4618_R2 L2025 c359.pdf

(Sponsorship Updated As Of: 1/12/2026)

[Second Reprint]

ASSEMBLY, No. 4618

STATE OF NEW JERSEY

221st LEGISLATURE

INTRODUCED JUNE 20, 2024

Sponsored by:

Assemblyman ANTHONY S. VERRELLI

District 15 (Hunterdon and Mercer)

Assemblywoman YVONNE LOPEZ

District 19 (Middlesex)

Assemblyman CLINTON CALABRESE

District 36 (Bergen and Passaic)

Senator NILSA I. CRUZ-PEREZ

District 5 (Camden and Gloucester)

Senator SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

Co-Sponsored by:

Assemblywomen Hall, Quijano, Sumter, Reynolds-Jackson, Assemblyman

Sampson, Assemblywoman Drulis, Assemblyman Freiman, Assemblywoman Bagolie, Senators Cryan, Gopal, Diegnan, McKnight and

Greenstein

SYNOPSIS

Requires official inspection facility employees covered by collective bargaining agreement to be offered employment following contract renewal or award of new contract; requires collective bargaining agreement to be binding in certain cases.

CURRENT VERSION OF TEXT

As amended by the Senate on December 22, 2025.

A4618 [2R] VERRELLI, LOPEZ

EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

Matter enclosed in superscript numerals has been adopted as follows:

1Assembly ALA committee amendments adopted January 23, 2025.

2Senate floor amendments adopted December 22, 2025.

AN ACT concerning employment at official inspection facilities and 1 amending 2and supplementing2 P.L.1995, c.112. 2

BE IT ENACTED by the Senate and General Assembly of the State 4 of New Jersey: 5

1. Section 4 of P.L.1995, c.112 (C.39:8-44) is amended to read as 7 follows: 8

4. a. The State Treasurer shall 2[either]2: 9

(1) 2[Assign] assign2 to the State the full responsibility for the 10 design, construction, renovation, equipment, establishment, 11 maintenance, and operation of official inspection facilities and other 12 aspects of the inspection and maintenance program, including safety 13 inspections; 14

(2) 2[Enter] enter2 into a contract or contracts with a private 15 contractor or contractors for the design, construction, renovation, 16 equipment, establishment, maintenance, and operation of official 17 inspection facilities and other aspects of the inspection and 18 maintenance program, including safety inspections; or 19

(3) 2[Assign] assign2 to the State partial responsibility and enter 20 into a contract or contracts with a private contractor or contractors for 21 the remaining responsibility for the design, construction, renovation, 22 equipment, establishment, maintenance, and operation of official 23 inspection facilities and other aspects of the inspection and 24 maintenance program, including safety inspections. 25

The State Treasurer shall choose one of the options pursuant to this 26 subsection based on a determination of the best interests of the citizens 27 of New Jersey. At least seven business days prior to the award of a 28 contract that includes the operation or maintenance of an official 29 inspection facility pursuant to this section, the State Treasurer shall 30 issue a notice of intent to award the contract and shall submit to the 31

Legislature the notice of intent and a report describing the option 32 chosen, which shall include an economic analysis of the three options 33 listed in this subsection with respect to the operation or maintenance 34 portion of the contract. 35

b. (1) A contract authorized by this section may, subject to the 36 provisions of subsection f. of R.S.39:8-2, include the purchase, lease 37 2,2 or sale of an interest in real or personal property. The State 38

Treasurer is authorized to exercise all authority of the Directors of the 39

Division of Purchase and Property and of the Division of Building and 40

Construction to award the contract or contracts authorized by this 41 section as a single contract, multiple branch contracts 2,2 or multiple 42 single contracts. Any contract awarded pursuant to this section shall 43 be awarded in accordance with the provisions of P.L.1954, c.48 44

(C.52:34-6 et seq.) and any rules and regulations promulgated pursuant 1 to that act. The provisions of R.S.52:32-2 shall not apply to any 2 contract authorized by this section. 3

(2) Notwithstanding the provisions of chapter 35 of Title 52 of the 4

Revised Statutes, the State Treasurer is not required to limit bids to 5 persons who are prequalified. The State Treasurer is authorized to 6 require each person who submits a bid for a contract pursuant to this 7 section to submit statements under oath in response to a questionnaire 8 that develops fully that person's financial ability, adequacy of plant 9 and equipment, organization, prior experience 2,2 and any other facts 10 pertinent and material to qualification, including qualification of any 11 subcontractors, for the contract sought. Any such questionnaire 12 required shall be standardized with respect to, and shall be set forth in, 13 each invitation to bid. 14

(3) Any other provision of law to the contrary notwithstanding, 15 and subject to guidelines for conflict of interest established by the 16

