Bill Text: NJ A1043 | 2010-2011 | Regular Session | Introduced

New Jersey Assembly Bill 1043 (Prior Session Legislation)

Introduced

Bill Title: Abolishes Department of Personnel and New Jersey Commerce, Economic Growth and Tourism Commission and makes certain transfers; abolishes various other statutory entities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly State Government Committee [A1043 Detail]

Download: New_Jersey-2010-A1043-Introduced.html

ASSEMBLY, No. 1043

STATE OF NEW JERSEY

214th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

Sponsored by:

Assemblyman JOSEPH R. MALONE, III

District 30 (Burlington, Mercer, Monmouth and Ocean)

SYNOPSIS

Abolishes Department of Personnel and New Jersey Commerce, Economic Growth and Tourism Commission and makes certain transfers; abolishes various other statutory entities.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel

An Act abolishing the Department of Personnel, the New Jersey Commerce, Economic Growth and Tourism Commission and various other statutory entities, amending, supplementing and repealing various parts of the statutory law.

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

1. (New section) a. The Department of Personnel as established by N.J.S.A.11A:1-1 et seq. is abolished as a principal department in the Executive Branch of State Government and its functions, powers and duties, and those of the Commissioner of Personnel and the Merit System Board, as well as the divisions subdivisions, officers and employees thereof are transferred in accordance with this act to the Department of the Treasury.

b. The office of the Commissioner of Personnel is terminated, and the positions of any assistants and deputies are hereby terminated.

c. This act shall not affect the orders, rules and regulations heretofore made or promulgated by the Merit System Board or the Commissioner of Personnel, but such orders, rules and regulations shall continue with full force and effect until amended or repealed by the appropriate State office or officer.

d. This act shall not affect the tenure, compensation, and pension rights, if any, of the holder of a position not specifically abolished herein in office upon the effective date of this act, nor alter the term of a member of a board, commission, or public body, not specifically abolished herein, in office on the effective date of this act, or require the reappointment thereof. Nothing in this act shall be construed to deprive any person of any right or protection provided to the person by Title 11A of the New Jersey Statutes, Civil Service, or under any pension law or retirement system.

e. Acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, superseded.

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

Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Department of Personnel, Merit System Board or Commissioner of Personnel, the same shall mean and refer to the department, officer, board or agency to which the relevant function, power or duty referred to in the law, rule, regulation, order, contract, document, judicial or administrative proceeding has been transferred pursuant to this act.

g. This act shall not affect actions or proceedings, civil or criminal, brought by or against any office or officer, the functions, powers and duties of which have been herein transferred from the Department of Personnel, and pending on the effective date of this act, and such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by the department, officer, board or agency to which such transfer has been made hereunder, as if the provisions of this section had not taken effect, nor shall any of the provisions affect any order or recommendation made by, or other matters or proceedings before, any office or officer, the functions, powers and duties of which have been herein transferred from the Department of Personnel, and all such matters or proceedings pending before such office or officer on the effective date of this act shall be continued by the department, officer, board or agency to which such assignment or transfer has been made hereunder, as if the provisions of this section had not taken effect.

h. This act shall not affect the validity of any certificate, authorization or other document, heretofore filed with the department or commissioner or issued to any person under any prior law, when the functions, powers and duties of such filings or issuances have been herein transferred or assigned to a department, officer, board or agency in the Executive Branch, but all such filings and issuances shall in all other respects be subject to the provisions of this act and to the respective provisions of law governing or regulating such filings and issuances.

i. Whenever a law directs a filing, publication, deposit, certification, transmission, recording, issuance, receipt, designation, or other action from or by, the Department of Personnel, Commissioner of Personnel, or Merit System Board, those functions, powers and duties shall be transferred and assumed by the Department of Treasury, unless otherwise provided by a Governor's reorganization plan executed pursuant to P.L.1969, c.203 (C.52:14C-1 et seq.).

j. Entities created by executive order and placed within the Department of Personnel or administered by the office of the Commissioner of Personnel shall be transferred to the Department of the Treasury.

k. There shall be established in the Department of the Treasury a Merit System Board, to be constituted as provided by law. The Merit System Board shall have and exercise all of the functions, powers and duties conferred and imposed upon it by law.

2. N.J.S.11A:2-2 is amended to read as follows:

11A:2-2: Implementation.

The [department] State Treasurer through the Department of the Treasury shall implement and enforce this title.

