"Department of Commerce and Innovation Act"; establishes Department of Commerce and Innovation as principal department in Executive Branch of State government; appropriates $1 million.

A1486

ASSEMBLY, No. 1486

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ROY FREIMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblywoman MITCHELLE DRULIS

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblyman� CHRISTOPHER P. DEPHILLIPS

District 40 (Bergen, Essex and Passaic)

SYNOPSIS

���� "Department of Commerce and Innovation
Act"; establishes Department of Commerce and Innovation as principal
department in Executive Branch of State government; appropriates $1 million.

CURRENT VERSION OF TEXT

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

��

An Act

establishing the Department of Commerce and
Innovation as a principal department in the Executive Branch of the State
government, supplementing Title 52 of the Revised Statutes, amending various
parts of the statutory law, 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 �Department of Commerce and Innovation
Act.�

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

���� (1)�� New Jersey has
historically been a hub for business and industry in the United States, in
sectors that range from textiles and ceramics to pharmaceuticals and scientific
innovation, and it is the policy of this State to continue to be an economic
leader in this country.

���� (2)�� It is also the policy of
New Jersey to stimulate economic growth and development in ways that are
efficient and coordinated across all sectors, departments, and agencies;
however, this State has seen a decrease in coordination and centralization of
these efforts, starting with the abolishment of the Department of Commerce and
Economic Development (department) in 1998.

���� (3)�� With the abolishment of
the department, the New Jersey Commerce and Economic Growth Commission, later
renamed the New Jersey Commerce Commission (commission),
P.L.1998, c.44, s.3 (C.52:27C-63), amended by P.L.2007,
c.253, s.26, was established in but not of the Department of Treasury for the
purpose of streamlining the coordination of economic development in this State
to meet the demands of the 21st Century.

���� (4)�� In 2008, the commission
was also abolished and its functions, duties, offices, and programs were
dispersed among several departments and agencies, with tourism responsibilities
transferred to the Department of State, and most other functions and duties being
transferred to the New Jersey Economic Development Authority (authority), an
authority formerly housed within the department.

���� (5)�� Some of the functions
and duties of the commission were transferred to the Division of Business
Assistance, Marketing, and International Trade, which was established within
the authority with the abolishment of the commission, and, in 2011, was itself
renamed the Business Action Center and transferred to the Department of State
through Executive Reorganization Plan No. 003-2011.

���� (6)�� With the State
government�s gradual decentralization of economic growth policy and
administration, New Jersey has struggled to coordinate a cohesive policy
approach to attract and foster business, industry, and innovation in this
State, and in recent years has fallen behind other states, particularly in
science, technology, and engineering.

���� b.��� The Legislature,
therefore, determines that it is in the best interest of the citizens of this
State to establish a principal department within the Executive Branch to serve
as a centralized focus for business and industrial concerns, to serve as a
voice and advocate of the interests of the business and innovation community to
the Executive Branch and to the Legislature, to realign the functions and
duties of several State agencies in a coordinated manner to streamline the
administration of business assistance and innovation programs and policy, to
eliminate the confusion felt within the business community concerning the
myriad State programs and policy objectives that are difficult to navigate or
discover due to being spread across several State agencies and departments, and
to establish a strong, centralized business-centered State identity that will
again put New Jersey at the forefront of business, industry, and innovation in
this country.

���� 3.��� (New section) As used in
P.L.��� , c.��� (C.����� ) (pending before the Legislature as this bill):

"Commissioner"
means the Commissioner of the Department of Commerce and Innovation, the office
that is established pursuant to section 5 of P.L.��� , c.��� (C.����� )
(pending before the Legislature as this bill).

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

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

���� 5.��� (New section) The
administrator and chief executive officer of the department shall be a
commissioner, who shall be known as the Commissioner of Commerce and
Innovation, and who shall be a person qualified by training and experience to
perform the duties of the office. The commissioner 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 commissioner's successor. The commissioner
shall devote the commissioner�s entire time to the duties of the office and
shall receive a salary as shall be provided by law. Any vacancy occurring in
the office of the commissioner shall be filled in the same manner as the
original appointment.

���� 6.��� (New section) The
commissioner shall:

���� a.���� administer the work of
the department;

���� b.��� 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;

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

���� d.��� 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;

���� e.���� 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 commissioner may determine to be
necessary for efficient and effective operation of the department;

���� f.���� 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;

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

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

���� i.���� submit an annual 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, and render other reports as
the Governor shall from time to time request or as may be required by law;

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

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

���� l.���� 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 commissioner may deem
necessary in the performance of the functions of the department;

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

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

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

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

���� (1)�� business, industry, and
innovation through aid, promotion, and advertising;

���� (2)�� domestic and foreign
commerce;

���� (3)�� business and
technological growth; and

���� (4)�� any program as
determined by the department.