Attorney General, for the purposes of this section 2,2 a State officer or 17 employee or a group of State officers or employees may enter into a 18 contract or contracts as a private contractor. A State officer or 19 employee having any duties or responsibilities in connection with the 20 evaluation or awarding of a contract pursuant to this section shall not 21 individually or through any person or entity acting on behalf of that 22 officer or employee bid on or enter into a contract as a private 23 contractor. 24

(4) A contractor for the operation of an official inspection facility, 25 or any of its officers or employees, may not be engaged in the business 26 of selling, maintaining, or repairing motor vehicles or selling motor 27 vehicle replacement or repair parts. A contractor's employees shall not 28 be deemed employees of the State for any purpose. 29

c. A contract for the operation of an official inspection facility 30 shall provide for motor vehicle inspection services that are consumer-31 friendly to the maximum extent feasible. A contract shall at a 32 minimum specify that: 33

(1) 2[New] new2 or relocated inspection facilities shall be sited 34 close to population centers, but in locations that remain convenient for 35 suburban and rural residents; 36

(2) 2[An] an2 inspection facility shall be open for inspections, 37 exclusive of holidays, at least 55 hours each week, including hours 38 prior to 9:00 2[am] a.m.2 or after 5:00 2[pm] p.m.2 on weekdays and 39 hours on the weekend, except that the facility may lessen or expand 40 these hours based on the results of a survey of persons who use the 41 facility for motor vehicle inspections; 42

(3) 2[An] an2 inspection facility shall maintain a climate-43 controlled waiting area for persons whose motor vehicles are being 44 inspected; 45

(4) 2[At] at2 least one lane at each inspection facility shall be 46 reserved to the extent practicable for reinspections, although this lane 47 may be opened to initial inspections whenever there are no 1 reinspections being performed; 2

(5) 2[The] the2 number of inspection lanes provided for in the 3 contract to be constructed may be increased to meet the standards set 4 by the [director] Chief Administrator of the New Jersey Motor 5

Vehicle Commission pursuant to subsection d. of this section only if 6 the contractor can show that this increase is more cost-effective than 7 extending the hours of operation; 8

(6) 2[A] a2 toll-free telephone number and a network of 9 computerized signs shall be established, and public service 10 announcements shall be aired to advise motorists of the length of lines 11 at inspection facilities. Periodic surveys concerning hours and 12 methods of operation shall be conducted. Each motor vehicle operator 13 who arrives at a facility for an inspection shall be provided with a 14 written document containing the following statement: 15

"The motor vehicle emission test being conducted at this facility 16 has been imposed on the residents of this State by an act of the 17

Congress of the United States and the regulations of the United States 18

Environmental Protection Agency." 19

In addition, the written document shall include the name and 20 address of the Administrator of the 2 [federal] United States2 21

Environmental Protection Agency and of each member of Congress 22 elected from this State. 23

A contractor shall spend not less than one percent of its operating 24 budget to provide an ongoing public information program; 1 [and]1 25

2and2 26

(7) 2[All] all2 qualified full-time employees whose employment 27 with the [division] New Jersey Motor Vehicle Commission is 28 terminated as a result of P.L.1995, c.112 (C.39:8-41 et al.) shall be 29 offered full-time employment. If more than one contract for the 30 operation of official inspection facilities is awarded, each contractor 31 shall offer full-time employment to a percentage of the number of such 32 employees that is equal to the percentage of the total number of 33 inspection lanes that will be operated by that contractor 2[1; and 34

(8) During any contract renewal or subsequent procurement for the 35 operation of an official inspection facility, any employee covered by a 36 collective bargaining agreement shall be offered employment to meet 37 the staffing needs of the new contract. The terms of the existing 38 collective bargaining agreement, including compensation and benefits, 39 shall be the existing or current wage for any new contract established 40 by renewal or subsequent procurement. Offers of employment to any 41 existing or new employee shall not be less than the existing or current 42 wage for a particular position, as applicable1

2. 43

d. The [director] chief administrator shall adopt, pursuant to the 44

"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), 45 regulations to establish the conduct of inspections by any person who 46 has entered into a contract with the State pursuant to subsection a. of 47 this section, and may issue directives or guidelines or enter into 48 contracts or agreements for the oversight and regulation of any person 1 who has entered into a contract with the State pursuant to subsection a. 2 of this section. The [director] chief administrator shall establish 3 standards that are designed to achieve average wait times of 30 4 minutes or less and to keep the overall operating cost of the facilities 5 to a minimum. The [director] chief administrator shall develop a 6 system of incentives that are designed to achieve average wait times of 7

15 minutes or less. Data generated at any official inspection facility 8 shall be the property of the State and shall be fully accessible to the 9

