ASSEMBLY, No. 1560
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 15, 1996
By Assemblymen DeCROCE and DiGAETANO
An Act concerning professional competency requirements for land surveyors and amending P.L.1993, c.39.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1993, c.39, (C.45:8-35.2) is amended to read as follows:
1. The State Board of Professional Engineers and Land Surveyors shall require each person licensed as a land surveyor, as a condition for biennial certification pursuant to P.L.1938, c.342 (C.45:8-27 et seq.) and P.L.1972, c.108 (C.45:1-7), to complete not more than 24 credits of continuing professional competency relating to and involving the practice of land surveying, as provided in section 2 of this act, during each biennial registration period, except that: a. in the case of any person licensed as a land surveyor who is 55 years of age or older and practicing as a surveyor for not less than 10 years, the board shall provide for a reduction of required credits of continuing professional competency by a minimum of 50 percent; and b. no person licensed as a land surveyor who is 65 years of age or older and practicing as a licensed land surveyor for not less than 10 years shall be required to meet the requirements of this section.
(P.L.1993, c.39, s.1)
2. Section 2 of P.L.1993, c.39 (C.45:8-35.3) is amended to read as follows:
2. a. The board shall:
(1) Establish standards for continuing professional competency in land surveying, including private and government practice in various full-time and part-time forms, and the subject matter and content of courses of study that shall be in conformity with the course requirements and content standards contained in R.S. 45:8-35 and such other programs and subject matter that enables a licensee to remain current with the rules and regulations promulgated by the board, which [shall] may be in general conformity with a national model, such as that of the National Council of Examiners for Engineering and Surveying and takes into account the specific needs of this State;
(2) [Approve] Accept all educational programs offering credit towards the continuing professional competency in land surveying requirements until such time that the board deems any such program or programs unacceptable; and
(3) [Approve] Accept all other equivalent educational programs, including, but not limited to, meetings of constituents and components of land surveying associations and other appropriate professional and technical associations [recognized by the board] relating to the profession, examinations, papers, publications, technical presentations, teaching and research appointments and technical exhibits, and shall establish procedures for the issuance of credit upon satisfactory proof of the completion of these programs until such time that the board deems any such program or programs unacceptable.
b. In the case of education courses and programs, each hour of instruction shall be equivalent to one credit.
c. In the case of private or government practice, the following shall apply:
Full-time practice in which signing and sealing of professional work is involved, shall account for 80 percent of the required credits of continuing professional competency;
Full-time practice in which signing and sealing of professional work is not involved, shall account for 70 percent of the required credits of continuing professional competency;
Part-time practice in which signing and sealing of professional work is involved, shall account for 60 percent of the required credits of continuing professional competency; and
Part-time practice in which signing and sealing of professional work is not involved, shall account for 25 percent of the required credits of continuing professional competency.
(P.L.1993, c.39, s.2)
3. Section 3 of P.L.1993, c.39 (C.45:8-35.4) is amended to read as follows:
3. The board shall:
a. Establish procedures for monitoring compliance with the land surveying continuing professional competency requirements; [and]
b. Establish procedures to evaluate [and grant approval to] educational programs and providers of continuing professional competency in land surveying and disapprove any such educational program or provider when found to be unacceptable;
c. Provide each licensed land surveyor a list of all disapproved educational programs and providers at the beginning of each biennial certification period and at such other times the board deems it appropriate to keep licensees aware of the status of programs and providers; and
d. Establish procedures to remove all or part of a licensee's continuing professional competency credits granted in accordance with the provisions of section 2 of P.L.1993, c.39 (C.45:8-35.3) for wanton and willful disregard of any provisions of P.L.1938, c.342 (C.45:8-27 et seq.) or any regulations promulgated thereto pertaining to licensed land surveyors. The board shall take into account in determining the amount of continuing professional competency credits to be removed the time remaining in the biennial certification period and may extend the removal of a licensee's credits into the next biennial licensing period. The board shall require a licensee whose credits have been so removed to complete continuing professional competency credits through courses or educational programs related to the areas in which wanton and willful disregard of the laws or regulations have occurred. The total number of required credits shall not exceed the total number of credits required for license renewal as provided in P.L.1993, c.39 (C.45:8-35.2 et seq.). Upon satisfactory completion of these courses or educational programs, a licensee shall be permitted to receive continuing professional competency credits in accordance with the provisions of section 2 of P.L.1993, c.39 (C.45:8-35.3).
(P.L.1993, c.39, s.3)
4. Section 4 of P.L.1993, c.39 (C.45:8-35.5) is amended to read as follows:
4. The board may, in its discretion, waive requirements for continuing professional competency in land surveying on an individual basis for reasons of hardship such as illness or disability, service in the armed forces of the United States of America, retirement [of the license], or other good cause.
(P.L.1993, c.39, s.4)
5. Section 7 of P.L.1993, c.39 (C.45:8-35.8) is amended to read as follows:
7. The board shall accept as proof of completion of continuing professional competency program credits [documentation] certification submitted by a person licensed as a land surveyor or by any entity offering a continuing professional competency program [approved] that has not been disapproved by the board pursuant to section [2] 3 of this act.
(P.L.1993, c.39, s.7)
6. This act shall take effect immediately.
STATEMENT
This bill amends the law which requires land surveyors to complete not more than 24 credits of continuing professional competency relating to the practice of land surveying during each biennial certification period to be eligible for renewal of their certification. The bill stipulates that licensed land surveyors who are 65 years of age or older and have practiced as surveyors for not less than 10 years are exempt from this continuing education requirement and that licensed land surveyors who are 55 years of age or older and have practiced as surveyors for not less than 10 years shall be granted a reduced credit requirement for continuing professional competency of at least 50 percent. Also, the bill reduces the number of credits required of licensed land surveyors involved in private or government practice according to a formula based upon whether the surveyor is engaged in a full-time or part-time practice and whether the signing or sealing of professional work is involved.
Under current law, the board must approve educational programs offering credit towards continuing professional competency in land surveying. This bill provides, instead, that all such programs may be used by a land surveyor for credit; only if the board deems a program unacceptable will it no longer be counted for credit in satisfying the continuing education requirement. In addition, this bill removes the current mandate in law that the standards for continuing professional competency in land surveying shall be in conformity with a national model, such as that of the National Council of Examiners for Engineering and Surveying.
Revises continuing education requirements for land surveyors.