Bill Text: NJ S2431 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes certain equal employment opportunity requirements in connection with expenditure of federal funds received for Hurricane Sandy relief and for any future emergencies.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-01-08 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S2431 Detail]
Download: New_Jersey-2012-S2431-Introduced.html
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Establishes certain equal employment opportunity requirements in connection with expenditure of federal funds received for Hurricane Sandy relief and for any future emergencies.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing certain equal employment opportunity requirements in connection with the expenditure of federal funds received for Hurricane Sandy relief and for any future emergencies, and amending P.L.2009, c.335.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2009, c.335 (C.52:40-1) is amended to read as follows:
1. a. The Legislature finds and declares that all members of the public should be afforded the opportunity to benefit from the federal economic recovery funds provided through the American Recovery and Reinvestment Act of 2009, any federal funds received by this State for the relief of damages caused by Hurricane Sandy, any other federal emergency funds received by this State after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and associated State spending, and every public contract, whether for construction services, goods, or other services, should provide equal employment opportunities for women and minorities.
b. There is created in the State Department of the Treasury a Division of Public Contracts Equal Employment Opportunity Compliance. The division, or any successor thereto, shall be responsible for implementing and administering P.L.2009, c.335 (C.52:40-1 et seq.), as amended.
(cf: P.L.2009, c.335, s.1)
2. Section 2 of P.L.2009, c.335 (C.52:40-2) is amended to read as follows:
2. For the purposes of this act, P.L.2009, c.335 (C.52:40-1 et seq.):
["ARRA"] "Federal emergency funds" means federal funds received by this State:
through the federal American Recovery and Reinvestment Act of 2009;
for the relief of damages caused by Hurricane Sandy; and
includes any other federal funds for the purpose of addressing an emergency received by this State after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill); and
"Reporting agencies" means the State entities whose performance is monitored by the Division of Public Contracts Equal Employment Opportunity Compliance in the Department of the Treasury.
(cf: P.L.2009, c.335, s.2).
3. Section 3 of P.L.2009, c.335 (C.52:40-3) is amended to read as follows:
3. The Commissioners of the Departments of Community Affairs, Education, Environmental Protection, and Transportation, or their designees; the President of the Board of Public Utilities, or a designee; and the Chief Executive Officers of the Schools Development Authority and the Economic Development Authority, or their designees, shall meet with representatives of the Governor's office, the Department of the Treasury, and the United States Department of Labor's Office of Federal Contract Compliance Programs to ensure that those departments receiving the bulk of federal [economic recovery] emergency funds provide the United States Department of Labor's Office of Federal Contract Compliance Programs their complete cooperation in complying with its mandates.
(cf: P.L.2009, c.335, s.3)
4. Section 7 of P.L.2009, c.335 (C.52:40-7) is amended to read as follows:
7. All construction contracts entered into and funded, in whole or in part, by the State shall include mandatory equal employment opportunity and affirmative action contract language that requires contractors to make a good faith effort to recruit and employ minorities and women as required by [the provisions of the regulations promulgated in the New Jersey Administrative Code, including but not limited to N.J.A.C.17:27-3.6 to 3.8, and 17:27-7.3 and 7.4] law or regulation. As to the portion of each contract that is State funded, the language of the contract shall provide that payment may be withheld for failure of the contractor to demonstrate to the satisfaction of the reporting agency that the required good faith effort was made. Failure of a contractor to satisfy the good faith effort requirement of its contract may also subject it to assessments imposed pursuant to findings of the Division of Public Contracts Equal Employment Opportunity Compliance, in accordance with administrative [regulation N.J.A.C. 17:27-10] law or regulation.
(cf: P.L.2009, c.335, s.7)
5. Section 8 of P.L.2009, c.335 (C.52:40-8) is amended to read as follows:
8. Except as described in subsections a. and b. of this section, each Executive Branch agency that is a recipient of federal [economic recovery] emergency funds [pursuant to the American Recovery and Reinvestment Act of 2009] shall include in any contract, grant, or agreement funded in whole or in part with those funds [from the American Recovery and Reinvestment Act of 2009] a clause requiring subrecipients, contractors, subcontractors, local education agencies, and vendors to post all job openings created pursuant to the contract, grant, or agreement on the State's Job Bank at least 14 days before hiring is to commence. The clause shall state: "Since the funds supporting this contract, grant, or agreement are provided through [the American Recovery and Reinvestment Act of 2009 (ARRA)] federal emergency funds, the subrecipient, contractor, subcontractor, local education agency, or vendor will post any jobs that it creates or seeks to fill as a result of this contract, grant, or agreement. The subrecipient, contractor, subcontractor, local education agency, or vendor shall post jobs to the New Jersey State Job Bank by submitting a job order using the form available on the Internet, notwithstanding any other posting the subrecipient, contractor, subcontractor, local education agency, or vendor might make. Any advertisements posted by the subrecipient, contractor, subcontractor, local education agency, or vendor for positions pursuant to this contract, grant, or agreement must indicate that the position is funded with [ARRA funds] federal emergency funds."
