"New Jersey Secretary of Commerce Act"; establishes Department of Commerce as principal department in Executive Branch of State government; makes an appropriation.

A1345

ASSEMBLY, No. 1345

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman CODY D. MILLER

District 4 (Atlantic, Camden and Gloucester)

Co-Sponsored by:

Assemblyman Hutchison

SYNOPSIS

���� "New Jersey Secretary of Commerce Act";
establishes Department of Commerce as principal department in Executive Branch
of State government; makes an appropriation.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
establishing the Department of Commerce as a principal
department in the Executive Branch of State government, supplementing Title 52
of the Revised Statutes, amending
P.L.1974, c.55, and making an
appropriation.

����
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 �New Jersey Secretary of Commerce Act.�

���� 2.��� (New section) The
Legislature finds and declares that:

���� a.���� New Jersey�s economy is
one of the most diverse in the nation, yet retaining and attracting businesses
and creating high-quality jobs within the State remains a challenge.

���� b.��� Although the State�s
economic policy seeks to stimulate economic growth through coordination across
all economic sectors, departments, and agencies, the State has experienced a
decrease in the coordination and centralization of these efforts following the
abolishment of the Department of Commerce and Economic Development.

���� c.���� The New Jersey Commerce
and Economic Growth Commission, later renamed the New Jersey Commerce
Commission, was established after the abolishment of the Department of Commerce
and Economic Development to streamline the coordination of economic development
in the State but was subsequently abolished.

���� d.��� The decentralization of
New Jersey�s economic growth policy has hindered the State�s ability to
coordinate a cohesive policy approach to attract, foster, and retain business,
industry, and innovation.

���� e.���� A centralized,
streamlined, and strategic approach to commerce and economic development is
essential for the long-term competitiveness of the State�s business climate.

���� f.���� Therefore, it is in the
best interest of the citizens of this State to establish a principal department
within the Executive Branch of State government to serve as a centralized focus
for business and industrial concerns within the State.

���� 3.��� (New section) As used in
this act:

���� �Secretary� means the
Secretary of the Department of Commerce, the office established pursuant to
section 5 of P.L.�� , c.���� (C.������� ) (now pending before the Legislature
as this bill).

���� �Department� means the
Department of Commerce established pursuant to section 4 of P.L.�� , c.����
(C.������� ) (now pending before the Legislature as this bill).

���� 4.��� (New section) There is
established in the Executive Branch of State government a principal department
which shall be known as the Department of Commerce.

���� 5.��� (New section) The
administrator and chief executive officer of the department shall be a
secretary, who shall be known as the Secretary of Commerce, and who shall be a
person qualified by training and experience to perform the duties of the
office.� The secretary shall be appointed by the Governor, with the advice and
consent of the Senate, and shall serve at the pleasure of the Governor during
the Governor's term of office and until the appointment and qualification of
the secretary's successor.� The secretary�s entire time shall be devoted to the
duties of the office and the secretary shall receive a salary as shall be
provided by law.� Any vacancy occurring in the office of the secretary shall be
filled in the same manner as the original appointment.

���� 6.��� (New section)��� The
department and the secretary shall be responsible for the activities of the
State government in the support and development of:

���� a.���� business, industry, and
innovation through aid, promotion, and advertising;

���� b.��� domestic and foreign
commerce;

���� c.���� business and
technological growth; and

���� d.��� any program as
determined by the department.

���� 7.��� (New section) The
secretary shall:

���� a.���� serve as the State�s
chief economic development officer and principal advisor to the Governor on
matters of commerce and economic policy;

���� b.��� coordinate Statewide
efforts to promote job creation, business expansion, and workforce development;

���� c.���� oversee the formulation
and execution of a Statewide economic development strategy;

���� d.��� serve as the primary
liaison to the business community and lead efforts to reduce barriers to
business investment in the State;

���� e.���� collaborate with the
Economic Development Authority, the Department of Labor and Workforce
Development, the Department of the Treasury, and other agencies as necessary;

���� f.���� represent New Jersey in
national and international trade and commerce initiatives;

���� g.��� perform, exercise, and
discharge the functions, powers, and duties of the department through divisions
as may be established by P.L.��� , c.��� (C.����� ) (pending before the
Legislature as this bill) or otherwise by law;

���� h.��� organize the work of the
department in divisions not inconsistent with the provisions of P.L.��� , c.���
(C.����� ) (pending before the Legislature as this bill) and in bureaus and
other organizational units as the secretary may determine to be necessary for
efficient and effective operation of the department;

