34:11-4.9 LEGISLATIVE HISTORY CHECKLIST Compiled by the NJ State Law Library LAWS OF: 2000 CHAPTER: 14 NJSA: 34:11-4.9 (Wages—reciprocal agreements) BILL NO: S28 (Substituted for A555) SPONSOR(S): Kavanaugh and McNamara DATE INTRODUCED: Pre-filed COMMITTEE: ASSEMBLY: Labor SENATE: Commerce AMENDED DURING PASSAGE: No DATE OF PASSAGE: ASSEMBLY: March 16, 2000 SENATE: February 7, 2000 DATE OF APPROVAL: April 24, 2000 FOLLOWING ARE ATTACHED IF AVAILABLE: FINAL TEXT OF BILL: Original S28 SPONSORS STATEMENT: (Begins on page 3 of original bill) Yes COMMITTEE STATEMENT: ASSEMBLY: Yes SENATE: Yes FLOOR AMENDMENT STATEMENTS: No LEGISLATIVE FISCAL ESTIMATE: No A555 SPONSORS STATEMENT: (Begins on page 3 of original bill) Yes Bill and Sponsors Statement identical to S28 COMMITTEE STATEMENT: ASSEMBLY: Yes Identical to Assembly Statement for S28 SENATE: No FLOOR AMENDMENT STATEMENTS: No LEGISLATIVE FISCAL ESTIMATE: Yes VETO MESSAGE: No GOVERNOR’S PRESS RELEASE ON SIGNING: Yes FOLLOWING WERE PRINTED: To check for circulating copies, contact New Jersey State Government Publications at the State Library (609) 278-2640 ext.103 or mailto:refdesk@njstatelib.org REPORTS: No HEARINGS: No NEWSPAPER ARTICLES: No SENATE, No. 28 STATE OF NEW JERSEY 209th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2000 SESSION Sponsored by: Senator WALTER J. KAVANAUGH District 16 (Morris and Somerset) Senator HENRY P. MCNAMARA District 40 (Bergen and Passaic) Co-Sponsored by: Senator Singer SYNOPSIS Authorizes reciprocal agreements with other states for wage collection. CURRENT VERSION OF TEXT Introduced Pending Technical Review by Legislative Counsel. S28 KAVANAUGH, McNAMARA 2 1 AN ACT concerning reciprocal agreements with other states for 2 collection of wages in those states and amending P.L.1965, c.173. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. Section 9 of P.L.1965, c.173 (C.34:11-4.9) is amended to read 8 as follows: 9 9. a. The commissioner shall enforce and administer the provisions 10 of this act and the commissioner or his authorized representatives are 11 empowered to investigate charges of violations of this act. 12 b. The commissioner or his authorized representatives are 13 empowered to enter and inspect such places, question such employees 14 and investigate such facts, conditions or matters as they may deem 15 appropriate to determine whether any person has violated any 16 provision of this act or any rule or regulation issued hereunder or 17 which may aid in the enforcement of the provisions of this act. 18 c. The commissioner or his authorized representatives shall have 19 power to administer oaths and examine witnesses under oath, issue 20 subpoenas, compel the attendance of witnesses, and the production of 21 papers, books, accounts, records, payrolls, documents, and testimony, 22 and to take depositions and affidavits in any proceeding before the 23 commissioner. 24 d. If a person fails to comply with any subpoena lawfully issued, or 25 on the refusal of any witness to testify to any matter regarding which 26 he may be lawfully interrogated, it shall be the duty of the Superior 27 Court, on application by the commissioner, to compel obedience by 28 proceedings for contempt, as in the case of disobedience of the 29 requirements of a subpoena issued from such court or a refusal to 30 testify therein. 31 e. The commissioner is authorized to supervise the payment of 32 amounts due to employees pursuant to Article 1 of chapter 11 of Title 33 34 of the Revised Statutes, and the employer may be required to make 34 these payments to the commissioner to be held in a special account in 35 trust for the employees, and paid on order of the commissioner directly 36 to the employee or employees affected. The employer shall also pay 37 the commissioner an administrative fee equal to not less than 10% or 38 more than 25% of any payment made to the commissioner pursuant to 39 this section. The amount of the administrative fee shall be specified in 40 a schedule of fees to be promulgated by rule or regulation of the 41 commissioner in accordance with the "Administrative Procedure Act," 42 P.L.1968, c.410 (C.52:14B-1 et seq.). The fee shall be applied to 43 enforcement and administration costs of the Division of Workplace EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and intended to be omitted in the law. Matter underlined thus is new matter. S28 KAVANAUGH, McNAMARA 3 1 Standards in the Department of Labor. 2 f. The commissioner or his designee is authorized to enter into a 3 reciprocal agreement with the labor department or other corresponding 4 agency of any other state or with a person or body authorized to act 5 on behalf of that agency, for the collection of claims and judgments for 6 wages, administrative fees or penalties based on claims arising in each 7 others' states. 8 To the extent provided for by the laws of the other state or by any 9 reciprocal agreement entered into with an agency of the other state as 10 provided in this subsection, the commissioner or his designee may: (1) 11 maintain actions in the courts of the other state for the collection of 12 claims and judgments for wages, administrative fees and penalties; and 13 (2) assign the claims and judgments to the agency in the other state for 14 collection. 