(cf: 11A:2-2)

3. N.J.S.11A:2-11 is amended to read as follows:

11A:2-11. Powers and duties of the [commissioner] State Treasurer. In addition to other powers and duties vested in the [commissioner] State Treasurer by this title or any other law, the [commissioner] State Treasurer:

a. Shall be the principal executive and request officer [of the department], allocating the functions and activities of the [department among departmental subdivisions] civil service system as the [commissioner] State Treasurer may establish;

b. May appoint one deputy [commissioner], who shall be in the unclassified service, and may appoint other necessary employees. All employees shall be confidential employees for the purposes of the "New Jersey Employer-Employee Relations Act," P.L. 1941, c. 100 (C. 34:13A-1 et seq.);

c. Shall maintain a management information system necessary to carry out the provisions of this title;

d. Shall have the authority to audit payrolls, reports or transactions for conformity with the provisions of this title;

e. Shall plan, evaluate, administer and implement personnel programs and policies in State government and political subdivisions operating under this title;

f. Shall establish and supervise the selection process and employee performance evaluation procedures;

g. Shall develop programs to improve efficiency and effectiveness of the public service, including, but not limited to, employee training, development, assistance and incentives;

h. Shall set standards and procedures for review and render the final administrative decision on a written record or after recommendation by an independent reviewer assigned by the [commissioner] State Treasurer of appeals from classification, salary, layoff rights and in the State service noncontractual grievances;

i. May establish pilot programs and other projects for a maximum of one year outside of the provisions of this title;

j. Shall provide for a public employee interchange program pursuant to the "Government Employee Interchange Act of 1967," P.L.1967, c.77 (C.52:14-6.10 et seq.) and may provide for an employee interchange program between public and private sector employees;

k. May establish an internship program;

l. Shall assist the Governor in general work force planning, personnel matters and labor relations;

m. Shall establish and consult with advisory boards representing political subdivisions, personnel officers, labor organizations and other appropriate groups;

n. Shall make an annual report to the Governor and Legislature and all other special or periodic reports as may be required. The annual report shall indicate the number of persons, by title, who, on March 31, June 30, September 30, and December 31 of each year, held appointments to positions in the senior executive service and the number of noncareer employees by title, who, on those same dates, held appointments in positions in the senior executive service;

o. Shall have the authority to assess costs for special or other services; and

p. Shall recommend rules to the board for the implementation of this title.

(cf: 11A:2-11)

4. (New section) a. The New Jersey Commerce, Economic Growth and Tourism Commission created by P.L.1998, c.44 (C.52:27C-61 et seq.) is abolished as a commission in the Executive Branch of State government, and all of its functions, powers and duties, except as otherwise provided in this act, are hereby terminated.

b. The office and term of the Chief Executive and Secretary of the New Jersey Commerce, Economic Growth and Tourism Commission and of the consultants, employees, assistants, deputies, and directors of the various divisions and departments of the New Jersey Commerce, Economic Growth and Tourism Commission, and of the Board of Directors, except as otherwise provided in this act, are hereby terminated.

c. This act shall not affect the orders, rules and regulations heretofore made or promulgated by the New Jersey Commerce, Economic Growth and Tourism Commission, but such orders, rules and regulations shall continue with full force and effect until amended or repealed by the appropriate State office or officer.

e. Acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, superseded and repealed.

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

g. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Chief Executive and Secretary of the New Jersey Commerce, Economic Growth and Tourism Commission or the New Jersey Commerce, Economic Growth and Tourism Commission, or the Chief Executive and Secretary of the New Jersey Commerce and Economic Growth Commission, or the New Jersey Commerce and Economic Growth Commission, the same shall mean and refer to the department, office or commission to which the relevant function, power or duty referred to in the law, rule, regulation, order, contract, document, judicial or administrative proceeding has been transferred pursuant to this act.

h. This act shall not affect actions or proceedings, civil or criminal, brought by or against any office or officer, the functions, powers, and duties of which have been herein transferred from the New Jersey Commerce, Economic Growth and Tourism Commission, and pending on the effective date of this act, and such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by the department, officer, or commission to which such transfer has been made hereunder, as if the provisions of this section had not taken effect, nor shall any of the provisions affect any order or recommendation made by, or other matters or proceedings before, any office or officer, the functions, powers, and duties of which have been herein transferred from the New Jersey Commerce, Economic Growth and Tourism Commission, and all such matters or proceedings pending before such office or officer on the effective date of this act shall be continued by the department, officer, or commission to which such assignment or transfer has been made hereunder, as if the provisions of this section had not taken effect.

i. All commissions, offices, departments, divisions, or boards created by executive order and placed within the New Jersey Commerce, Economic Growth and Tourism Commission or administered by the commission shall be transferred to the Department of Treasury, except that the Office of Travel and Tourism shall be transferred to the Department of State. The Governor may make such allocation by executive order as the Governor deems appropriate of the entities named above.

5. Section 5 of P.L.2000, c.73 (C.27:1B-21.18) is amended to read as follows:

5. No later than January 1, 2001, the [Chief Executive Officer and Secretary of the New Jersey Commerce and Economic Growth Commission, in consultation with the] commissioner and the State Treasurer, shall submit a report to the Legislature containing a program to identify sectors of the economy, or specific occupations, which are appropriate for telecommuting to increase telecommuting in the State.

