S1490

Sponsored by:

Senator JOSEPH P. CRYAN

District 20 (Union)

Senator ROBERT W. SINGER

District 30 (Monmouth and Ocean)

SYNOPSIS

Requires retention of funds collected by Department of Banking and Insurance and certain professional boards.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning funds collected by certain State entities and amending R.S.45:1-3 and R.S.17:1-8.

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

1. R.S.45:1-3 is amended to read as follows:

45:1-3. Each member of the boards mentioned in section [45:1-2] 1 of [this title] P.L.1971, c.60 (C.45:1-2.1) shall be entitled to [his] the actual traveling and other expenses incurred in the performance of [his] the member’s duties, which sum shall be paid from the license fees and other sources of income of such boards. Such boards shall also be entitled to expend from their income such sums as shall be necessary to defray all proper expenses incurred by them in the performance of their duties, including the compensation of any of their officers or agents whom they are authorized to compensate. Such boards, if authorized to collect an annual, biennial, or other reoccurring registration or license fee from persons licensed by them, [may] shall retain in their treasuries the fees so collected and use the same for the purpose of defraying the expenses of securing evidence against and prosecuting persons violating the provisions of the laws with the enforcement of which they are charged, or, in case the revenue of the boards from other sources shall be insufficient to pay the salary of their secretaries and their other expenses, such fees may be expended for such purposes. Such boards shall be entitled to retain, in addition to the above, at least one hundred dollars in their treasuries for the purpose of preparing and holding their examinations. [On or before October thirty-first in each year such] The boards shall [pay to the state treasurer] retain all moneys remaining in their treasuries on June 30 of each year, except as above stated, which sum, when so paid, shall form a part of the state fund. Such boards shall keep accurate accounts of their receipts and expenditures, which accounts shall be subject to audit by the state comptroller.

(cf: R.S.45:1-3)

2. R.S.17:1-8 is amended to read as follows:

17:1-8. The commissioner shall charge for a license and for all services performed by the department the fees provided in Title 17 of the Revised Statutes or Title 17B of the New Jersey Statutes, or in lieu thereof or where not so provided, such fees as the commissioner shall prescribe by rule or regulation, including but not limited to application fees, license fees, assessments, and charges for investigations and examinations. The [commissioner shall make returns to the Director of the Division of Budget and Accounting of all fees and moneys collected by the department, and pay the sum so collected into the State Treasury] department shall retain all fees, assessments, and charges collected pursuant to this section.

(cf: P.L.1996, c.45, s.8)

3. This act shall take effect immediately.

STATEMENT

This bill modifies current law governing the collection of funds by the Department of Banking and Insurance (the “department”) and certain professional boards. The bill authorizes the department to retain any fees, assessments, or charges paid to the commissioner. It also authorizes the boards regulated in Title 45 of New Jersey law to retain funds collected and remaining with the treasury of each board as of June 30 of each year. The funds collected by each professional board consist of fees paid for initial licensure and for licensure renewal.