| 61 | | - | An Act establishing minimum qualifications for persons employed on a public works contract and amending P.L.1999, c.238. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. 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 electronically with the department on an online 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; (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 the contractor, if directly employing craftworkers, participates in a registered apprenticeship program as defined in section 3 of P.L.1999, c.238 (C.34:11-56.50) for each craft they employ; and (7) A certification form provided by the commissioner, with supporting documentation, establishing to the satisfaction of the commissioner that the registered apprenticeship program, as defined in section 3 of P.L.1999, c.238 (C.34:11-56.50), meets all of the requirements of section 6 of P.L.2021, c.423 (C.34:11-56.55a), and 29 C.F.R. ss.29.3, 29.4, 29.5, 29.6 and 29.7; (a) If it is determined by the commissioner that a registered apprenticeship program in which the contractor participates does not meet all of the requirements of 29 C.F.R. ss.29.3, 29.4, 29.5, 29.6 and 29.7, that determination of the commissioner shall, subject to the requirements of subsection b. of section 9 of P.L.1999, c.238 (C.34:11-56.56), including the contractor's right to request a hearing, result in initial registration application denial, registration renewal denial, revocation, or suspension of the certificate of registration to perform public work in New Jersey; (b) The determination of the commissioner under this paragraph shall only impact the contractor's ability to obtain or maintain its public works contractor registration certificate under P.L.1999, c.238 (C.34:11-56.48 et seq.), and shall not affect the status of the registered apprenticeship program for the purpose of its continued operation in New Jersey; (c) A determination by the commissioner under subparagraph (a) of this paragraph (7) that a registered apprenticeship program in which the contractor participates does not meet all of the requirements of 29 C.F.R. ss. 29.3, 29.4, 29.5, 29.6 and 29.7 shall result not only in initial registration application denial, registration renewal denial, revocation or suspension of that contractor's certificate of registration to perform public work in New Jersey, but also shall result in the initial registration application denial, registration renewal denial, revocation or suspension of every contractor who is meeting the apprenticeship program participation requirement through participation in the non-compliant registered apprenticeship program; provided that any initial registration application denial, registration renewal denial, revocation or suspension shall be subject to the requirements of subsection b. of section 9 of P.L.1999, c.238 (C.34:11-56.56), including the contractor's right to request a hearing; [and] (8) Certification that each 1[employee] journeyperson1 completing work established in the contract meets at least one of the following qualifications: (1) 1[has earned a high school or a General Educational Development (GED) diploma; (2) is currently enrolled in] has graduated from1 an apprenticeship program that is equivalent to the apprenticeship standards of the building and construction trade union that is specific to their craft; or 1[(3)] (2)1 has completed four years of documented work as a tradesperson that can be verified by their tax filings; and [(8)] (9) 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.2023, c.138, s.1) 2. This act shall take effect 90 days after the date of enactment. |
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| 59 | + | An Act establishing minimum qualifications for persons employed on a public works contract and amending P.L.1999, c.238. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. 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 electronically with the department on an online 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; (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 the contractor, if directly employing craftworkers, participates in a registered apprenticeship program as defined in section 3 of P.L.1999, c.238 (C.34:11-56.50) for each craft they employ; and (7) A certification form provided by the commissioner, with supporting documentation, establishing to the satisfaction of the commissioner that the registered apprenticeship program, as defined in section 3 of P.L.1999, c.238 (C.34:11-56.50), meets all of the requirements of section 6 of P.L.2021, c.423 (C.34:11-56.55a), and 29 C.F.R. ss.29.3, 29.4, 29.5, 29.6 and 29.7; (a) If it is determined by the commissioner that a registered apprenticeship program in which the contractor participates does not meet all of the requirements of 29 C.F.R. ss.29.3, 29.4, 29.5, 29.6 and 29.7, that determination of the commissioner shall, subject to the requirements of subsection b. of section 9 of P.L.1999, c.238 (C.34:11-56.56), including the contractor's right to request a hearing, result in initial registration application denial, registration renewal denial, revocation, or suspension of the certificate of registration to perform public work in New Jersey; (b) The determination of the commissioner under this paragraph shall only impact the contractor's ability to obtain or maintain its public works contractor registration certificate under P.L.1999, c.238 (C.34:11-56.48 et seq.), and shall not affect the status of the registered apprenticeship program for the purpose of its continued operation in New Jersey; (c) A determination by the commissioner under subparagraph (a) of this paragraph (7) that a registered apprenticeship program in which the contractor participates does not meet all of the requirements of 29 C.F.R. ss. 29.3, 29.4, 29.5, 29.6 and 29.7 shall result not only in initial registration application denial, registration renewal denial, revocation or suspension of that contractor's certificate of registration to perform public work in New Jersey, but also shall result in the initial registration application denial, registration renewal denial, revocation or suspension of every contractor who is meeting the apprenticeship program participation requirement through participation in the non-compliant registered apprenticeship program; provided that any initial registration application denial, registration renewal denial, revocation or suspension shall be subject to the requirements of subsection b. of section 9 of P.L.1999, c.238 (C.34:11-56.56), including the contractor's right to request a hearing; [and] (8) Certification that each employee completing work established in the contract meets at least one of the following qualifications: (1) has earned a high school or a General Educational Development (GED) diploma; (2) is currently enrolled in an apprenticeship program that is equivalent to the apprenticeship standards of the building and construction trade union that is specific to their craft; or (3) has completed four years of documented work as a tradesperson that can be verified by their tax filings; and [(8)] (9) 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.2023, c.138, s.1) 2. This act shall take effect 90 days after the date of enactment. STATEMENT This bill establishes minimum qualifications for persons employed through a public works contract. Any contractor submitting a bid for a contract which is paid for in whole or in part out of the funds of a public body in this State will certify that each employee completing work established in the contract meets at least one of the following qualifications: (1) has earned a high school or a General Educational Development (GED) diploma; (2) is currently enrolled in an apprenticeship program that is equivalent to the apprenticeship standards of the building and construction trade union that is specific to their craft; or (3) has completed four years of documented work as a tradesperson that can be verified by their tax filings. |
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