ASSEMBLY, No. 4374

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED MAY 16, 2024

 


 

Sponsored by:

Assemblywoman  LINDA S. CARTER

District 22 (Somerset and Union)

Assemblywoman  ELLEN J. PARK

District 37 (Bergen)

Assemblywoman  VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

 

Co-Sponsored by:

Assemblymen Miller and Hutchison

 

 

 

 

SYNOPSIS

     Establishes criminal penalties for certain violations of the “New Jersey Prevailing Wage Act.”

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act establishing criminal penalties for certain violations of the “New Jersey Prevailing Wage Act” and supplementing Title 2C of the New Jersey Statutes.

 

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

 

     1.    a.  It shall be a crime of the fourth degree for an employer to:

     (1)   knowingly falsify a certified payroll record or other record required pursuant to the provisions of the “New Jersey Prevailing Wage Act,” P.L.1963, c.150 (C.34:11-56.25 et seq.); or

     (2)   willfully make, or cause to be made, a false, deceptive, or fraudulent statement on a public works contractor registration form in connection with the requirements pursuant to section 5 of P.L.1999, c.238 (C.34:11-56.52).

     b.    A county prosecutor or the Commissioner of Labor and Workforce Development, as appropriate, shall notify the Attorney General that a violation of this section has occurred so that the Attorney General may make a determination regarding whether to exercise the authority granted to the Attorney General pursuant to section 10 of P.L.1970, c.74 (C.52:17B-106) to supersede a county prosecutor for the purpose of prosecuting or investigating the violation or, if appropriate, to refer the case to the county prosecutor for investigation and prosecution or other appropriate legal action.

     c.     A penalty imposed pursuant to this section shall be in addition to any other penalty that may be imposed in connection with the offense.

 

     2.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill establishes criminal penalties for certain violations of the New Jersey Prevailing Wage Act. 

     The “New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), establishes penalties for certain fraudulent acts of an employer who is subject to the provisions of the act, including falsifying a record required under the provisions of the New Jersey Prevailing Wage Act; or willfully making, or causing to be made, a false, deceptive or fraudulent statement on the public works contractor registration form required under current law.  A person who commits a violation under current law is guilty of a disorderly persons offense, is subject to penalties which include a fine of between $2,500 and $25,000, and is disqualified from bidding on or engaging in public work for a period of up to three years. 

     This bill provides that a person who commits a violation also is guilty of a crime of the fourth degree under the Title 2C, the Criminal Code.  A crime of the fourth degree is punishable by a fine of up to $10,000, a term of imprisonment of up to 18 months, or both.

     The bill further provides that a county prosecutor or the Commissioner of Labor and Workforce Development, as appropriate, is required to notify the Attorney General that a violation under the bill has occurred so that the Attorney General may make a determination regarding whether to exercise the authority granted to the Attorney General pursuant to the “Criminal Justice Act of 1970” to supersede a county prosecutor for the purpose of prosecuting or investigating the violation or, if appropriate, to refer the case to the county prosecutor for investigation and prosecution or other appropriate legal action.