���� b.��� The department and
commissioner shall be responsible for research and statistics in the fields of
commerce, business, and innovation and the maintenance of a business
information service.

���� 9.��� (New section)��� The
department shall, to the maximum practicable extent, collaborate with the Chief
Innovation Officer of the State on statistical services and data processing
facilities so that unnecessary duplication will be avoided. The commissioner
shall collect and distribute relevant statistics in collaboration with the
Commissioner of Labor and Workforce Development and the Director of the Office
of Management and Budget in the Department of the Treasury and shall, from time
to time, cooperatively determine and agree upon the nature and extent of
assistance and services to be provided to the department by the Department of
Labor and Workforce Development so as to meet the requirements of the
department necessary to the reasonable exercise of its powers and the fulfillment
of its functions and duties as set forth in P.L.��� , c.��� (C.����� ) (pending
before the Legislature as this bill).

���� 10.� (New section)��� Within
three months of the effective date of P.L.��� , c.��� (C.����� ) (pending
before the Legislature as this bill), the commissioner, after consultation with
all division directors, the State Treasurer, and the commissioners of
appropriate commissions and executive departments, including but not
necessarily 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 the case may be.

���� 11.� (New section)��� a.�� Within
six months following the effective date of P.L.��� , c.��� (C.����� ) (pending
before the Legislature as this bill), the commissioner of the department, in
consultation with the Commissioner of Labor and Workforce Development, the
State Treasurer, and the Secretary of State, shall 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 Innovation 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) In addition
to the funds transferred to the department by P.L.��� , c.��� (C.����� )
(pending before the Legislature as this bill), there is appropriated the sum of
$1,000,000, or so much thereof as may be necessary, from the General Fund 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.� (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 and Innovation. Notwithstanding the provisions of any
law, rule, regulation, or order to the contrary, the commissioner 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.).

���� 14.� Section 22 of P.L.1988,
c.44 (C.52:27C-82) is amended to read as follows:

���� 22.� a.�� The New Jersey
Economic Development Authority, established pursuant to P.L.1974, c.80
(C.34:1B-1 et seq.), is transferred in but not of the Department of
[
the Treasury
]

Commerce
and Innovation
, but, notwithstanding this transfer, the New Jersey Economic
Development Authority shall be independent of any supervision and control by
the
[
department
]

Department
of Commerce and Innovation
or by any board or officer thereof.

���� b.��� Whenever, in any law,
rule, regulation, order, contract, document, judicial or administrative
proceeding or otherwise, reference is made to the New Jersey Economic
Development Authority, the same shall mean and refer to the New Jersey Economic
Development Authority in but not of the Department of
[
the Treasury
]

Commerce
and Innovation
. Notwithstanding the provisions of any law, rule, regulation
or order to the contrary, the
[
Board
of Directors
]

members
of the
[
commission
]

New Jersey
Economic Development Authority
shall appoint the executive director of the
New Jersey Economic Development Authority.

���� 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.).

���� d.��� The New Jersey Economic
Development Authority may develop and promulgate such rules and regulations in
accordance with the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.) as are necessary to implement the provisions of this act
and to effectuate the purposes of the New Jersey Economic Development Authority
as provided by law. Nothing herein shall alter the provisions of section 1 of
P.L.1979, c.303 (C.34:1B-5.1).

���� e.���� Regulations adopted by
the New Jersey Economic Development Authority shall continue with full force
and effect

until amended or repealed pursuant
to law.

(cf: P.L.2007, c.253, s.35)

���� 15.� Section 4 of P.L.1974,
c.80 (C.34:1B-4) is amended to read as follows:

4.� a.���� There is hereby
established in, but not of, the Department of
[
the
Treasury
]

Commerce and Innovation
a public body corporate and politic, with
corporate succession, to be known as the "New Jersey Economic Development
Authority." The authority is hereby constituted as an instrumentality of
the State exercising public and essential governmental functions, and the
exercise by the authority of the powers conferred by the provisions of
P.L.1974, c.80 (C.34:1B-1 et seq.) or section 6 of P.L.2001, c.401
(C.34:1B-4.1) shall be deemed and held to be an essential governmental function
of the State.

