Assemblyman MICHAEL PATRICK CARROLL
District 25 (Morris and Somerset)
Assemblyman DECLAN J. O'SCANLON, JR.
District 13 (Monmouth)
Excludes projects funded by Transportation Trust Fund from prevailing wage requirements.
CURRENT VERSION OF TEXT
An Act excluding certain contracts from prevailing wage requirements and amending P.L.1963, c.150.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1963, c.150 (C.34:11-56.27) is amended to read as follows:
3. a. Every contract in excess of the prevailing wage contract threshold amount for any public work to which any public body is a party or for public work to be done on property or premises owned by a public body or leased or to be leased by a public body shall contain a provision stating the prevailing wage rate which can be paid [(], as shall be designated by the commissioner[)], to the workers employed in the performance of the contract and the contract shall contain a stipulation that [such] the workers shall be paid not less than [such] the prevailing wage rate. [Such] The contract shall also contain a provision that in the event it is found that any worker, employed by the contractor or any subcontractor covered by [said] the contract, has been paid a rate of wages less than the prevailing wage required to be paid by [such] the contract, the public body, the lessee to whom the public body is leasing a property or premises, or the lessor from whom the public body is leasing or will be leasing a property or premises may terminate the contractor's or subcontractor's right to proceed with the work, or [such] the part of the work as to which there has been a failure to pay required wages and to prosecute the work to completion or otherwise. The contractor and [his] the contractor’s sureties shall be liable for any excess costs occasioned thereby to the public body, any lessee to whom the public body is leasing a property or premises, or any lessor from whom the public body is leasing or will be leasing a property or premises.
b. No contract for any public work funded in whole or in part by revenues from the Transportation Trust Fund, created pursuant to section 20 of P.L.1984, c.73 (C.27:1B-20), shall be subject to the requirements of P.L.1963, c. 150 (C.34:11-56.25 et seq.), except that the provisions of this subsection shall not apply to any contract for public work if that application jeopardizes or results in the loss of any federal funding provided to any public body for the completion of the public work.
(cf: P.L.2007, c.68, s.2)
2. This act shall take effect immediately.
This bill exempts from the requirements of the “New Jersey Prevailing Wage Act,” any contract for public work funded in whole or in part by revenues from the Transportation Trust Fund. The bill stipulates that this exemption will not apply if that exemption jeopardizes or results in a loss of federal funding provided to any public body for the completion of the public work.