distribute to any contractor or subcontractor, upon request, the inventory or checklist, as well as the list of the names of contractors and subcontractors who have been debarred from public work due to violations of the “New Jersey Prevailing Wage Act.”