Establishes "New Jersey Private Contractor Registration Act;" appropriates $1.5 million.*

A3762 1R

[First Reprint]

ASSEMBLY, No. 3762

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ALIXON COLLAZOS-GILL

District 27 (Essex and Passaic)

Assemblyman� CODY D. MILLER

District 4 (Atlantic, Camden and Gloucester)

Assemblywoman� ROSAURA "ROSY" BAGOLIE

District 27 (Essex and Passaic)

Co-Sponsored by:

Assemblymen Bailey, Sampson, Danielsen, Assemblywoman
Speight, Assemblymen Stewart, Hutchison, Assemblywomen Peterpaul, Donlon,
Assemblymen Egan, Stanley, Assemblywomen Drulis, Carter, Sweeney, Morales,
Assemblymen Schaer, Schnall, Freiman and Assemblywoman Murphy

SYNOPSIS

���� Establishes "New Jersey Private Contractor
Registration Act;" appropriates $1.5 million.

CURRENT VERSION OF TEXT

���� As reported by the Assembly State and Local
Government Committee on June 23, 2026, with amendments.

��

An Act

concerning private contractors
1
[
and
]

,
1

supplementing chapter 11 of Title 34 of the Revised Statutes
1
, and
making an appropriation
1
.

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

���� 1.��� This act shall be known
and may be cited as the �New Jersey Private Contractor Registration Act.�

���� 2.��� As used in this act:

���� �Commissioner� means the
Commissioner of Labor and Workforce Development or the commissioner�s duly
authorized representative.

���� �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.

���� �Private construction work�
means all building or work on a building, structure, or improvement of any
type, as well as related building or work on a building, done within the State
under an express or implied contract on behalf of another entity or individual,
and does not include �public work� as that term is defined in section 2 of
P.L.1963, c.150 (C.34:11-56.26), or �home improvement,� as that term is defined
in section 2 of P.L.2004, c.16 (C.56:8-137).���

���� �Private contractor� means a
person, partnership, association, joint stock company, trust, corporation, or
other legal business entity or successor thereof that engages in private
construction work within the State, under an express or implied contract on
behalf of another entity or individual, and is not performing �public work� as
that term is defined in section 2 of P.L.1963, c.150 (C.34:11-56.26), or is not
engaged in �home improvement� as that term is defined in section 2 of P.L.2004,
c.16 (C.56:8-137), and includes any subcontractor or lower tier subcontractor
of a contractor as defined herein.

���� �Worker� includes a laborer,
mechanic, skilled or semi-skilled laborer and apprentices or helpers employed
by any private contractor or subcontractor and engaged in the performance of
private construction work in the State, 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.

���� 3.��� a.�������� No private
contractor or subcontractor shall engage in private construction work, unless
the private contractor or subcontractor is registered pursuant to this act.

���� b.��� No private contractor
shall engage the services of a subcontractor to perform private construction
work, unless the subcontractor is a private contractor registered pursuant to
this act.

���� c.���� Private contractors
that are registered as a public works contractor pursuant to �The Public Works
Contractor Registration Act,� P.L.1999, c.238 (C.34:11-56.48 et seq.) shall be
exempt from the registration and fee requirements of this act.

����
1
d.�� This
act shall not apply to contractors:

����
(1)�� who solely perform
remodeling or renovation work, roofing and siding, kitchen and bathroom
renovations, flooring, painting, decks, patios, fences, window and door
installation, residential repairs or alterations, demolition related to
residential projects, or installation work at homes or small residential
properties; and

����
(2)�� who are registered
pursuant to the �Contractors� Business Registration Act,� P.L.2004, c.16
(C.56:8-136 et seq.).
1

���� 4.��� a.� A private 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 private contractor;

���� (2) whether the private
contractor is a corporation, partnership, sole proprietorship, or other form of
business entity;

���� (3) if the private
contractor's principal business address is not within the State, the name and
address of the private contractor's custodian of records and agent for service
of process in the State;

���� (4) the name and address of
each person with a financial interest in the private contractor and the
percentage interest, except that if the private contractor is a publicly-traded
corporation, the private contractor shall supply the names and addresses of the
corporation's officers;