���� i.���� appoint and remove
officers and other personnel employed within the department, subject to the
provisions of Title 11A of the New Jersey Statutes, and other applicable
statutes, except as otherwise specifically provided;

���� j.���� have authority to
organize and maintain an administrative division and to employ secretarial,
clerical, and other assistants in the department as the secretary�s office and
the internal operations of the department may require in accordance with Title
11A of the New Jersey Statutes;

���� k.��� submit an annual State
of Commerce report to the Governor and, pursuant to section 2 of P.L.1991,
c.164 (C.52:14-19.1), to the Legislature of the department's operations, business
trends, key metrics, and recommendations for improving State economic policy;

���� l.���� adopt, issue, and
promulgate, in the name of the department, pursuant to the "Administrative
Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), rules and
regulations as may be authorized by law;

���� m.�� formulate and adopt rules
and regulations for the efficient conduct of the work and general
administration of the department, its officers, and employees;

���� n.��� institute or cause to be
instituted legal proceedings or processes as may be necessary to properly
enforce and give effect to any of the secretary�s powers or duties;

���� o.��� coordinate the
activities of the department, and the several divisions and other agencies
therein, in a manner designed to eliminate overlapping and duplicative
functions;

���� p.��� integrate within the
department, so far as practicable, all staff services of the department and of
the several divisions and other agencies therein;

���� q.��� have access to all
relevant files and records of other State agencies and require any officer or
employee therein to provide any information as the secretary may deem necessary
in the performance of the functions of the department;

���� r.���� maintain suitable
headquarters for the department and any other quarters as the secretary shall
deem necessary to the proper functioning of the department; and

���� s.���� perform other functions
as may be prescribed in P.L. , c. (C. ) (pending
before the Legislature as this bill) or by any other law.

���� 8.��� (New section) The
secretary shall appoint a deputy secretary, who shall be designated to perform
all of the powers, functions, and duties of the secretary during the absence or
disability of the secretary, and who shall perform other duties as are assigned
by the secretary.� The appointment shall be subject to the approval of the
Governor and shall be filed with the Secretary of State.� The deputy secretary
shall be a person qualified by training and experience to perform the duties of
the office.

���� 9.��� (New section)��� a.�� The
Business Action Center, formerly known as the Division of Business Assistance,
Marketing, and International Trade within the New Jersey Economic Development
Authority, established pursuant to P.L.2008, c.27 (C.34:1B-210 et seq.) and
renamed and transferred to the Department of State pursuant to Executive
Reorganization Plan No. 003-2011, together with all its functions, powers, and
duties, is continued and transferred to the department.

���� b.��� Whenever, in any law,
rule, regulation, order, contract, document, judicial or administrative
proceeding, or otherwise, reference is made to the Business Action Center, the
Division of Business Assistance, Marketing, and International Trade, the New
Jersey Commerce Commission, or the Department of Commerce and Economic
Development, the same shall mean and refer to the Business Action Center in the
Department of Commerce. Notwithstanding the provisions of any law, rule,
regulation, or order to the contrary, the secretary of the department shall
appoint the executive director of the Business Action Center.

���� c.���� This transfer shall be
subject to the provisions of the "State Agency Transfer Act,"
P.L.1971, c.375 (C.52:14D-1 et seq.).

���� 10.� (New section)��� Within
three months of the effective date of P.L.��� , c.��� (C.����� ) (pending
before the Legislature as this bill), the secretary, after consultation with
all division directors, the State Treasurer, and the commissioners of
appropriate commissions and executive departments, including but not limited to
the Department of Labor and Workforce Development, the Department of State, the
Department of Environmental Protection, and the Office of the Secretary of
Higher Education, shall prepare and submit a report to the Governor, and,
pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature,
identifying:

���� a.���� those functions and
duties currently exercised by other departments, divisions, agencies,
commissions, councils, boards, offices, or bureaus of State government relating
to commerce, economic development, and innovation that may be appropriately
transferred to the department; and

���� b.��� those functions and
duties transferred to the department pursuant to the provisions of P.L.��� ,
c.��� (C.����� ) (pending before the Legislature as this bill) that may be
appropriately transferred to other departments.� The transfers may be
effectuated by executive order or law, as is necessary.

���� 11.� (New section)��� a.�� Within
six months of the effective date of P.L.��� , c.��� (C.����� ) (pending before
the Legislature as this bill), the secretary of the department shall review the
operations, personnel, and staff organization of those agencies transferred
from the Department of State to the Department of Commerce and, with the
approval of the Civil Service Commission and the Office of Management and
Budget, establish a plan, if needed, for reorganization and transfer of
personnel.

