Requires official inspection facility employees covered by collective bargaining agreement to be offered employment following contract renewal or award of new contract; requires collective bargaining agreement to be binding in certain cases.

A1820

ASSEMBLY, No. 1820

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ANTHONY S. VERRELLI

District 15 (Hunterdon and Mercer)

Assemblywoman YVONNE LOPEZ

District 19 (Middlesex)

Assemblyman CLINTON CALABRESE

District 36 (Bergen and Passaic)

Co-Sponsored by:

Assemblywomen Quijano, Reynolds-Jackson, Assemblyman
Sampson, Assemblywoman Drulis, Assemblyman Freiman and Assemblywoman Bagolie

SYNOPSIS

���� Requires official inspection facility employees
covered by collective bargaining agreement to be offered employment following
contract renewal or award of new contract; requires collective bargaining
agreement to be binding in certain cases.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning employment at official inspection facilities
and amending P.L.1995, c.112.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 4 of P.L.1995,
c.112 (C.39:8-44) is amended to read as follows:

���� 4.��� a.� The State Treasurer
shall either:

���� (1) Assign to the State the
full responsibility for the design, construction, renovation, equipment,
establishment, maintenance, and operation of official inspection facilities and
other aspects of the inspection and maintenance program, including safety
inspections;

���� (2) Enter into a contract or
contracts with a private contractor or contractors for the design,
construction, renovation, equipment, establishment, maintenance, and operation
of official inspection facilities and other aspects of the inspection and maintenance
program, including safety inspections; or

���� (3) Assign to the State
partial responsibility and enter into a contract or contracts with a private
contractor or contractors for the remaining responsibility for the design,
construction, renovation, equipment, establishment, maintenance, and operation
of official inspection facilities and other aspects of the inspection and
maintenance program, including safety inspections.

���� The State Treasurer shall
choose one of the options pursuant to this subsection based on a determination
of the best interests of the citizens of New Jersey.� At least seven business
days prior to the award of a contract that includes the operation or maintenance
of an official inspection facility pursuant to this section, the State
Treasurer shall issue a notice of intent to award the contract and shall submit
to the Legislature the notice of intent and a report describing the option
chosen, which shall include an economic analysis of the three options listed in
this subsection with respect to the operation or maintenance portion of the
contract.

���� b.��� (1) A contract
authorized by this section may, subject to the provisions of subsection f. of
R.S.39:8-2, include the purchase, lease or sale of an interest in real or
personal property.� The State Treasurer is authorized to exercise all authority
of the Directors of the Division of Purchase and Property and of the Division
of Building and Construction to award the contract or contracts authorized by
this section as a single contract, multiple branch contracts or multiple single
contracts.� Any contract awarded pursuant to this section shall be awarded in
accordance with the provisions of P.L.1954, c.48 (C.52:34-6 et seq.) and any
rules and regulations promulgated pursuant to that act.� The provisions of
R.S.52:32-2 shall not apply to any contract authorized by this section.�

���� (2) Notwithstanding the
provisions of chapter 35 of Title 52 of the Revised Statutes, the State
Treasurer is not required to limit bids to persons who are prequalified.� The
State Treasurer is authorized to require each person who submits a bid for a
contract pursuant to this section to submit statements under oath in response
to a questionnaire that develops fully that person's financial ability,
adequacy of plant and equipment, organization, prior experience and any other
facts pertinent and material to qualification, including qualification of any
subcontractors, for the contract sought.� Any such questionnaire required shall
be standardized with respect to, and shall be set forth in, each invitation to
bid.

���� (3) Any other provision of law
to the contrary notwithstanding, and subject to guidelines for conflict of
interest established by the Attorney General, for the purposes of this section
a State officer or employee or a group of State officers or employees may enter
into a contract or contracts as a private contractor.� A State officer or
employee having any duties or responsibilities in connection with the
evaluation or awarding of a contract pursuant to this section shall not
individually or through any person or entity acting on behalf of that officer
or employee bid on or enter into a contract as a private contractor.