a. Posting shall not be required when the employer intends to fill the job opening with a present employee, a laid-off former employee, or a job candidate from a previous recruitment, when pre-existing, legally binding collective bargaining agreements provide otherwise, or when an exception has been granted to the reporting agency by the Department of Labor and Workforce Development.
b. Nothing in this act, P.L.2009, c.335 (C.52:40-1 et seq.), shall be interpreted to require the employment of apprentices if such employment may result in the displacement of journey workers employed by any employer, contractor or subcontractor.
(cf: P.L.2009, c.335, s.8)
6. Section 9 of P.L.2009, c.335 (C.52:40-9) is amended to read as follows:
9. All local government entities and local education agencies that have received or will receive directly from a federal agency federal [economic recovery] emergency funds are encouraged but not mandated to require their contractors and subcontractors to post job openings on the State's Job Bank at least 14 days before hiring is to commence.
All New Jersey employers that enter into contracts funded with federal emergency funds [from the American Recovery and Reinvestment Act of 2009] received by a local government entity or a local education agency directly from a federal agency are encouraged but not mandated to post job openings created [pursuant to the American Recovery and Reinvestment Act of 2009] thereby.
(cf: P.L.2009, c.335, s.9)
7. Section 15 of P.L.2009, c.335 (C.52:40-15) is amended to read as follows:
15. The Department of Labor and Workforce Development shall work together with all other reporting agencies that will receive [funding from the American Recovery and Reinvestment Act of 2009] federal emergency funds and with the representatives of the United States Environmental Protection Agency, the Federal Departments of Labor, Energy, Transportation, and Housing and Urban Development, and any other federal agencies distributing federal emergency funds [from the American Recovery and Reinvestment Act of 2009] to:
a. Coordinate with labor unions that will aggressively recruit minorities and women for apprenticeships and training opportunities;
b. Increase outreach to and enrollment of minorities and women in apprenticeship, training, and related programs; and
c. Ensure that, to the greatest extent possible under the law, minorities and women apprentices and trainees are working on State [and ARRA-funded] work sites and work sites funded by federal emergency funds.
(cf: P.L.2009, c.335, s.15)
8. Section 17 of P.L.2009, c.335 (C.52:40-17) is amended to read as follows:
17. Nothing in P.L.2009, c.335 (C.52:40-1 et seq.) shall modify existing law, State or federal, or authorize a reporting agency to amend, modify, or otherwise alter pre-existing legal obligations. P.L.2009, c.335 (C.52:40-1 et seq.) shall be interpreted consistently with [the American Recovery and Reinvestment Act of 2009] federal law governing the use of federal emergency funds, and the federal regulations and guidelines governing its implementation, and in the event of a conflict between P.L.2009, c.335 (C.52:40-1 et seq.) and federal law [governing the American Recovery and Reinvestment Act of 2009] , P.L.2009, c.335 (C.52:40-1 et seq.) shall be interpreted to comply with federal law.
(cf: P.L.2009, c.335, s.17)
9. This act shall take effect immediately.
STATEMENT
P.L.2009, c.335 was enacted in 2009 to ensure that women and minorities in this State received equal employment opportunities with respect to the expenditure of economic recovery funds provided to New Jersey through the federal American Recovery and Reinvestment Act. This bill would amend the current law to provide that its provisions will also apply to the use of federal funds received by this State for the relief of damages caused by Hurricane Sandy and to any other federal emergency funds received after the bill's effective date. The bill also expressly establishes the Division of Public Contracts Equal Employment Opportunity Compliance in the State Department of the Treasury and provides that the division, or any successor thereto, will be responsible for implementing and administering P.L.2009, c.335, as amended.
