Senator TROY SINGLETON
District 7 (Burlington)
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
Requires certain contractors to register under "The Public Works Contractor Registration Act."
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning public works contractor registration and amending 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.), or who is required to pay its workers the prevailing wage by any other provision of law, 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.
"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: P.L.2007, c.67, s.2.)
2. Section 4 of P.L.1999, c.238 (C.34:11-56.51) is amended to read as follows:
4. No contractor shall bid on any contract for public work as defined in section 2 of P.L.1963, c.150 (C.34:11-56.26) , or for which payment of the prevailing wage is required by any other provision of law, unless the contractor is registered pursuant to this act. No contractor shall list a subcontractor in a bid proposal for the contract unless the subcontractor is registered pursuant to P.L.1999, c.238 (C.34:11-56.48 et seq.) at the time the bid is made. No contractor or subcontractor, including a subcontractor not listed in the bid proposal, shall engage in the performance of any public work subject to the contract, unless the contractor or subcontractor is registered pursuant to that act.
(cf: P.L.2003, c.91, s.2.)
3. Section 8 of P.L.1999, c.238 (C.34:11-56.55) is amended to read as follows:
8. Each contractor shall, after the bid is made and prior to the awarding of the contract, submit to the public entity , including, but not limited to, any authority, board, or commission, the certificates of registration for all subcontractors listed in the bid proposal. Applications for registration shall not be accepted as a substitute for a certificate of registration for the purposes of this section.
(cf: P.L.2003, c.91, s.4.)
4. This act shall take effect on the first day of the third month following enactment.
This bill requires contractors that are required by current law to pay their workers the prevailing wage to register under "The Public Works Contractor Registration Act," P.L.1999, c.238 (C.34:11-56.48 et seq.). Currently, contractors are only required to register under that act if they enter into contracts that are subject to the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.). There are a number of other statutes, such as the "The New Jersey Economic Development Authority Act," P.L.1974, c.80 (C.34:1B-1 et seq.), which require contractors to pay workers the prevailing wage, but are not technically subject to the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), and therefore do not require contractors to register under "The Public Works Contractor Registration Act." This bill specifies that public works contractor registration would be required in any instance where a contractor is required to pay the prevailing wage pursuant to law.