���� (4) A contractor for the
operation of an official inspection facility, or any of its officers or
employees, may not be engaged in the business of selling, maintaining, or
repairing motor vehicles or selling motor vehicle replacement or repair parts.�
A contractor's employees shall not be deemed employees of the State for any
purpose.

���� c.���� A contract for the
operation of an official inspection facility shall provide for motor vehicle
inspection services that are consumer-friendly to the maximum extent feasible.�
A contract shall at a minimum specify that:

���� (1) New or relocated
inspection facilities shall be sited close to population centers, but in
locations that remain convenient for suburban and rural residents;

���� (2) An inspection facility
shall be open for inspections, exclusive of holidays, at least 55 hours each
week, including hours prior to 9:00 am or after 5:00 pm on weekdays and hours
on the weekend, except that the facility may lessen or expand these hours based
on the results of a survey of persons who use the facility for motor vehicle
inspections;

���� (3) An inspection facility
shall maintain a climate-controlled waiting area for persons whose motor
vehicles are being inspected;�

���� (4) At least one lane at each
inspection facility shall be reserved to the extent practicable for
reinspections, although this lane may be opened to initial inspections whenever
there are no reinspections being performed;�

���� (5) The number of inspection
lanes provided for in the contract to be constructed may be increased to meet
the standards set by the
[
director
]

Chief
Administrator of the New Jersey Motor Vehicle Commission
pursuant to
subsection d. of this section only if the contractor can show that this
increase is more cost-effective than extending the hours of operation;

���� (6) A toll-free telephone
number and a network of computerized signs shall be established, and public
service announcements shall be aired to advise motorists of the length of lines
at inspection facilities.� Periodic surveys concerning hours and methods of
operation shall be conducted.� Each motor vehicle operator who arrives at a
facility for an inspection shall be provided with a written document containing
the following statement:

���� "The motor vehicle
emission test being conducted at this facility has been imposed on the
residents of this State by an act of the Congress of the United States and the
regulations of the United States Environmental Protection Agency."

���� In addition, the written
document shall include the name and address of the Administrator of the federal
Environmental Protection Agency and of each member of Congress elected from
this State.

���� A contractor shall spend not
less than one percent of its operating budget to provide an ongoing public
information program;
[
and
]

���� (7) All qualified full-time
employees whose employment with the
[
division
]

New Jersey
Motor Vehicle Commission
is terminated as a result of P.L.1995, c.112
(C.39:8-41 et al.) shall be offered full-time employment.� If more than one
contract for the operation of official inspection facilities is awarded, each
contractor shall offer full-time employment to a percentage of the number of
such employees that is equal to the percentage of the total number of
inspection lanes that will be operated by that contractor
; and

����
(8) During any contract
renewal or subsequent procurement for the operation of an official inspection
facility, any employee covered by a collective bargaining agreement shall be
offered employment to meet the staffing needs of the new contract.� The terms
of the existing collective bargaining agreement, including compensation and
benefits, shall be the existing or current wage for any new contract
established by renewal or subsequent procurement.� Offers of employment to any existing
or new employee shall not be less than the existing or current wage for a
particular position, as applicable
.

���� d.��� The
[
director
]

chief
administrator
shall adopt, pursuant to the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), regulations to establish the
conduct of inspections by any person who has entered into a contract with the
State pursuant to subsection a. of this section, and may issue directives or
guidelines or enter into contracts or agreements for the oversight and
regulation of any person who has entered into a contract with the State
pursuant to subsection a. of this section.� The
[
director
]

chief
administrator
shall establish standards that are designed to achieve
average wait times of 30 minutes or less and to keep the overall operating cost
of the facilities to a minimum. The
[
director
]

chief
administrator
shall develop a system of incentives that are designed to
achieve average wait times of 15 minutes or less.� Data generated at any
official inspection facility shall be the property of the State and shall be
fully accessible to the
[
division
]