���� b.��� The authority shall
consist of the Commissioner of Banking and Insurance, the Commissioner of Labor
and Workforce Development, the Commissioner of Environmental Protection,
[
an officer or
employee of the Executive Branch of State government appointed by the Governor,
]

the
Commissioner of Commerce and Innovation,
and the State Treasurer, who shall
be members ex officio, and eight public members appointed by the Governor as
follows: two public members
[
(
]

,
who
shall not be legislators
[
)
]

,

shall be appointed by the Governor upon recommendation of the Senate President;
two public members
[
(
]

,
who
shall not be legislators
[
)
]

,

shall be appointed by the Governor upon recommendation of the Speaker of the
General Assembly; and four public members shall be appointed by the Governor,
all for terms of three years. In addition, a public member of the State
Economic Recovery Board established pursuant to section 36 of P.L.2002, c.43
(C.52:27BBB-36) appointed by the board, shall serve as a non-voting, ex officio
member of the authority. Each member shall hold office for the term of the
member's appointment and until the member's successor shall have been appointed
and qualified. A member shall be eligible for reappointment. Any vacancy in the
membership occurring other than by expiration of term shall be filled in the
same manner as the original appointment but for the unexpired term only. In the
event the authority shall by resolution determine to accept the declaration of
an urban growth zone by any municipality, the mayor or other chief executive
officer of such municipality shall ex officio be a member of the authority for
the purpose of participating and voting on all matters pertaining to such urban
growth zone.

���� The Governor shall appoint
three alternate members of the authority, of which one alternate member
[
(
]

,
who
shall not be a legislator
[
)
]

,

shall be appointed by the Governor upon the recommendation of the Senate
President, and one alternate member
[
(
]

,
who
shall not be a legislator
[
)
]

,

shall be appointed by the Governor upon the recommendation of the Speaker of
the General Assembly; and one alternate member shall be appointed by the
Governor, all for terms of three years. The chairperson may authorize an
alternate member, in order of appointment, to exercise all of the powers,
duties and responsibilities of such member, including, but not limited to, the
right to vote on matters before the authority.

���� Each alternate member shall
hold office for the term of the member's appointment and until the member's
successor shall have been appointed and qualified. An alternate member shall be
eligible for reappointment. Any vacancy in the alternate membership occurring
other than by the expiration of a term shall be filled in the same manner as
the original appointment but for the unexpired term only. Any reference to a
member of the authority in this act shall be deemed to include alternate
members unless the context indicates otherwise.

���� The terms of office of the
members and alternate members of the authority appointed by the Governor who
are serving on July 18, 2000 shall expire upon the appointment by the Governor
of eight public members and three alternate members. The initial appointments
of the eight public members shall be as follows: the two members appointed upon
the recommendation of the President of the Senate and the two members appointed
upon the recommendation of the Speaker of the General Assembly shall serve
terms of three years; two members shall serve terms of two years; and two
members shall serve terms of one year.� The initial appointments of the
alternate members shall be as follows: the alternate member appointed upon the
recommendation of the President of the Senate shall serve a term of three
years; the alternate member appointed upon the recommendation of the Speaker of
the General Assembly shall serve a term of two years; and one alternate member
shall serve a term of one year. No member shall be appointed who is holding
elective office.

���� c.���� Each member appointed
by the Governor may be removed from office by the Governor, for cause, after a
public hearing, and may be suspended by the Governor pending the completion of
such hearing. Each member before entering upon his duties shall take and subscribe
an oath to perform the duties of the office faithfully, impartially and justly
to the best of his ability. A record of such oaths shall be filed in the office
of the Secretary of State.

���� d.��� A chairperson shall be
appointed by the Governor from the public members. The members of the authority
shall elect from their remaining number a vice chairperson and a treasurer
thereof. The authority shall employ an executive director who shall be its secretary
and chief executive officer. The powers of the authority shall be vested in the
members thereof in office from time to time and seven members of the authority
shall constitute a quorum at any meeting thereof; provided, however, that the
public member designated by the State Economic Recovery Board pursuant to the
"Municipal Rehabilitation and Economic Recovery Act,"
P.L.2002, c.43 (C.52:27BBB-1 et al.) shall not count
toward the quorum.� Action may be taken and motions and resolutions adopted by
the authority at any meeting thereof by the affirmative vote of at least seven
members of the authority. No vacancy in the membership of the authority shall
impair the right of a quorum of the members to exercise all the powers and
perform all the duties of the authority.

���� e.���� Each member of the
authority shall execute a bond to be conditioned upon the faithful performance
of the duties of such member in such form and amount as may be prescribed by
the Director of the Division of Budget and Accounting in the Department of the Treasury.�
Such bonds shall be filed in the office of the Secretary of State. At all times
thereafter the members and treasurer of the authority shall maintain such bonds
in full force and effect. All costs of such bonds shall be borne by the
authority.

