ASSEMBLY, No. 884
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblymen GARRETT and IMPREVEDUTO
An Act establishing the Professional, Occupational and Trades Licensing Review Commission.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. There is created a commission to be known as the Professional, Occupational and Trades Licensing Review Commission with a membership of nine members to be appointed as follows: four public members to be appointed by the Governor, with the advice and consent of the Senate; two members of the Senate appointed by the President thereof, not more than one of whom shall be of the same political party, who shall serve only as long as they are members of that House; two members of the General Assembly, appointed by the Speaker thereof, not more than one of whom shall be of the same political party, who shall serve only as long as they are members of that House; and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety or his designee.
All appointments shall be made within 60 days of the effective date of this act. Vacancies in the membership of the commission shall be filled in the same manner as the original appointments were made. Members of the commission shall serve without compensation for performing their duties as members, but the commission may, within the limits of funds appropriated or otherwise made available therefor, reimburse members for the actual expenses necessarily incurred in the performance of their duties.
2. The commission shall organize within 30 days after the appointment of its members and the commission shall appoint a chairman and a vice chairman from among its members. The commission may appoint a secretary, who need not be a member of the commission.
3. The commission shall meet not less than once per month.
Meetings shall be conducted pursuant to the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).
4. a. It shall be the duty of the commission to study, evaluate and make recommendations concerning appropriate methods for overseeing professions, occupations and trades and to determine which require special regulation or licensing to protect the public interest.
b. In the course of studying, evaluating and reporting upon the regulation of professions, occupations and trades, the commission shall consider the following criteria:
(1) Whether deregulating the currently regulated practice of a profession, occupation or trade will clearly harm or endanger the health, safety and welfare of substantial segments of the public and whether the potential for harm is clearly recognized if the profession, occupation or trade is unregulated;
(2) Whether the public is effectively protected by means other than regulation of any particular profession, occupation or trade;
(3) Whether duplication or overlapping of regulatory responsibilities exists in the regulation of any particular profession, occupation or trade; and
(4) Whether the regulation of any profession, occupation or trade creates an adverse social or economic impact upon the public or any substantial segment thereof.
5. The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county or municipal department, board, bureau, commission or agency as it may require and as may be available to it for its purposes, and to employ counsel, stenographic and clerical assistants and incur traveling and other miscellaneous expenses as it may deem necessary, in order to perform its duties, and as may be within the limits of funds appropriated or otherwise made available to it for its purposes.
6. Six months prior to the expiration of this act the Senate Labor, Industry and Professions Committee and the General Assembly Commerce and Regulated Professions Committee, or their successors, shall review the operation of the commission and make recommendations to the Legislature on its continuance and on any changes in its organization or authority which are deemed appropriate.
7. The commission may meet and hold hearings at any place or places as it shall designate during the sessions or recesses of the Legislature. The commission shall reports its findings, conclusions and recommendations to the Governor and the Legislature as soon as practicable but not later than 24 months after the effective date of this act, accompanying them with any legislative bills which it may desire to recommend for adoption by the Legislature.
8. This act shall take effect immediately and shall expire on the last day of the 25th month following enactment.
STATEMENT
This bill establishes the Professional, Occupational and Trades Licensing Review Commission. The commission shall consist of nine members as follows: four public members to be appointed by the Governor, with the advice and consent of the Senate; two members of the Senate appointed by the President thereof, not more than one of whom shall be of the same political party; two members of the General Assembly appointed by the Speaker thereof, not more than one of whom shall be of the same political party; and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety or his designee.
The commission shall study, evaluate and make recommendations concerning appropriate methods for overseeing professions, occupations and trades and to determine which require special regulation or licensing to protect the public interest.
Establishes the Professional, Occupational and Trades Licensing Review Commission.