New Jersey
Motor Vehicle Commission
at any time.�

���� e.���� If a dispute over
contract compliance, performance or termination cannot be resolved by the State
Treasurer and the private contractor pursuant to the procedures set forth in a
contract entered into pursuant to the provisions of this section, either party
to the contract may file with the Superior Court a request either for an order
either to terminate the contract or for an order for other appropriate relief
to the dispute.� Any provision of N.J.S.59:13-5 to the contrary
notwithstanding, the State Treasurer may consent to the filing of such a
request prior to the expiration of 90 days from the date that the notice of
claim is received.� The court may take such action as it may deem necessary to
facilitate the expeditious resolution of the dispute and an expeditious
response to the request, including ordering the parties to undertake dispute
resolution, mediation, or arbitration as provided in N.J.S.59:13-7.� Within 90
days after the filing of a request, the court shall either grant the request or
deny the request.� If the request is granted, the court shall order such
appropriate relief measures or remedies as it deems appropriate and necessary.

���� f.���� (1) A person whose
employment with the
[
Division
of Motor Vehicles
]

New Jersey Motor Vehicle Commission
is terminated as a result of a
contract entered into pursuant to subsection a. of this section, who does not
accept an offer of employment with a contractor pursuant to paragraph (7)
or
paragraph (8)
of subsection c. of this section, and who undergoes
counseling pursuant to section 7 of P.L.1992, c.43 (C.34:15D-7),
[
may apply
]

shall be
eligible
for a training grant pursuant to section 6 of P.L.1992, c.43
(C.34:15D-6).

���� (2) Any provision of P.L.1992,
c.43 (C.34:15D-1 et al.) to the contrary notwithstanding, the Workforce
Development Program in the Department of Labor
and Workforce Development

may provide a training grant to each person who applies pursuant to paragraph
(1) of this subsection for a training grant to pay for employment and training
services as provided pursuant to section 6 of P.L.1992, c.43 (C.34:15D-6).

����
g.��� Notwithstanding any
law, rule, or regulation to the contrary,

for any contract renewal or
award of a new contract involving the operation of an official inspection
facility within this State, existing employees covered by a collective
bargaining agreement shall be the first to be offered employment to meet the
staffing requirements of the contract. �Offers of employment to both existing
and new employees shall include compensation and benefits packages that meet
the requirements of any collective bargaining agreement that may be in place
for the existing contract.

����
In the event of a sale,
transfer of assets including contracts, or in the event of a merger with
another company, the collective bargaining agreement in effect at the time shall
be binding on any successors and assigns, including all purchasers of any
assets, contracts, or the business. �The collective bargaining agreement shall be
binding on any and all corporations, partnerships, organizations, and sole
proprietorships affiliated with or related to doing business under the terms of
the collective bargaining agreement in effect.

(cf: P.L.1995, c.112, s.4)

���� 2.� This act shall take effect
immediately.

STATEMENT

���� This bill requires existing
employees covered by a collective bargaining agreement to be the first to be
offered employment to meet the staffing requirements of a contract renewal or
award of a new contract involving the operation of an official motor vehicle
inspection facility.� Offers of employment extended to existing and new
employees are required to include compensation and benefits packages that meet
the requirements of any collective bargaining agreement that may be in place
for the existing contract.

���� The bill provides that during
any contract renewal or subsequent procurement for the operation of an official
inspection facility: �(1) any employee covered by a collective bargaining
agreement will be offered employment to meet the staffing needs of the new
contract; (2) the terms of the existing collective bargaining agreement,
including compensation and benefits, will be the existing or current wage for
any new contract established by renewal or subsequent procurement; and (3) offers
of employment to any existing or new employee are to be at least equal to the
existing or current wage for a particular position, as applicable.

���� Under the bill, in the event
of a sale, a transfer of assets, or a merger with another company, the
collective bargaining agreement in effect at the time is binding on any
successors and assigns, including all purchasers of any assets, contracts, or
the business.� The bill also provides that the collective bargaining agreement
is to be binding on all corporations, partnerships, organizations, and sole
proprietorships affiliated with or related to doing business under the terms of
the collective bargaining agreement in effect.

���� Finally, under the bill, an
employee whose employment with the New Jersey Motor Vehicle Commission was
terminated as a result of a contract entered into pursuant to certain
provisions of the bill, who does not accept an offer of employment with a
contractor pursuant to certain provisions of the bill, and who undergoes
certain counseling is eligible for a training grant established by current law.