���� (5) the private 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 private 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;

���� (7) disclosure of any action
committed in another jurisdiction that would constitute a violation of this
act;

���� (8) disclosure of any
administrative merits determination, arbitral award or decision, or civil
judgment, for violations of any of the following federal and State labor laws
or executive orders, which may be amended by the commissioner at the
commissioner�s discretion:

���� (a) �the �Fair Labor Standards
Act of 1938,� (29 U.S.C. s.201 et seq.);

���� (b) �the �New Jersey State
Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.);

���� (c) �P.L.1965, c.173
(C.34:11-4.1 et seq.);

���� (d) �the federal Occupational
Safety and Health Act of 1970 (29 U.S.C. s.651 et seq.);

���� (e) �the "New Jersey
Public Employees' Occupational Safety and Health Act," P.L.1983, c.516
(C.34:6A-25 et seq.);

���� (f) �the Migrant and Seasonal
Agricultural Worker Protection Act, Pub.L.97-470 (29 U.S.C. s.1801 et seq.);

���� (g) �the New Jersey
Employer-Employee Relations Act, P.L.1941, c.100 (C.34:13A-1 et seq.);

���� (h) the Davis-Bacon Act as
amended (40 U.S.C. ss.276a to 276a-5);

���� (i) �the �New Jersey
Prevailing Wage Act,� P.L.1963, c.150 (C.34:11-56.25 et seq.);

���� (j) ��The Public Works
Contractor Registration Act,� P.L.1999, c.238 (C.34:11-56.48 et seq.);

���� (k) �the McNamara-O'Hara
Service Contract Act of 1965 (41 U.S.C. s.6701 et seq.);

���� (l) �Exec. Order No. 11246, as
amended, 30 FR 12319, 30 FR 12935, 3 CFR, (1964�1965) (42 U.S.C. 2000e note;
relating to equal employment opportunity);

���� (m) �section 503 of the
federal Rehabilitation Act of 1973, (29 U.S.C. s.793);

���� (n) �the federal Vietnam Era
Veterans� Readjustment Assistance Act of 1974, as amended (38 U.S.C. s.4212);

���� (o) �the federal �Family and
Medical Leave Act of 1993,� Pub.L.103-3 (29 U.S.C. s.2601 et seq.);

���� (p) �the "Family Leave
Act," P.L.1989, c.261 (C.34:11B-1 et seq.), the "Temporary Disability
Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.), and P.L.2008, c.17
(C.43:21-39.1 et seq.);

���� (q) �Title VII of the Civil
Rights Act of 1964, Pub.L. 88-352 (42 U.S.C. s.2000e et seq.);

���� (r) �the "Law Against
Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.);

���� (s) �the federal
"Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et
seq.);

���� (t) �the federal Age
Discrimination in Employment Act of 1967 (29 U.S.C. s.621 et seq.);

���� (u) �Exec. Order No. 13658, 86
Fed. Reg. 51683 (September 15, 2021); and

���� (v) �P.L.2018, c.10
(C.34:11D-1 et seq.); and

���� (9) �disclosure of any
criminal offense committed in connection with the performance of activities
regulated under this act or any criminal offense involving fraud,
untruthfulness, or dishonesty or any criminal offense relating adversely to the
registrant's fitness to perform activities regulated by this act.� For the
purposes of this paragraph, a plea of guilty, non vult, nolo contendere or any
other similar disposition of alleged criminal activity shall be deemed a
conviction; and

���� (10) �any other relevant and
appropriate information as determined by the commissioner.

���� b.��� At the time of
registration, and subsequently upon request, the private contractor shall
submit to the commissioner documentation demonstrating that the private
contractor has worker's compensation insurance coverage as required by law.

���� c.���� All registration and
payment under this act shall be completed through the department�s online
applications and website.� The department shall accept manual registration and
payment only under exceptional circumstances.