���� b.��� Nothing in this section
shall be construed to deprive employees of any rights or protections provided
by Title 11A of the New Jersey Statutes or the pension and retirement laws of
this State.

���� 12.� (New section) There is
appropriated from the General Fund funds as may be necessary to be allocated
for the implementation of P.L.��� , c.��� (C.����� ) (pending before the
Legislature as this bill), subject to the approval of the Office of Management
and Budget in the Department of the Treasury.

���� 13.� Section 1 of P.L.1974,
c.55 (C.52:14-15.107) is amended to read as follows:

���� 1.��� Notwithstanding the
provisions of the annual appropriations act and section 7 of P.L.1974, c.55
(C.52:14-15.110), the annual salary for each of the following officers shall be
$210,000 in calendar year 2024 and thereafter:

���� Title

���� Agriculture Department

����������� Secretary of
Agriculture

���� Children and Families
Department

����������� Commissioner of
Children and Families

����
Commerce Department

�����������
Secretary of
Commerce

���� Community Affairs Department

����������� Commissioner of
Community Affairs

���� Corrections Department

����������� Commissioner of
Corrections

���� Education Department

����������� Commissioner of
Education

���� Environmental Protection
Department

����������� Commissioner of
Environmental Protection

���� Health Department

����������� Commissioner of Health

���� Human Services Department

����������� Commissioner of Human
Services

���� Banking and Insurance
Department

����������� Commissioner of Banking
and Insurance

���� Labor and Workforce
Development Department

����������� Commissioner of Labor
and Workforce Development

����������� Chairperson of the
Civil Service Commission

���� Law and Public Safety
Department

����������� Attorney General

����������� Colonel and
Superintendent, State Police

����������� Director of the Office
of Homeland Security and Preparedness

���� Military and Veterans' Affairs
Department

����������� Adjutant General

���� State Department

����������� Secretary of State

����������� Secretary of Higher
Education

���� Transportation Department

����������� Commissioner of
Transportation

����������� Chief Administrator,
New Jersey Motor Vehicle Commission

���� Treasury Department

����������� State Treasurer

����������� State Comptroller

����������� Chief Technology
Officer

���� Members, Board of Public
Utilities

(cf: P.L.2023, c.349, s.5)

���� 14.� This act shall take
effect immediately.

STATEMENT

���� This bill establishes the
Department of Commerce as a principal department in the Executive Branch of
State government.

���� The administrator and chief
executive officer of the department will be known as the Secretary of Commerce,
and who is to be a person qualified by training and experience to perform the
duties of the office. �The secretary will be appointed by the Governor, with
the advice and consent of the Senate, and will serve at the pleasure of the
Governor during the Governor's term of office and until the appointment and
qualification of the secretary's successor. �The secretary will devote their entire
time to the duties of the office and will receive a salary as provided by law. �Any
vacancy occurring in the office of the secretary will be filled in the same
manner as the original appointment.

���� The department and the secretary
are to be responsible for the activities of the State government in the support
and development of business, industry, and innovation through aid, promotion,
and advertising, domestic and foreign commerce, business and technological
growth, and any program as determined by the department.

���� The Business Action Center in
the Department of State is transferred, together with its functions, powers,
and duties, to the department.

���� The bill requires the
secretary to submit an annual State of Commerce report to the Governor and the
Legislature regarding the department's operations, business trends, key
metrics, and recommendations for improving State economic policy.

���� This bill provides that,
within three months of the effective date of the bill, after consultation with
all division directors, the secretary, after consultation with all division
directors, the State Treasurer, and the commissioners of appropriate commissions
and executive departments, including but not limited to the Department of Labor
and Workforce Development, the Department of State, the Department of
Environmental Protection, and the Office of the Secretary of Higher Education,�
is to prepare and submit a report to the Governor and to the Legislature
identifying: those functions and duties currently exercised by other
departments, divisions, agencies, commissions, councils, boards, offices, or
bureaus of State government relating to commerce, economic development, and
innovation that may be appropriately transferred to the department and those
functions and duties transferred to the department pursuant to the provisions
of this bill that may be appropriately transferred to other departments. The transfers
may be effectuated by executive order or law, as is necessary.

���� Within six months of the
effective date of the bill, the secretary, in consultation with the
Commissioner of Labor and Workforce Development, the State Treasurer, and the
Secretary of State, is required to jointly review the operations, personnel,
and staff organization of those agencies transferred from the Department of the
Treasury and the Department of State to the Department of Commerce and, with
the approval of the Civil Service Commission and the Office of Management and
Budget, establish a plan, if needed, for the reorganization and transfer of
personnel.