A 4072

[First Reprint]
ASSEMBLY, No. 4072
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 12, 2026
Sponsored
by:
Assemblywoman�
VERLINA REYNOLDS-JACKSON
District 15
(Hunterdon and Mercer)
Assemblyman�
CODY D. MILLER
District 4
(Atlantic, Camden and Gloucester)
Assemblywoman�
ROSAURA "ROSY" BAGOLIE
District 27
(Essex and Passaic)
Senator�
JOHN J. BURZICHELLI
District 3
(Cumberland, Gloucester and Salem)
Senator�
BENJIE E. WIMBERLY
District 35
(Bergen and Passaic)
Co-Sponsored
by:
Assemblymen
Kearney, Bailey, Sampson, Danielsen, Angelozzi, Assemblywoman Speight,
Assemblymen Stewart, Hutchison, Assemblywomen Morales, Drulis, Assemblymen
Freiman, Moen, Assemblywomen Peterpaul, Donlon, Quijano, Assemblyman Egan,
Assemblywomen Carter, Katz, Sweeney, Assemblyman G.Rodriguez, Assemblywomen
Fantasia, Park, Assemblymen Inganamort, Stanley, Senators Schepisi, Greenstein,
McKnight, A.M.Bucco, Singleton, B.Smith, Burgess, Diegnan, Singer, Timberlake,
Tiver, Henry, Amato, Space, Turner and Mukherji
SYNOPSIS
���� Establishes minimum qualifications for persons
employed on public works contract.
CURRENT VERSION OF TEXT
���� As reported by the Senate Budget and Appropriations
Committee on June 28, 2026, with amendments.
��
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)
A certification form provided by the commissioner, with supporting
documentation, establishing to the satisfaction of the commissioner that each
journeyperson employed as a craft worker by the contractor in the performance
of public work meets at least one of the following qualifications: (a) has
graduated from a registered apprenticeship program with �Standards of
Apprenticeship,� 29 C.F.R. s.29.5, for the craft or trade of the journeyperson
that are equivalent to those of a United States Department of Labor registered
apprenticeship program 1[that is sponsored by a labor union or jointly
sponsored with a labor union and an employer association, provided that the
labor union is signatory to a collective bargaining agreement that is or was
the basis for a determination by the commissioner of the �prevailing wage,�
pursuant to section 6 of P.L.1963, c.150 (C.34:11-56.30)] , provided that the craft worker is actively
employed in the applicable craft or trade1; or (b) has completed four years of documented work
as a craft worker that can be verified by their pay records or through sworn
statements of the craft worker and the employer or employers for whom the craft
worker performed services during the four year period; except that craft
workers who are members of a labor union and are employed by an employer that
is signatory to a collective bargaining agreement that is or was the basis for
a determination by the commissioner of the �prevailing wage,� pursuant to
section 6 of P.L.1963, c.150 (C.34:11-56.30) 1or are employed by an employer that is signatory to
a collective bargaining agreement with a labor organization recognized under
the �National Labor Relations Act,� 29 U.S.C. s.151 et seq., where such
agreement provides for participation in one or more jointly administered
labor-management trust funds established pursuant to the �Labor Management
Relations Act,� 29 U.S.C. s.186(c)(5) or (6), including apprenticeship,
training, pension, health, or other employee benefit plans maintained in
accordance with the �Employee Retirement Income Security Act of 1974,� 29
U.S.C. s.1001 et seq., regardless of whether such agreement was utilized in
determining the prevailing wage1 , shall be exempt from the qualifications of this paragraph; and
����� (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 1[90 days] one year1 after
the date of enactment.