���� 5.��� a.�������� (1)������� The
private contractor shall pay an initial
1
annual
1
non-refundable
registration fee of
1
[
$250
]

$500
1
to the
commissioner. �
1
The
non-refundable registration fee for the second annual registration shall be
$500.
1
�
Upon successful completion of
1
[
an initial two
year
]

two
consecutive years of
1

registration, a private contractor
1
[
shall
thereafter continue
]

may elect
1

to register for a two-year period and pay a non-refundable registration fee of
1
[
$100
]

$750
1
. �Reduced
fee schedules based upon an entity�s annual revenue or non-profit status may be
prescribed by regulation.

���� (2)�� A private contractor who
is performing private construction work on the effective date of this act shall
submit the registration application form and fee to the commissioner within six
months of the effective date of this act.

���� (3)�� Registration fees
collected pursuant to this act shall be applied toward the enforcement and
administration costs of Division of Wage and Hour Compliance in the Department
of Labor and Workforce Development.

���� b.��� Upon receipt of the fee,
form, and documentation required by this act, the commissioner shall issue a
certificate of registration to the private contractor. �A registration
certificate shall be valid for two calendar years from the date of
registration. �Registrations shall be renewed not less than 30 days before the
expiration date of the immediately preceding registration.

���� c.���� The commissioner shall
create, maintain, and distribute an informational list of all currently
registered private contractors. �The commissioner shall prominently display the
informational list on a website maintained by the department.

���� d.��� Each private contractor
shall submit to the hiring entity the certificates of registration for all
subcontractors. �Applications for registration shall not be accepted as a
substitute for a certificate of registration for the purposes of this
subsection.

���� 6.��� a. �A private contractor
shall be guilty of a disorderly persons offense if the contractor:

���� (1)
1
[
willfully
]

knowingly
1
hinders
or delays the commissioner in the performance of the commissioner�s duties in
the enforcement of this act;

���� (2)
1
[
fails to make,
keep, and preserve any records as required under the provisions of this act;

���� (3)
]
1
falsifies any of
those records, or refuses to make any of those records accessible to the
commissioner upon demand;

����
1
[
(4)
]

(3)
1
refuses
to furnish a sworn statement of those records or any other information required
for the enforcement of this act to the commissioner upon demand;

����
1
[
(5)
]

(4)
1
has
violated State wage, benefit, and tax laws as defined in section 1 of P.L.2009,
c.194 (C.34:1A-1.11);

����
1
[
(6)
]

(5)
1
has
committed an act in another jurisdiction
1
and
failed to disclose the conviction as required in section 4 of this act
1
that
would constitute a violation of this act;

����
1
[
(7)
]

(6)
1
has
been convicted of any criminal offense committed in connection with the
performance of activities regulated under this act or any criminal offense
involving fraud, untruthfulness or dishonesty or any criminal offense relating
adversely to the registrant's fitness to perform activities regulated by this
act
1
and
failed to disclose the conviction as required in section 4 of this act
1
.� For
the purposes of this paragraph, a plea of guilty, non vult, nolo contendere or
any other similar disposition of alleged criminal activity shall be deemed a
conviction;
1
or
1

����
1
[
(8)
]

(7)
1
has
violated State or federal labor laws or executive orders, as
1
[
defined
]

required in
1
section
4 of this act
1
[
; or

���� (9) �otherwise violates any
provision of this act
]
1
.

���� b.��� As an alternative
1
or in
addition to a disorderly persons offense or administrative action
1
, the
commissioner may, after providing the private contractor with notice of any
alleged violation of this act, and at the conclusion
1
[
with an
opportunity to request
]

of
1

a hearing before the commissioner or the commissioner�s designee
1
which
upholds the finding of any alleged violation of this act
1
:

���� (1) �deny renewal, revoke or
suspend the registration of a private contractor for a period of not more than
five years; or

���� (2) �require a private
contractor, as a condition of initial or continued registration, to provide a
surety bond payable to the State.� The surety bond shall be for the benefit of
workers damaged by any failure of a private contractor to pay wages or benefits
pursuant to State wage, benefit, and tax laws, or otherwise to comply with the
provisions of this act.� The surety bond shall be in the amount and form that
the commissioner deems necessary for the protection of the private contractor's
workers, but shall not exceed $10,000 per worker.� The surety bond shall be
issued by a surety that meets the requirements of N.J.S.2A:44-143.

