ASSEMBLY CONCURRENT RESOLUTION No. 61

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 29, 1996

By Assemblyman CORODEMUS

A Concurrent Resolution concerning legislative review of Department of Law and Public Safety regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.

    Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

    1. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation of an administrative agency to determine if the rule or regulation is consistent with the intent of the Legislature.

    2. The Legislature finds that regulations adopted by the Department of Law and Public Safety, and more specifically of the State Board of Professional Engineers and Land Surveyors within the Division of Consumer Affairs of the department, concerning continuing professional competency requirements for land surveyors are not consistent with the legislative intent of P.L.1993, c.39 (C.45:8-35.2 et seq.) inasmuch as they fail to provide licensees with adequate information regarding the type of continuing professional competency courses that will satisfy licensing renewal requirements.

    3. The Secretary of the Senate and the Clerk of the General Assembly shall transmit a duly authenticated copy of this concurrent resolution to the Governor and the Attorney General.

    4. The Department of Law and Public Safety shall, pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, have 30 days following transmittal of this concurrent resolution to amend or withdraw the regulations or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulations.

STATEMENT

    This concurrent resolution expresses the finding of the Legislature that regulations adopted by the State Board of Professional Engineers and Land Surveyors within the Division of Consumer Affairs of the Department of Law and Public Safety concerning continuing professional competency requirements for land surveyors are not consistent with the legislative intent of P.L.1993, c.39 (C.45:8-35.2 et seq.) inasmuch as they fail to provide licensees with adequate information regarding the type of continuing professional competency courses that will satisfy licensing renewal requirements.

    The Department of Law and Public Safety shall have 30 days following transmittal of this resolution to amend or withdraw the regulations or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulations.

Determines that DLPS regulations concerning continuing professional competency requirements for land surveyors are not consistent with legislative intent.