New Jersey A 3167: Authorizes DMVA to grant preference in awarding contracts to vendors that employ veterans.

Bill Text

A3167 

ASSEMBLY, No. 3167 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman JAY WEBBER

District 26 (Morris and Passaic)

Co-Sponsored by:

Assemblywoman Fantasia

SYNOPSIS

���� Concerns workers' compensation insurance requirements 
for certain corporations and partnerships.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

��

An Act concerning workers� compensation insurance requirements 
and amending R.S.34:15-36.

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

����� 1.�� R.S.34:15-36 
is amended to read as follows:

����� 34:15-36.�� "Willful 
negligence" within the intent of this chapter shall consist of (1) 
deliberate act or deliberate failure to act, or (2) such conduct as evidences 
reckless indifference to safety, or (3) intoxication, operating as the 
proximate cause of injury, or (4) unlawful use of a controlled dangerous 
substance as defined in the "New Jersey Controlled Dangerous Substances 
Act," P.L.1970, c.226 (C.24:21-1 et seq.).

����� "Employer" 
is declared to be synonymous with master, and includes natural persons, 
partnerships, and corporations; "employee" is synonymous with 
servant, and includes all natural persons, including officers of corporations, 
who perform service for an employer for financial consideration, exclusive of 
(1) employees eligible under the federal "Longshore and Harbor Workers' 
Compensation Act," 44 Stat. 1424 (33 U.S.C.s.901 et seq.), for benefits 
payable with respect to accidental death or injury, or occupational disease or 
infection; and (2) casual employments, which shall be defined, if in connection 
with the employer's business, as employment the occasion for which arises by 
chance or is purely accidental; or if not in connection with any business of 
the employer, as employment not regular, periodic or recurring; provided, 
however, that forest fire wardens and forest firefighters employed by the State 
of New Jersey shall, in no event, be deemed casual employees.

����� A 
self-employed person, partners of a limited liability partnership, members of a 
limited liability company or partners of a partnership who actively perform 
services on behalf of the self-employed person's business, the limited 
liability partnership, limited liability company or the partnership shall be 
deemed an "employee" of the business, limited liability partnership, 
limited liability company or partnership for purposes of receipt of benefits 
and payment of premiums pursuant to this chapter, if the business, limited 
liability partnership, limited liability company or partnership elects, when 
the workers' compensation policy of the business, limited liability 
partnership, limited liability company or partnership is purchased or renewed, 
to obtain coverage for the person, the limited liability partners, the limited 
liability company members or the partners. If the business, limited liability 
partnership, limited liability company or partnership elects to obtain coverage 
for the self-employed person, limited liability partners, limited liability 
company members or the partners, the election may only be made at purchase or 
at renewal and may not be withdrawn during the policy term.� If the business, 
limited liability partnership, limited liability company or partnership 
performs services covered under a homeowner's policy or other policies 
providing comprehensive personal liability insurance for domestic servants, 
household employees or the dependents thereof, the workers' compensation policy 
of the business, limited liability partnership, limited liability company or 
partnership shall have primary responsibility for the payment of benefits.� 
Notwithstanding the provisions of R.S.34:15-71 and 34:15-72, the business, 
limited liability partnership, limited liability company or partnership shall 
not be required to purchase a policy unless the business, limited liability 
partnership, limited liability company or partnership is an 
"employer" of [a] at least one employee as defined in this 
section who is not a self-employed person, limited liability partner, limited 
liability company member or partner actively performing services on behalf of 
the business, limited liability partnership, limited liability company or 
partnership.

����� An 
individual who is the only individual performing services for an S corporation 
and is the only shareholder in the corporation shall not be deemed an 
"employee" of the corporation for purposes of receipt of benefits and 
payment of premiums pursuant to R.S.34:15-1 et seq., unless the corporation 
elects, to obtain coverage for the individual.� This paragraph shall not be 
construed as modifying in any way the status of any individual or corporation 
with respect to any tax or other law other than the workers� compensation law.

����� Notwithstanding 
any other provisi