Dec 302017
 
Interesting text of a new law proposed by the state of New Jersey. The proposed law would require licensing of all "software designers" who want to target New Jersey residents and businesses for their services or products.
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Interesting text of a new law proposed by the state of New Jersey. The proposed law would require licensing of all “software designers” who want to target New Jersey residents and businesses for their services or products.
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[SECOND REPRINT]
ASSEMBLY, NO. 4414

STATE OF NEW JERSEY



INTRODUCED JANUARY 24, 1991





By Assemblywoman KALIK, Assemblymen CASEY,
Spadoro and Mazur



AN ACT Providing for the licensure of software designers* amending P.L.1971,
c.60, P.L.1974, c.46 and P.L.1978, c.73, and supplementing Title 45 of the
Revised Statutes.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. (New section) This act shall be known and may be cited as the
"Software Designers* Licensing Act."

2. (New section) The Legislature finds and declares that the public
interest requires the regulation of the practice of software designing** and
the establishment of clear licensure standards for software designers*, and
that the welfare of the citizens of this State will be protected by identifying
to the public those individuals who are qualified and legally authorized to
practice software designing**.











_________________________________________________
* Was "engineers" (or "engineer") in old document, changed to "designers"
(or "designer").

** Was "engineering" in old document, now "designing"

< > Text between these brackets indicates assembly floor amendments adopted
june 24, 1991.

"[page n]" (where 'n' is a number) will appear at the position of
the page breaks in the original document (on legal paper).



3. (New Section) As used in this act:

"Board" means the State Board of Software Designers* established
pursuant to section 4 of this act.

"Licensed software designer*" means any person who practices software
designing and who represents himself to the public by title or by
description of services under any title incorporating such terms as
"software engineer", "software designer*", "chartered engineer", or
CEng" or any similar title or description of services, who is duly
licensed pursuant to this act.

"Software designing**" means the process of creating software systems
and applies to techniques that reduce software cost and complexity
while increasing reliablility and modifiablility, which includes, but
is not limited to, the elements of requirements designing**, design
specification, implementation testing and validation, operation and
maintenance and software management.

4. (New section) There is created within the Division of Consumer Affairs
in the Department of Law and Public Safety the State Board of Software
Designers*. The board shall consist of nine members who are residents of this
State who shall be appointed by the Governor. Six members shall be

[page 2]

licensed software designers* who have been actively engaged in software
designing** for at least five years immediately preceding their appointment,
except that the members initially appointed shall be licensed pursuant to this
act within 18 months of appointment. Of the remaining members, two shall be
public members, and one shall be a member of the executive branch, all of whom
shall be appointed pursuant to section 2 of P.L.1971, c.60 (C.45:1-2.2).

5. (New section) Each member of the board, except the members first
appointed, shall serve for a term of five years and shall hold office until the
appointment and qualification of his successor. The initial appointment to the
board shall be: two members for terms of two years, two members for terms of
three years, two members for terms of four years, and three members for terms
of five years. Vacancies shall be filled for the unexpired term only. No
member may be appointed for more than two consecutive terms.

6. (New section) Members of the board shall be compensated and reimbursed
for expenses and provided with office and meeting facilities pursuant to
section 2 of P.L.1977, c.285 (C.45:1-2.5).

7. (New section) The board shall annually elect from among its members a
chair, vice-chair and a secretary. The board shall meet twice per year and may
hold additional meetings as necessary to discharge its duties.



8. (New section) The board shall:

a. Review the qualifications of applicants for licensure;

b. Insure the proper conduct and standards of examinations;

c. Issue and renew licenses to software designers* pursuant to this
act;

d. Refuse to admit to examination, refuse to issue, or suspend, revoke
or fail to renew the license of a software designer pursuant to the
provisions of P.L.1978, c.73 (C.45:1-14 et seq.);

e. Maintain a record of every software designer* licensed in this
State, their places of business, places of residence and the date
and number of their license;

f. Establish fees pursuant to P.L.1974, c46 (C.45:1-3.1 et seq);

g. Adopt and promulgate rules and regulations pursuant to the
"Administrative Procedure Act", P.L.1968, c.410 (C.52:14B-1 et
seq.) necessary to effectuate the purposes of this act.


