STATEMENT TO

[First Reprint]

SENATE, No. 834

with Senate Floor Amendments

(Proposed By Senator BUBBA)

ADOPTED: JUNE 20, 1996

      The amendments to section 1 of the bill permit the public entity with which the notice is filed to charge an inquiry fee for information contained in the notice to any person, including the contractor. The inquiry fee must be reasonable and must be set to reflect the cost to the public entity of retrieving the information.

      The amendments in section 2 of the bill require that the delivery of a payment bond under that section will require payment by the contractor for work or materials provided by subcontractors or material suppliers in contract with the contractor, or subcontractors or material suppliers in contract with a subcontractor to the contractor, and change the wording of the model certification at the end of that section from "void" to "voidable."

      Finally, the amendments add a new section 7 to the bill, which amends the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), to permit any specification adopted by the governing body to include an item for the cost, which shall be paid by the contractor, of creating a file to maintain the notices of the delivery of labor or materials required by N.J.S.2A:44-128.

      These amendments make this bill identical to Assembly, No. 1034 (2R).