[division] New Jersey Motor Vehicle Commission at any time. 10

e. If a dispute over contract compliance, performance 2,2 or 11 termination cannot be resolved by the State Treasurer and the private 12 contractor pursuant to the procedures set forth in a contract entered 13 into pursuant to the provisions of this section, either party to the 14 contract may file with the Superior Court a request either for an order 15 either to terminate the contract or for an order for other appropriate 16 relief to the dispute. Any provision of N.J.S.59:13-5 to the contrary 17 notwithstanding, the State Treasurer may consent to the filing of such 18 a request prior to the expiration of 90 days from the date that the notice 19 of claim is received. The court may take such action as it may deem 20 necessary to facilitate the expeditious resolution of the dispute and an 21 expeditious response to the request, including ordering the parties to 22 undertake dispute resolution, mediation, or arbitration as provided in 23

N.J.S.59:13-7. Within 90 days after the filing of a request, the court 24 shall either grant the request or deny the request. If the request is 25 granted, the court shall order such appropriate relief measures or 26 remedies as it deems appropriate and necessary. 27

f. (1) A person whose employment with the [Division of Motor 28

Vehicles] New Jersey Motor Vehicle Commission is terminated as a 29 result of a contract entered into pursuant to subsection a. of this 30 section, who does not accept an offer of employment with a contractor 31 pursuant to paragraph (7) 2

1or paragraph (8)1

2 of subsection c. of 32 this section, and who undergoes counseling pursuant to section 7 of 33

P.L.1992, c.43 (C.34:15D-7), 1 [may apply] shall be eligible1 for a 34 training grant pursuant to section 6 of P.L.1992, c.43 (C.34:15D-6). 35

(2) Any provision of P.L.1992, c.43 (C.34:15D-1 et al.) to the 36 contrary notwithstanding, the Workforce Development Program in the 37

Department of Labor and Workforce Development may provide a 38 training grant to each person who applies pursuant to paragraph (1) of 39 this subsection for a training grant to pay for employment and training 40 services as provided pursuant to section 6 of P.L.1992, c.43 41

(C.34:15D-6). 42

g. Notwithstanding any law, rule, or regulation to the contrary, 43 [during] for1 any contract renewal 1or award of a new contract1 44 involving the operation of an official inspection facility within this 45

State, existing 2qualified2 employees covered by a collective 46 bargaining agreement shall be the first to be offered employment to 47 meet the staffing requirements 2, as determined by the employer, to 48 meet the requirements2 of the 1 [new]

1 contract. Offers of 1 employment to both existing and new 2qualified2 employees shall 2 include compensation and 2economic2 benefits 2 [packages that meet 3 the requirements of] , including health benefits and paid time off, 4 which benefits may be specified by the commission in its solicitation, 5 that are the same as or comparable to the benefits contained in2 any 6 collective bargaining agreement 2[that may be in place for the] then in 7 effect under an2 existing contract. 8

In the event of a sale, transfer of assets including contracts, or 2[in 9 the event of]2 a merger with another company, the 2compensation and 10 economic benefits delineated in this subsection that exist in a2 11 collective bargaining agreement in effect at the time shall be binding 12 on 2[any] the2 successors and assigns, including all purchasers of any 13 assets, contracts, or the business. 2 [The collective bargaining 14 agreement shall be binding on any and all corporations, partnerships, 15 organizations, and sole proprietorships affiliated with or related to 16 doing business under the terms of the collective bargaining agreement 17 in effect] Notwithstanding the foregoing, the vendor shall be 18 considered to be a contractor and the inspection employees hired by 19 the vendor shall at all times remain the employees of the vendor and 20 not the commission2 . 21

(cf: P.L.1995, c.112, s.4) 22

22. (New section) Notwithstanding the provisions of any law, rule, 24 or regulation to the contrary, for any solicitation issued on or before 25 the effective date of P.L. , c. (C. ) (pending before the 26

Legislature as this bill), or within six months thereafter, involving the 27 operation of an official inspection facility within this State, if the 28 commission, or a designee of the commission, determines that it is 29 necessary to alter any of the terms, conditions, or requirements of the 30 solicitation to conform to the requirements of P.L. , c. (C. ) 31

(pending before the Legislature as this bill), such alterations may be 32 set forth in addenda to the solicitation or made pursuant to any other 33 applicable method not otherwise inconsistent with State law or 34 regulation. The commission, or the commission’s designee, shall not 35 be required to reissue the solicitation. For the purpose of expediting 36 the procurement, the period of time for the State Comptroller to 37 review, if applicable, any subsequent addendum or clarification for 38 compliance with applicable contracting laws, rules, and regulations, 39 pursuant to section 10 of P.L.2007, c.52 (C.52:15C-10), shall be 10 40 business days or less, if practicable, as determined by the State 41

Comptroller. An existing bidder shall be afforded the opportunity to 42 amend the bidder’s bid to conform to such requirements or to 43 withdraw the bidder’s proposal from consideration for an award.2 44

[2.] 3.2 This act shall take effect immediately. 46