Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
Senator JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
Senator DAWN MARIE ADDIEGO
District 8 (Atlantic, Burlington and Camden)
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Requires public works contractors to have certain certifications; requires contractors’ workers to participate in or have completed apprenticeship program.
CURRENT VERSION OF TEXT
An Act concerning public works contractors 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.), 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, who have completed or are actively participating in a registered apprenticeship program, 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.
“Registered apprenticeship program” means an apprenticeship program which is registered with and approved by the United States Department of Labor and which provides each trainee with combined classroom and on-the-job training in an occupation recognized as an apprenticeable trade and meets the program standards of enrollment and graduation under 29 C.F.R. s.29.6.
(cf: P.L.2007, c.67, s.2)
2. 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; [and]
(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 that its workers have completed or are actively participating in a registered apprenticeship program as defined in section 3 of P.L.1999 c.238 (C.34:11-56.50); 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.
(cf: P.L.1999, c.238, s.5)
3. This act shall take effect immediately.
This bill requires workers who are subject to “The Public Works Contractor Registration Act” to have completed or be actively participating in a registered apprenticeship program.
Under the bill, a registered apprenticeship program means an apprenticeship program that is registered with and approved by the United States Department of Labor and provides the trainee with combined classroom and on-the-job training in an occupation recognized as a trade and meets the program standards of enrolment and graduation under the Code of Federal Regulations.
The bill requires a public works contractor to file with the Commissioner of Labor and Workforce Development 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 that its workers have completed or are actively participating in a registered apprenticeship program.