���� f.���� The members of the
authority shall serve without compensation, but the authority shall reimburse
its members for actual expenses necessarily incurred in the discharge of their
duties. Notwithstanding the provisions of any other law, no officer or employee
of the State shall be deemed to have forfeited or shall forfeit any office or
employment or any benefits or emoluments thereof by reason of the acceptance of
the office of ex officio member of the authority or any services therein.

���� g.��� Each ex officio member
of the authority may designate an officer or employee of the member's
department to represent the member at meetings of the authority, and each such
designee may lawfully vote and otherwise act on behalf of the member for whom
the person constitutes the designee. Any such designation shall be in writing
delivered to the authority and shall continue in effect until revoked or
amended by writing delivered to the authority.

���� h.��� The authority may be
dissolved by act of the Legislature on condition that the authority has no
debts or obligations outstanding or that provision has been made for the
payment or retirement of such debts or obligations. Upon any such dissolution
of the authority, all property, funds and assets thereof shall be vested in the
State.

���� i.���� A true copy of the
minutes of every meeting of the authority shall be forthwith delivered by and
under the certification of the secretary thereof to the Governor. No action
taken at such meeting by the authority shall have force or effect until 10
days, Saturdays, Sundays, and public holidays excepted, after the copy of the
minutes shall have been so delivered, unless during such 10-day period the
Governor shall approve the same in which case such action shall become
effective upon such approval. If, in that 10-day period, the Governor returns
such copy of the minutes with veto of any action taken by the authority or any
member thereof at such meeting, such action shall be null and void and of no
effect. The powers conferred in this subsection i. upon the Governor shall be
exercised with due regard for the rights of the holders of bonds and notes of
the authority at any time outstanding, and nothing in, or done pursuant to,
this subsection i. shall in any way limit, restrict or alter the obligation or
powers of the authority or any representative or officer of the authority to
carry out and perform in every detail each and every covenant, agreement or
contract at any time made or entered into by or on behalf of the authority with
respect to its bonds or notes or for the benefit, protection or security of the
holders thereof.

���� j.���� On or before March 31
in each year, the authority shall make an annual report of its activities for
the preceding calendar year to the Governor and the Legislature.� Each such
report shall set forth a complete operating and financial statement covering the
authority's operations during the year. The authority shall cause an audit of
its books and accounts to be made at least once in each year by certified
public accountants and cause a copy thereof to be filed with the Secretary of
State and the Director of the Division of Budget and Accounting in the
Department of the Treasury.

���� k.��� The Director of the
Division of Budget and Accounting in the Department of the Treasury and the
director's legally authorized representatives are hereby authorized and
empowered from time to time to examine the accounts, books and records of the
authority including its receipts, disbursements, contracts, sinking funds,
investments
,
and any other matters relating thereto and to its financial
standing.

���� l.���� No member, officer,
employee
,
or agent of the authority shall be interested, either directly
or indirectly, in any project or school facilities project, or in any contract,
sale, purchase, lease or transfer of real or personal property to which the
authority is a party.

(cf: P.L.2008, c.27, s.27)

���� 16.� Section 3 of P.L.1985,
c.102 (C.52:9X-3) is amended to read as follows:

���� 3.��� The New Jersey
Commission on Science, Innovation and Technology is created and established in
the Executive Branch of the State Government. For the purposes of complying
with the provisions of Article V, Section IV, paragraph 1 of the New Jersey
Constitution, the commission is allocated within the Department of
[
the Treasury
]

Commerce
and Innovation
, but notwithstanding this allocation, the commission shall
be independent of any supervision or control by the department or by any board
or officer thereof.

(cf: P.L.2018, c.91, s.4)

���� 17.� Section 25 of P.L.1998,
c.44 (C.52:27C-85) is amended to read as follows:

���� 25.� a.� The New Jersey
Commission on Science, Innovation and Technology, established pursuant to P.L.1985, c.102

(C.52:9X-1 et seq.), is transferred in but not of the Department
of
[
the
Treasury
]

Commerce and Innovation
, but notwithstanding this transfer, the New
Jersey Commission on Science, Innovation and Technology shall be independent of
any supervision and control by the department or by any board or officer
thereof. Notwithstanding the provisions of any law, rule, regulation, or order
to the contrary, the members of the New Jersey Commission on Science
,
Innovation
and Technology shall appoint the Executive Director of the New
Jersey Commission on Science, Innovation and Technology.

