Proposed Amendment: N.J.A.C. 13:44B-1.1

Authorized By: John J. Farmer, Jr., Attorney General of the State of New Jersey, with the approval of Peter R. Lawrance, Acting State Treasurer.

Authority: N.J.S.A. 45:1-2.5.

Proposal Number: PRN 2001-206.

Submit written comments by July 4, 2001 to:

Mark S. Herr, Director

Division of Consumer Affairs

PO Box 45027

Newark, New Jersey 07101

The agency proposal follows:

 Summary

 The Attorney General proposes to amend N.J.A.C. 13:44B-1.1 to increase the per diem compensation rate for members and officers of boards and commissions delineated in N.J.S.A. 45:1-2.1 consistent with the statutory authority set forth in N.J.S.A. 45:1-2.5.

Under the existing rule, N.J.A.C. 13:44B-1.1, board and commission members receive $50.00 for a full day of services and $25.00 for less than a full day of services. N.J.S.A. 45:1-2.5 permits up to $100.00 per day as the maximum allowable compensation rate for board members. The Attorney General proposes to increase the compensation rate to $100.00 for a full day, and $50.00 for less than a full day of services.

The Attorney General notes that the compensation rates set forth in the existing rule have not been modified since their initial adoption in 1982 (proposed at 13 N.J.R. 932(a) and adopted at 14 N.J.R. 429(d)). During this time, the value of the per diem compensation has decreased substantially while the workloads and enforcement efforts of the boards and commissions within the Division of Consumer Affairs have steadily increased and board and commission members have continued to dedicate an increasing amount of time and effort into board-related activity including independent research, investigation, and review of agendas and documentation in preparation for meetings. In recognition of the significant contribution of board and commission members to the maintenance of high professional standards in their respective areas of practice, the Attorney General, with the approval of the State Treasurer pursuant to N.J.S.A. 45:1-2.5, proposes to amend N.J.A.C. 13:44B-1.1 by increasing the per diem rate of compensation to $100.00 for a full day of services and $50.00 for less than a full day of services.

 Social Impact

 The proposed amendment to N.J.A.C. 13:44B-1.1 will have a positive impact upon the general public by encouraging members and officers of boards and commissions designated in N.J.S.A. 45:1-2.1 to continue to contribute their expertise to the efficient functioning and oversight of the professions and occupations licensed by the Division< of Consumer Affairs. Currently, there are approximately 223 board and commission members who will be affected by the proposed amendment to increase the per diem rate of compensation.

 Economic Impact

 The proposed amendment to N.J.A.C. 13:44B-1.1 will have a positive economic effect upon members of boards and commissions who will receive increased compensation for the work they perform for the respective boards and commissions. The Division has determined that the per diem rate increase of $50.00 for the approximately 223 members affected will be approximately $122,000. The proposed increase is unlikely to have any economic impact upon the public as the nominal increase in the per diem compensation rate will be apportioned among the entire number of licensees in each profession and occupation regulated by the Division. The Division believes that the current budgets of each board and commission affected by the proposed amendment will adequately cover the proposed increase.

 Federal Standards Statement

 A Federal standards analysis is not required as the Attorney General proposes this amendment pursuant to the statutory authority set forth in N.J.S.A. 45:1-2.5 and no Federal standard or requirement is implicated.

 Jobs Impact

 The Attorney General does not anticipate that the proposed amendment will increase or decrease jobs in the State.

 Agriculture Industry Impact

 The proposed amendment will not impact on the agriculture industry in the State.

 Regulatory Flexibility Statement

 A regulatory flexibility analysis is not required because the proposed amendment does not impose any reporting, recordkeeping, or other compliance requirements upon small businesses as defined under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. The amendment increases the per diem compensation rate for members and officers of boards and commissions delineated in N.J.S.A. 45:1-2.1.

 Full text of the proposal follows:

<< NJ ADC 13:44B-1.1 >>

13:44B-1.1 Per diem rates for members and officers of a board or commission designated in N.J.S.A. 45:1-2.1

 (a) Except as set forth in (c) below, each member and officer of a board or commission designated in section 1 of P.L. 1971, c.60 (N.J.S.A. 45:1-2.1) shall be paid as follows:

1. For a full day of services: $100.00;
2. For less than a full day of services: $ 50.00.

(b)-(c) (No change.)

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