���� c.���� Administrative fees and
penalties may also be imposed, up to or equivalent to the levels prescribed in
section 11 of P.L.1963, c.150 (C.34:11-56.35).

���� d.��� The director may order
the immediate suspension of a private contractor�s registration, prior to a
formal hearing on the revocation of the private contractor�s registration
pursuant to subsection b. of this section, if the director determines that
ordering an immediate suspension is in the public interest and provided that
the private contractor is afforded an opportunity to contest the immediate
suspension in the following manner:

���� (1) �the director shall notify
the private contractor in writing of the immediate revocation and the private
contractor�s rights under this subsection d.;

���� (2) �the private contractor
may notify the director of its request for an opportunity to be heard and
contest the immediate suspension in writing within 72 hours of its receipt of
immediate suspension notification;

���� (3) �within seven business
days of receipt of the notification from the private contractor pursuant to
paragraph (2) of this subsection, the director shall grant the private
contractor a hearing to contest the immediate suspension.� The director shall
permit the private contractor to present evidence at the hearing;

���� (4) �the director shall issue
a written decision within five business days of the hearing either upholding or
reversing the private contractor�s immediate suspension.� The decision shall
include the grounds for upholding or reversing the private contractor�s
immediate suspension; and

���� (5) �if the private contractor
disagrees with the written decision, the private contractor may appeal the
decision to the commissioner, in accordance with the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

���� e.���� The director may impose
an immediate suspension on a private contractor as set forth in subsection d.
of this section, based upon a rebuttable presumption of an interest held in
another private contractor who has failed to comply with the terms of this act,
the �New Jersey Prevailing Wage Act,� P.L.1963, c.150 (C.34:11-56.25 et seq.),
or the �Contractors' Registration Act,� P.L.2004, c.16 (C.56:8-136 et seq.).�
This rebuttable presumption shall be based upon certain shared capacities or
characteristics with a private contractor whose registration has been
previously revoked, and shall incorporate the criteria as set forth in section
14 of P.L.1963, c.150 (C.34:11-56.38).� The director shall provide the private
contractor with a notice of intent to suspend and the private contractor may
request a hearing before the Director of the Division of Wage and Hour
Compliance within 72 hours of the receipt of the notice of intent to suspend in
order to present evidence expeditiously in support of the position that the
suspension should not be imposed.� The suspension shall not take effect prior
to the expiration of the 72-hour opportunity to request a hearing.� If such a
request is not made, the suspension shall take effect at the end of the 72-hour
period.� If such a request is made, the suspension shall take effect only after
the director conducts the hearing.

���� f.���� If the director orders
the immediate suspension of a private contractor�s registration pursuant to
subsection b. of this section, the violation shall have no effect on the
registration of any private contractor or subcontractor, regardless of tier, in
the contractual chain with the suspended private contractor.

���� Upon suspension, the
department shall contact the general contractor on any identifiable job sites
where the suspended contractor was engaged in work.� That notification shall
provide the general contractor 72 hours from the time of notification to remove
the suspended contractor from the site.� If a general contractor continues to
utilize a suspended contractor after receiving written notification from the
department, then the general contractor shall be considered to be in violation
of the act and subject to fines and penalties contained herein.

���� 7.��� The commissioner may
adopt regulations pursuant to the "Administrative Procedure Act,"
P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act.

����
1
8.�� There
is appropriated from the General Fund to the Department of Labor and Workforce
Development $1,500,000 to effectuate the purposes of this act.� This act may be
subject to additional appropriations, as identified by the department in future
years, to continue effectuating the law.
1

����
1
[
8.
]

9.
1
���� This act shall take effect on the first day of the
1
[
sixth
]

twenty-fourth
1
month following enactment,
1
[
except that the
]

provided that sufficient funds are appropriated for its implementation.� The
1
commissioner may take any anticipatory
administrative action in advance thereof as may be necessary for the
implementation of this act.