9. (New section) No person shall practice, or present himself as able to
practice, software designing** unless he possesses a valid license as a
software designer* in accordance with the provisions of this act.

10. (New section) The provisions of this act shall not be construed to
prevent the following provided that no word, letter, abbreviation, insignia,
sign, card or device is used to convey the impression that the person rendering
the service is a licensed

[page 3]

software designer*:

a. Any person licensed to practice in this State under any other law from
engaging in the practice for which he is licensed;


b. Any person employed as a software designer* by the federal government,
if the person provides software designing** services solely under the
direction or control of his federal employer; or

c. Any person pursuing a course of study leading to a degree or
certificate in software designing** at an accredited or approved
educational program if the person is designated by a title which
clearly indicates status as a student or trainee.




11. (New section) To be eleigible for licensure as a software designer*,
an applicant shall submit to the board satisfactory evidence that he has:

a. <(1)> Graduated from a program in software designing** shich has
been approved for the education and training of software designers* by
an accrediting agency recognized by the Council on Post-Secondary
Accreditation and the United States Department of Education;
(2) Work experience in a current or previous position of employment
utilizing the theory and procedures of software designing for a
sufficient period of time as determined by the board;> and

b. Successfully completed a written examination administered by the board
pursuant to section 14 of this act to determine his competence to
practice software designing**.

12. (New section) An applicant for licensure who is a graduate of a
foreign school of software designing* shall furnish evidence satisfactory to
the board that he has:

a. Completed a course of study in software designing** which is
substantially equivalent to that provided in an accredited program
described in subsection a. of section 11 of this act; and

b. Successfully completed a written examination administered by the board
pursuant to section 14 of this act.

13. (New section) A fee shall accompany each application for licensure.
Licenses shall expire biennially [once every two years] on January 31 and may
be renewed upon submission of a renewal application provided by the board and
payment of a fee. If the renewal fee is not paid by that date, the license
shall automatically expire, byt may be renewed within two years of its
expiration date upon payment to the board of a sum determined by it for each
year or part thereof during which the license was expired and an additional
restoration fee. If a license has not been renewed within two years of
expiration, the license shall only be renewed by complying with the provisions
of section 16 of this act or successfully completing the examination
administered pusuant to section 14 of this act.





14. (New section) The written examination required in section 11, 12 or 13
of this act shall test the applicant's knowledge of

[page 4]

software designing** theory and procedures and any other subjects the board may
deem useful to test the applicant's fitness to practice software designing**.
Examinations shall be held within the State at least once every six months at a
time and place to be determined by the board. The board shall give adequate
written notice of the examination to applicants for licensure and examination.

If an applicant fails the examination twice, the applicant may take a third
examination not less than one year now more than three years from the date of
the applicant's initial examination. Additional examinations shall be in
accordance with standards set by the board.

15. (New section) The board shall issue a license to each applicant for
licensure as a software designer* who qualifies pursuant to the provisions of
this act and any rules and regulations promulgated by the board.

16. (New section) Upon payment to the board of a fee and the submission of
a written application on forms provided by it, the board shall issue without
examination a license to a software designer* who holds a valid license issued
by another state or possession of the United States or the District of Columbia
which has standards for licensure substantiolly equivalent to those of this
State.

17. (New section) Upon payment to the board of a fee and the submission of
a written application on forms provided by it, the board shall issue a
temporary license to a person who has applied for licensure pursuant to this
act and who, in the judgment of the board, is eligible for examination. A
temporary license shall be available to an applicant upon initial application
for examination. A person holding a temporary license may practice software
designing** only under the direct supervision of a licensed software designer*.
A temporary license shall expire automatically upon failure of the licensure
examination but may be renewed next examination at which time it shall
automatically expire and be surrendered to the board.