���� b.��� Whenever, in any law,
rule, regulation, order, contract, document, judicial or administrative
proceeding, or otherwise, reference is made to the New Jersey Commission on
Science and Technology, the same shall mean and refer to the New Jersey
Commission on Science, Innovation and Technology in but not of the Department
of
[
the
Treasury
]

Commerce and Innovation
.

���� 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.).

���� d.��� The New Jersey Commission
on Science, Innovation and Technology may, subject to the commission's
approval, develop and promulgate such rules and regulations in accordance with
the "Administrative Procedure Act," P.L.1968, c.410

(C.52:14B-1 et seq.) as are necessary to implement the
provisions of this act and to effectuate the purposes of the New Jersey
Commission on Science
, Innovation
and Technology as provided by law.

���� e.���� Regulations adopted by
the New Jersey Commission on Science, Innovation and Technology shall continue
with full force� and effect until amended or repealed pursuant to law.

(cf: P.L.2018, c.91, s.12)

���� 18.� 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
$175,000 in calendar year 2018 and thereafter:

���� Title

Agriculture Department

���� Secretary of Agriculture

Children and Families Department

���� Commissioner of Children and
Families

Commerce and Innovation
Department

����
Commissioner of Commerce
and Innovation

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

Law and Public Safety Department

���� Attorney General

Military and Veterans' Affairs
Department

���� Adjutant General

State Department

���� Secretary of State

Transportation Department

���� Commissioner of Transportation

Treasury Department

���� State Treasurer

Members, Board of Public Utilities

(cf: P.L.2018, c.14, s.2)

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

STATEMENT

���� This bill establishes the
Department of Commerce and Innovation (department) as a principal department in
the Executive Branch of the State government. New Jersey has historically been
a hub for business and industry in the United States, in sectors that range
from textiles and ceramics to pharmaceuticals and scientific innovation, and it
is the policy of this State to continue to be an economic leader in this
country. It is also the policy of New Jersey to stimulate economic growth and
development in ways that are efficient and coordinated across all sectors,
departments, and agencies; however, this State has seen a decrease in
coordination and centralization of these efforts, starting with the abolishment
of the Department of Commerce and Economic Development (Commerce Department) in
1998.

���� With the abolishment of the
Commerce Department, the New Jersey Commerce and Economic Growth Commission,
later renamed the New Jersey Commerce Commission (commission), was established
in but not of the Department of the Treasury for the purpose of streamlining
the coordination of economic development in this State to meet the demands of
the 21st Century.

���� Yet, in 2008, the commission
was also abolished and its functions, duties, offices, and programs were
dispersed among several departments and agencies, with tourism responsibilities
transferred to the Department of State, and most other functions and duties
being transferred to the New Jersey Economic Development Authority (authority),
an authority formerly housed within the Commerce Department.

���� Some of the functions and
duties of the commission were transferred to the Division of Business
Assistance, Marketing, and International Trade, which was established within
the authority with the abolishment of the commission, and, in 2011, was itself
renamed the Business Action Center and transferred to the Department of State
through Executive Reorganization Plan No. 003-2011.

���� With the State government�s
gradual decentralization of economic growth policy and administration, New
Jersey has struggled to coordinate a cohesive policy approach to attract and
foster business, industry, and innovation in this State, and in recent years
has fallen behind other states, particularly in science, technology, and
engineering. It is in the best interest of the citizens of this State to
establish a principal department within the Executive Branch to serve as a
centralized focus for business and industrial concerns, to serve as a voice and
advocate of the interests of the business and innovation community to the
Executive Branch and to the Legislature, to realign the functions and duties of
several State agencies in a coordinated manner to streamline the administration
of business assistance and innovation programs and policy, to eliminate the
confusion felt within the business community concerning the myriad State
programs and policy objectives that are difficult to navigate or discover due to
being spread across several State agencies and departments, and to establish a
strong, centralized business-centered State identity that will again put New
Jersey at the forefront of business, industry, and innovation in this country.

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

���� The department and the
commissioner 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
department and commissioner also are to be responsible for research and
statistics in the fields of commerce, business, and innovation and maintenance
of a business information service.

���� The Business Action Center in
the Department of State, the Economic Development Authority in but not of the
Department of the Treasury, and the New Jersey Commission on Science,
Innovation and Technology in but not of the Department of the Treasury, are to
be transferred, together with all functions, powers, and duties, to the
department. This bill amends existing law to add the commissioner to the board
of the authority.

���� This bill provides that,
within three months of the effective date of this bill, after consultation with
all division directors, the State Treasurer, and the commissioners of
appropriate commissions and executive departments, including but not necessarily
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, the commissioner 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 the case may be.