15 Upon the written consent of the agency in the other state, or the 16 person or body authorized to act on behalf of that agency, the 17 commissioner or his designee may maintain actions in the courts of this 18 State upon assigned claims and judgments for wages, administrative 19 fees and penalties arising in the other state in the same manner and to 20 the same extent that such actions by the commissioner or his designees 21 are authorized when arising in this State, but only if the other state 22 extends, by law or agreement, a like comity to cases arising in this 23 State. 24 (cf: P.L.1991, c.205, s.2) 25 26 2. This act shall take effect immediately. 27 28 29 STATEMENT 30 31 This bill authorizes the State Commissioner of Labor to enter into 32 reciprocal agreements with the labor department or other 33 corresponding agency of any state for the collection of claims and 34 judgments for wages, administrative fees or penalties based on claims 35 arising in each others' states. 36 To the extent provided for by the laws of the other state or by any 37 reciprocal agreement entered into with an agency of the other state as 38 provided in the bill, the commissioner or his designee may: maintain 39 actions in the courts of the other state for the collection of claims and 40 judgments arising in this State for wages, administrative fees and 41 penalties; and assign the claims and judgments to the agency in the 42 other state for collection. 43 Upon the written consent of the agency in the other state, the 44 commissioner may maintain actions in the courts of this State upon 45 assigned claims and judgments for wages, administrative fees and 46 penalties arising in the other state in the same manner and to the same S28 KAVANAUGH, McNAMARA 4 1 extent that such actions are authorized when arising in this State, but 2 only if the other state extends, by law or agreement, a like comity to 3 cases arising in this State. SENATE COMMERCE COMMITTEE STATEMENT TO SENATE, No. 28 STATE OF NEW JERSEY DATED: JANUARY 31, 2000 The Senate Commerce Committee reports favorably Senate Bill No. 28. This bill authorizes the State Commissioner of Labor to enter into reciprocal agreements with the labor department or other corresponding agency of any state for the collection of claims and judgments for wages, administrative fees and penalties based on claims arising in each others' states. To the extent provided for by the laws of the other state or by any reciprocal agreement entered into with an agency of the other state as provided in the bill, the commissioner or his designee may: maintain actions in the courts of the other state for the collection of claims and judgments arising in this State for wages, administrative fees and penalties; and assign the claims and judgments to the agency in the other state for collection. Upon the written consent of the agency in the other state, the commissioner may maintain actions in the courts of this State upon assigned claims and judgments for wages, administrative fees and penalties arising in the other state in the same manner and to the same extent that such actions are authorized when arising in this State, but only if the other state extends, by law or agreement, a like comity to cases arising in this State. This bill was pre-filed for introduction in the 2000 session pending technical review. As reported, the bill includes the changes required by technical review, which has been performed. ASSEMBLY LABOR COMMITTEE STATEMENT TO SENATE, No. 28 STATE OF NEW JERSEY DATED: FEBRUARY 28, 2000 The Assembly Labor Committee reports favorably Senate Bill No. 28. This bill authorizes the State Commissioner of Labor to enter into reciprocal agreements with the labor department or other corresponding agency of any state for the collection of claims and judgments for wages, administrative fees and penalties based on claims arising in each others' states. To the extent provided for by the laws of the other state or by any reciprocal agreement entered into with an agency of the other state as provided in the bill, the commissioner or his designee may: maintain actions in the courts of the other state for the collection of claims and judgments arising in this State for wages, administrative fees and penalties; and assign the claims and judgments to the agency in the other state for collection. Upon the written consent of the agency in the other state, the commissioner may maintain actions in the courts of this State upon assigned claims and judgments for wages, administrative fees and penalties arising in the other state in the same manner and to the same extent that such actions are authorized when arising in this State, but only if the other state extends, by law or agreement, a like comity to cases arising in this State. SENATE, No. 28 STATE OF NEW JERSEY 209th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2000 SESSION Sponsored by: Senator WALTER J. KAVANAUGH District 16 (Morris and Somerset) Senator HENRY P. MCNAMARA District 40 (Bergen and Passaic) Co-Sponsored by: Senator Singer, Assemblymen LeFevre, Geist and Assemblywoman Heck SYNOPSIS Authorizes reciprocal agreements with other states for wage collection. CURRENT VERSION OF TEXT As reported by the Senate Commerce Committee with technical review. (Sponsorship Updated As Of: 3/17/2000) S28 KAVANAUGH, McNAMARA 2 1 AN ACT concerning reciprocal agreements with other states for 2 collection of wages in those states and amending P.L.1965, c.173. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. Section 9 of P.L.1965, c.173 (C.34:11-4.9) is amended to read 8 as follows: 9 9. a. The commissioner shall enforce and administer the provisions 10 of this act and the commissioner or his authorized representatives are 11 empowered to investigate charges of violations of this act. 12 b. The commissioner or his authorized representatives are 13 empowered to enter and inspect such places, question such employees 14 and investigate such facts, conditions or matters as they may deem 15 appropriate to determine whether any person has violated any 16 provision of this act or any rule or regulation issued hereunder or 17 which may aid in the enforcement of the provisions of this act. 18 c. The commissioner or his authorized representatives shall have 19 power to administer oaths and examine witnesses under oath, issue 20 subpoenas, compel the attendance of witnesses, and the production of 21 papers, books, accounts, records, payrolls, documents, and testimony, 22 and to take depositions and affidavits in any proceeding before the 23 commissioner. 24 d. If a person fails to comply with any subpoena lawfully issued, or 25 on the refusal of any witness to testify to any matter regarding which 26 he may be lawfully interrogated, it shall be the duty of the Superior 27 Court, on application by the commissioner, to compel obedience by 28 proceedings for contempt, as in the case of disobedience of the 29 requirements of a subpoena issued from such court or a refusal to 30 testify therein. 31 e. The commissioner is authorized to supervise the payment of 32 amounts due to employees pursuant to Article 1 of chapter 11 of Title 33 34 of the Revised Statutes, and the employer may be required to make 34 these payments to the commissioner to be held in a special account in 35 trust for the employees, and paid on order of the commissioner directly 36 to the employee or employees affected. The employer shall also pay 37 the commissioner an administrative fee equal to not less than 10% or 38 more than 25% of any payment made to the commissioner pursuant to 39 this section. The amount of the administrative fee shall be specified in 40 a schedule of fees to be promulgated by rule or regulation of the 41 commissioner in accordance with the "Administrative Procedure Act," 42 P.L.1968, c.410 (C.52:14B-1 et seq.). The fee shall be applied to 43 enforcement and administration costs of the Division of Workplace EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and intended to be omitted in the law. Matter underlined thus is new matter. S28 KAVANAUGH, McNAMARA 3 1 Standards in the Department of Labor. 2 f. The commissioner or his designee is authorized to enter into a 3 reciprocal agreement with the labor department or other corresponding 4 agency of any other state or with a person or body authorized to act 5 on behalf of that agency, for the collection of claims and judgments for 6 wages, administrative fees or penalties based on claims arising in each 7 others' states. 8 To the extent provided for by the laws of the other state or by any 9 reciprocal agreement entered into with an agency of the other state as 10 provided in this subsection, the commissioner or his designee may: (1) 11 maintain actions in the courts of the other state for the collection of 12 claims and judgments for wages, administrative fees and penalties; and 13 (2) assign the claims and judgments to the agency in the other state for 14 collection. 15 Upon the written consent of the agency in the other state, or the 16 person or body authorized to act on behalf of that agency, the 17 commissioner or his designee may maintain actions in the courts of this 18 State upon assigned claims and judgments for wages, administrative 19 fees and penalties arising in the other state in the same manner and to 20 the same extent that such actions by the commissioner or his designees 21 are authorized when arising in this State, but only if the other state 22 extends, by law or agreement, a like comity to cases arising in this 23 State. 24 (cf: P.L.1991, c.205, s.2) 25 26 2. This act shall take effect immediately. P.L. 2000, CHAPTER 14, approved April 24, 2000 Senate, No. 28 1 AN ACT concerning reciprocal agreements with other states for 2 collection of wages in those states and amending P.L.1965, c.173. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. Section 9 of P.L.1965, c.173 (C.34:11-4.9) is amended to read 8 as follows: 9 9. a. The commissioner shall enforce and administer the provisions 10 of this act and the commissioner or his authorized representatives are 11 empowered to investigate charges of violations of this act. 12 b. The commissioner or his authorized representatives are 13 empowered to enter and inspect such places, question such employees 14 and investigate such facts, conditions or matters as they may deem 15 appropriate to determine whether any person has violated any 16 provision of this act or any rule or regulation issued hereunder or 17 which may aid in the enforcement of the provisions of this act. 18 c. The commissioner or his authorized representatives shall have 19 power to administer oaths and examine witnesses under oath, issue 20 subpoenas, compel the attendance of witnesses, and the production of 21 papers, books, accounts, records, payrolls, documents, and testimony, 22 and to take depositions and affidavits in any proceeding before the 23 commissioner. 24 d. If a person fails to comply with any subpoena lawfully issued, or 25 on the refusal of any witness to testify to any matter regarding which 26 he may be lawfully interrogated, it shall be the duty of the Superior 27 Court, on application by the commissioner, to compel obedience by 28 proceedings for contempt, as in the case of disobedience of the 29 requirements of a subpoena issued from such court or a refusal to 30 testify therein. 31 e. The commissioner is authorized to supervise the payment of 32 amounts due to employees pursuant to Article 1 of chapter 11 of Title 33 34 of the Revised Statutes, and the employer may be required to make 34 these payments to the commissioner to be held in a special account in 35 trust for the employees, and paid on order of the commissioner directly 36 to the employee or employees affected. The employer shall also pay 37 the commissioner an administrative fee equal to not less than 10% or 38 more than 25% of any payment made to the commissioner pursuant to 39 this section. The amount of the administrative fee shall be specified in 40 a schedule of fees to be promulgated by rule or regulation of the 41 commissioner in accordance with the "Administrative Procedure Act," EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and intended to be omitted in the law. Matter underlined thus is new matter. S28 2 1 P.L.1968, c.410 (C.52:14B-1 et seq.). The fee shall be applied to 2 enforcement and administration costs of the Division of Workplace 3 Standards in the Department of Labor. 4 f. The commissioner or his designee is authorized to enter into a 5 reciprocal agreement with the labor department or other corresponding 6 agency of any other state or with a person or body authorized to act 7 on behalf of that agency, for the collection of claims and judgments for 8 wages, administrative fees or penalties based on claims arising in each 9 others' states. 10 To the extent provided for by the laws of the other state or by any 11 reciprocal agreement entered into with an agency of the other state as 12 provided in this subsection, the commissioner or his designee may: (1) 13 maintain actions in the courts of the other state for the collection of 14 claims and judgments for wages, administrative fees and penalties; and 15 (2) assign the claims and judgments to the agency in the other state for 16 collection. 17 Upon the written consent of the agency in the other state, or the 18 person or body authorized to act on behalf of that agency, the 19 commissioner or his designee may maintain actions in the courts of this 20 State upon assigned claims and judgments for wages, administrative 21 fees and penalties arising in the other state in the same manner and to 22 the same extent that such actions by the commissioner or his designees 23 are authorized when arising in this State, but only if the other state 24 extends, by law or agreement, a like comity to cases arising in this 25 State. 26 (cf: P.L.1991, c.205, s.2) 27 28 2. This act shall take effect immediately. 29 30 31 32 33 Authorizes reciprocal agreements with other states for wage 34 collection. CHAPTER 14 AN ACT concerning reciprocal agreements with other states for collection of wages in those states and amending P.L.1965, c.173. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. Section 9 of P.L.1965, c.173 (C.34:11-4.9) is amended to read as follows: C.34:11-4.9 Duties of commissioner. 9. a. The commissioner shall enforce and administer the provisions of this act and the commissioner or his authorized representatives are empowered to investigate charges of violations of this act. b. The commissioner or his authorized representatives are empowered to enter and inspect such places, question such employees and investigate such facts, conditions or matters as they may deem appropriate to determine whether any person has violated any provision of this act or any rule or regulation issued hereunder or which may aid in the enforcement of the provisions of this act. c. The commissioner or his authorized representatives shall have power to administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses, and the production of papers, books, accounts, records, payrolls, documents, and testimony, and to take depositions and affidavits in any proceeding before the commissioner. d. If a person fails to comply with any subpoena lawfully