18. (Section 1 of P.L.1971, c.60 (C.45:1-2.1) is amended to read as
follows:

1. The provisions of this act shall apply to the following boards and
commissions: the New Jersey State Board of Accountancy, the New Jersey
State Board of Architects, the New Jersey State Board of Cosmetology
and Hairstyling, the Board of Examiners of Electrical Contractors, the
New jersey State Board of Dentistry, the State Board of Mortuary
Science of New Jersey, the State Board of Professional Engineers and
Land Surveyors, the State Board of Marriage Counselor Examiners, the
State Board of Medical Examiners, the New Jersey Board of Nursing, the
New Jersey State Board of Optometrists, the State Board of Examiners of
Ophthalmic Dispensers and Ophthalmic Technicians,

[page 5]

the Board of Pharmacy, the State Board of Professional planners, the
State Board of Psychological Examiners, the State Board of Examiners of
Master Plumbers, the New Jersey Real Estate Commission, the State Board
of shorthand Reporting, the State Board of Veterinary Medical
Examiners, the Radiologic Technology Board of Examiners, the
Acupuncture Examining Board, the State Board of Chiropractic Examiners
<,the State Board of Respiratory Care, the State Real Estate Appraiser
Board, the State Board of Social Work Examiners, and the State Board of
Software designers*>.

19. Section 1 of P.L.1974, c.46 (C.45:1-3.1) is amended to read as follows:

1. The provisions of this act shall apply to the following boards and
commissions: the New Jersey State Board of Accountancy, the New Jersey
State Board of Architects, the New Jersey State Board of Cosmetology
and Hairstyling, the Board of Examiners of Electrical Contractors, the
New Jersey State Board of Dentistry, the State Board of Mortuary
Science of New Jersey, the State Board of Professional Engineers and
Land Surveyors, the State Board of Marriage Counselor Examineers, the
State Board of Medical Examiners, the New Jersey Board of Nursing, the
New Jersey State Board of Optometrists, the State Board of Examiners of
Ophthalmic Dispensers and Ophthalmic Technicians, the Board of
Pharmacy, the State Board of Professional Planners, the State Board of
Psychological Examiners, the State Board of Examiners of Master
Plumbers, the State Board of Shorthand Reporting, the State Board of
Veterinary Medical Examiners, the Radiologic Technology Board of
Examiners, the Acupuncture Examining Board, [and] the State Board of
Chiropractic Examiners, < the State Board of Respiratory Care, the
State Real Estate Appraiser Board, the State Board of Social Work
Examiners, and the State Board of Software Designers* >.
(cf: P.L.1991, c134, s.17)



20. Section 2 of P.L.1978, c.73 (C.45:1-15) is ammended to read as follows:

2. The provisions of this act shall apply to the following boards and all
professions or occupations regulated by or through such boards: the
New Jersey State Board of Accountancy, the New Jersey State Board of
Architects, the New Jersey State Board of Cosmetology and Hairstyling,
the Board of Examiners of Electrical Contractors, the New Jersey State
Board of Dentistry, the State Board of Mortuary Science of New Jersey,
the State Board of Professional Engineers and Land Surveyors, the State
Board of Marriage Counselor Examiners, the State Board of Medical
Examiners, the New jersey Board of Nursing, the New Jersey State Board
of Optometrists, the State Board of Examiners of Ophthalmic Dispensers
and Ophthalmic Technicians,

[page 6]

the Board of Pharmacy, the State Board of Professional Planners, the
State Board of Psychological Examiners, the State Board of Examiners of
Master Plumbers, the State Board of Shorthand Reporting, the State
Board of Veterinary Medical Examiners, the Acupuncture Examining Board,
[ and ] the State Board of Chiropractic Examiners <, the State Board of
Respiratory Care, the State Real Estate Appraiser Board, the State
Board of Social Work Examiners, and the State Board of Software
Designers*>. (cf: P.L.1991, c.134, s.14)


21. This act shall take effect immediately, except that section 9 shall
remain inoperative until the 365th day after enactment.




REGULATED PROFESSIONS


The "Software Designers' Licensing Act."




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