Bill Text: NJ S2521 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires contractors to provide Department of the Treasury with employment information about contracts with public bodies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-12-09 - Introduced in the Senate, Referred to Senate Labor Committee [S2521 Detail]
Download: New_Jersey-2010-S2521-Introduced.html
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Requires contractors to provide Department of the Treasury with employment information about contracts with public bodies.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain State contracting requirements and supplementing P.L.1954, c.48 (C.52:34-6 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. For the purposes of this act:
"Contract" means any agreement under which a contractor or any subcontractor of the contractor employs one or more workers to perform work or produce goods for, or furnish services to, a public body.
"Contractor" means any nongovernmental person, business or other entity which enters into a contract with a public body.
"Public body" means the State of New Jersey, any agency or instrumentality of the State or any authority created by the Legislature, including any political subdivision of the State.
"Public funds" means any funds expended by a public body, regardless of the source of the funds.
"Subcontractor" means any nongovernmental person, business or other entity which is a subcontractor of a contractor in connection with a contract between the contractor and a public body , except that, in the case of a contract primarily to furnish services to the public body, "subcontractor" shall not include any subcontractor providing materials or supplies used by the contractor in furnishing the services.
2. Any contractor who enters into a contract with a public body paid from public funds, except for a contract for public work which is subject to the provisions of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), shall submit to the Director of the Division of Purchase and Property in the Department of the Treasury a report of the following information:
a. The total dollar amount of the contract;
b. The start date and anticipated end date of the contract;
c. A description of the goods or services provided under the contract and any subcontract, in categories which include, but are not limited to, design services, information services, cleaning services, printing services, food services, communications services, office supplies, equipment maintenance supplies and fuel supplies;
d. The name and principal office address of the contractor, any parent company of the contractor, and all subcontractors of the contractor engaged directly in producing the goods or services provided under the contract who are not single individuals, specifying which are located in other states and which are located outside of the United States; and
e. The address of each location where the work is to be performed by the contractor or any subcontractor, with the total number of full-time equivalent positions of individuals engaged directly in producing the goods or services provided under the contract at each location, specifying which locations are in other states and which are outside of the United States, except that in cases where not more than one full-time equivalent position's worth of work is done in each of one or more locations, the full-time equivalent positions may be reported at the principal office address of the contractor or subcontractor. The contractor may report a number of full-time equivalent positions pursuant to this section based on what the share of the contractor's revenues from the contract is of the contractor's total revenues from furnishing the services to all customers, if the portion of the personnel directly involved in furnishing the services under the contract is not clearly distinguishable from personnel furnishing that service to parties not under the contract.
The information shall be reported by the contractor using the form provided pursuant to regulation adopted by the State Treasurer, not more than 90 days after the end of any State fiscal year during which workers are employed in connection with the contract, beginning with the first fiscal year which commences after the effective date of this act, and shall include the information required pursuant to this section for that State fiscal year, and an estimate of the required information for the following State fiscal year if the work will be continuing into that following fiscal year. The reporting requirements of this section shall apply only to a contractor who has been awarded a contract, shall only apply after the award is made, shall not apply to any person bidding or otherwise seeking a contract prior to an award being made, and shall not apply to employees of the contractor or subcontractor who are not engaged directly in producing the goods or services provided under the contract or to work locations other than those where the production of the goods or services occurs.
3. The Director of the Division of Purchase and Property in the Department of the Treasury shall:
a. Issue an annual report to the Legislature summarizing the information submitted by contractors pursuant to section 2 of this act;
b. Provide, for inclusion as part of the State budget request of the Governor, data for each State department and political subdivision, by major funding source, on the amount expended on contracts and the number of full-time equivalent positions of individuals whose employment by, or work with, contractors and subcontractors is supported by public funds, which shall be displayed in the budget request as "privatized filled positions," with the number of those positions located: in the State; in other States; and outside of the United States; and
c. Produce, regularly update and make available to the public, by means including posting on the Internet, a list of all reports submitted by contractors pursuant to section 2 of this act. The reports shall be available to the public on the Internet and at a single location for review and copying at cost.
4. The State Treasurer, in consultation with the Commissioner of Labor and Workforce Development, and the Commissioner of Community Affairs, shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as needed to implement the provisions of this act, which shall include rules and regulations regarding the forms on which contractors will provide that information required by this act, and clear explanations of all categories, classifications and information required in the forms. The regulations regarding the reporting requirements of this act shall, to the extent possible, be designed to minimize duplicative reporting requirements by permitting public bodies and contractors to make consolidated use of information which a contractor is required to report under this act and under other laws.
5. This act shall take effect immediately.
STATEMENT
This bill directs the State and its political subdivisions to monitor and report on their contracts for the acquisition of goods and services, with special attention to the number of workers employed in producing the goods and services and how many of them are employed in other states and outside of the United States.
The bill requires each State contractor to provide the following information about each contract, other than a public works contract, to the Director of the Division of Purchase and Property in the Department of the Treasury: the total dollar amount of the contract and any subcontract; the start and anticipated end dates of the contract; a description of the goods or services provided under the contract; the name and principal office address of the contractor, any parent company of the contractor and all subcontractors of the contractor; and all work locations under the contract, with the number of full-time equivalent workers at each location, specifying which are located in other states and which are located outside of the United States. Contractors, who provide not more than one full-time equivalent position's worth of work at a location, are permitted to report the principal office address of the contractor or subcontractor instead of the address of the work location.
The bill also requires the Director of the Division of Purchase and Property in the Department of the Treasury to:
1. Submit an annual report to the Legislature summarizing the information submitted by contractors;
2. Provide, for inclusion as part of the Governor's budget request, data for each State department and political subdivision, by major funding source, on the amount expended on contracts and the number of workers whose employment by contractors is supported by public funds, to be displayed in the budget as "privatized filled positions," with the number of those workers located in the State, in other states and outside of the United States; and
3. Make public an up-to-date list of all reports submitted by contractors pursuant to the substitute.
This bill is based on a recommendation adopted by a unanimous vote of the Assembly Outsourcing and Off-Shoring Commission, which was comprised of members of the General Assembly and representatives of business and labor, and established by the General Assembly to study the impact of outsourcing and off-shoring in the public and private sectors and its impact employment in the State. That recommendation was based on a major commission finding that there is a serious lack of information available needed to ascertain the employment impacts of State and local contracts, including data of the numbers and locations of jobs related to the contracts.