issued, or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, it shall be the duty of the Superior Court, on application by the commissioner, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. e. The commissioner is authorized to supervise the payment of amounts due to employees pursuant to Article 1 of chapter 11 of Title 34 of the Revised Statutes, and the employer may be required to make these payments to the commissioner to be held in a special account in trust for the employees, and paid on order of the commissioner directly to the employee or employees affected. The employer shall also pay the commissioner an administrative fee equal to not less than 10% or more than 25% of any payment made to the commissioner pursuant to this section. The amount of the administrative fee shall be specified in a schedule of fees to be promulgated by rule or regulation of the commissioner in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The fee shall be applied to enforcement and administration costs of the Division of Workplace Standards in the Department of Labor. f. The commissioner or his designee is authorized to enter into a reciprocal agreement with the labor department or other corresponding agency of any other state or with a person or body authorized to act on behalf of that agency, for the collection of claims and judgments for wages, administrative fees or penalties based on claims arising in each others' states. To the extent provided for by the laws of the other state or by any reciprocal agreement entered into with an agency of the other state as provided in this subsection, the commissioner or his designee may: (1) maintain actions in the courts of the other state for the collection of claims and judgments for wages, administrative fees and penalties; and (2) assign the claims and judgments to the agency in the other state for collection. Upon the written consent of the agency in the other state, or the person or body authorized to act on behalf of that agency, the commissioner or his designee may maintain actions in the courts of this State upon assigned claims and judgments for wages, administrative fees and penalties arising in the other state in the same manner and to the same extent that such actions by the commissioner or his designees are authorized when arising in this State, but only if the other state extends, by law or agreement, a like comity to cases arising in this State. 2. This act shall take effect immediately. Approved April 24, 2000. PO BOX 004 TRENTON, NJ 08625 Office of the Governor CONTACT: Gene Herman NEWS RELEASE 609-777-2600 RELEASE: April 24, 2000 Gov. Christie Whitman today signed the following pieces of legislation: A-1654, amends previous law by adding additional offenses that disqualify a person from obtaining courtesy, personalized or special organization license plates. The bill also eases the restrictions on obtaining personalized or special organization license plates. Under previous law, a person who has been convicted of death by auto, drunk driving or reckless driving was prohibited from obtaining courtesy, personalized or special organization license plates, regardless of when the person was convicted of the offense. The legislation supplements previous law by adding two disqualifying offenses: (1) a conviction for refusing to take a breathalyzer test; and (2) a conviction for an offense in another jurisdiction that is substantially similar in nature to drunk driving, reckless driving or refusing to take a breathalyzer test. The bill eases the restrictions on the issuance of personalized and special organization license plates by allowing a person who has been convicted of drunk driving, reckless driving, refusing to take a breathalyzer test or a substantially similar offense in another jurisdiction to obtain such a license plate if the conviction occurred more than ten years ago. Under previous law, the restriction carried a lifetime disqualification. The bill does not ease the lifetime disqualification accorded a death by auto conviction. The legislation was sponsored by Assembly Members Nicholas Asselta (R-Cape May/Atlantic/ Cumberland) and John C. Gibson (R-Cape May/Atlantic/Cumberland) and Senators James S. Cafiero (R-Cape May/Atlantic/Cumberland) and Donald T. DiFrancesco (R-Middlesex/Morris/ Somerset/Union). S-28, amends previous law and authorizes the Commissioner of Labor to enter into reciprocal agreements with the labor departments or corresponding agencies of other states to collect claims, judgments for outstanding wages, or other administrative fees and penalties due under wage and hour laws. Such agreements will allow the Commissioner to bring lawsuits in the courts of other states and assign the collection of claims and judgements to appropriate agencies in other states. Similarly, other states that have entered into reciprocal agreements could file lawsuits and seek collection in New Jersey. The legislation was sponsored by Senators Walter J. Kavanaugh (R-Morris/Somerset) and Henry P. McNamara (R-Bergen/Passaic) and Assembly Members Kenneth C. LeFevre (R-Atlantic) and George F. Geist (R-Camden/Gloucester).