(cf: P.L.2000, c.73, s.5)

6. Section 2 of P.L.1977, c.225 (C.34:1A-46) is amended to read as follows:

2. The Legislature hereby finds and declares that:

a. Increased revenues for this State and more employment opportunities for its citizens will result from the proper promotion throughout the United States and the world of the many tourist attractions which New Jersey has to offer to vacationers and travelers.

b. Such proper promotion--and the desired expansion of tourism in New Jersey--will be enhanced by the formulation of a master plan for the development of the tourist industry throughout New Jersey.

c. The objective of State policy through its programs, agencies, and resources shall be to provide an optimum of satisfaction and high-quality service to visitors, to protect the natural beauty of New Jersey, and to sustain, promote, and expand the economic health of the tourist industry in a manner and to the extent compatible with such goals.

d. To implement this policy, the [Commerce, Economic Growth and Tourism Commission] Department of State shall create advertisements for use on television, radio, the Internet and in print, to promote the State's diverse appeal to prospective national and international vacationers and travelers as part of its advertising, public relations, and marketing campaign. In addition, as required pursuant to section 9 of P.L.1977, c.225 (C.34:1A-53), the Division of Travel and Tourism shall annually review the 10-year master plan developed pursuant to section 8 of P.L.1977, c.225 (C.34:1A-52) by the director of the division with the assistance of the New Jersey Tourism Policy Council, and submit a report to the Governor and Legislature containing an evaluation of the preceding year's activities and developments in tourism and the revisions recommended in the master plan.

e. In the advancement and promotion of New Jersey's tourism industry, it is necessary to [change the name of the New Jersey Commerce and Economic Growth Commission to the New Jersey Commerce, Economic Growth and Tourism Commission and to] require that the division report semiannually to the Governor and the Legislature on the efforts of the [commission] division and the department to promote tourism in New Jersey and on the expenditure of funds allocated to tourism advertising and promotion from hotel and motel occupancy fees pursuant to section 2 of P.L.2003, c.114 (C.54:32D-2). As tourism may be particularly sensitive to changing economic conditions, a frequent review of the State's tourism planning and activities may necessitate revisions in the State's tourism policy to further encourage tourism promotion and to otherwise meet the challenges of implementing this policy.

(cf: P.L.2005, c.378, s.1)

7. Section 3 of P.L.1977, c.225 (C.34:1A-47) is amended to read as follows:

3. As used in this act, unless a different meaning appears from the context:

["Commission" means the New Jersey Commerce, Economic Growth and Tourism Commission established pursuant to section 3 of P.L.1998, c.44 (C.52:27C-63).]

"Council" means the New Jersey Tourism Policy Council.

"Department" means the Department of State.

"Director" means the Director of the Division of Travel and Tourism.

"Division" means the Division of Travel and Tourism in the [New Jersey Commerce, Economic Growth and Tourism Commission] Department of State.

"Elected local official" means the county executive of any county wherein that office is established, a member of the governing body of a county, or a mayor or member of the governing body of a municipality.

"Tourism" means activities involved in providing and marketing services and products, including accommodations, for nonresidents and residents who travel to and in New Jersey for recreation and pleasure.

"Tourist industry" means the industry consisting of private and public organizations which directly or indirectly provide services and products to nonresidents and residents who travel to and in New Jersey for recreation and pleasure.

(cf: P.L.2005, c.378, s.2)

8. Section 4 of P.L.1977, c.225 (C.34:1A-48) is amended to read as follows:

4. There is hereby established in the [New Jersey Commerce, Economic Growth and Tourism Commission ("commission")] Department of State the Division of Travel and Tourism. The division shall be under the supervision of a director, who shall be a person qualified by training and experience to direct the work of such division. The director shall be appointed by the Governor after consultation with the council and with the advice and consent of the Senate. The director shall serve during the term of office of the Governor appointing the director and until the director's successor is appointed and qualified. The director shall receive such salary as shall be provided by law and shall devote the director's entire time and attention to the duties of the director's office and shall not, while in office, engage in any other gainful pursuit. The Governor may remove the director from office for cause, upon notice and opportunity to be heard.

(cf: P.L.2005, c.378, s.3)

9. Section 7 of P.L.1977, c.225 (C.34:1A-51) is amended to read as follows:

7. a. There is created in the division the New Jersey Tourism Policy Council which shall consist of 23 members:

(1) Two members of the Senate, who shall serve as ex officio, non-voting members to be appointed by the President thereof, not more than one of whom shall be of the same political party, and two members of the General Assembly, who shall serve as ex officio, non-voting members to be appointed by the Speaker thereof, not more than one of whom shall be of the same political party;

(2) Nine public members, who shall be residents of this State, not more than five of whom shall be of the same political party, who shall be appointed by the Governor with the advice and consent of the Senate, who shall include persons who by experience or training represent the areas of the tourist industry as follows:

One representative of the lodging sector;

One representative of the food service sector;

One representative of the eco-tourism sector;

One representative of the cultural arts sector;

One representative of the convention and visitor bureaus or tour/receptive services sectors;

One representative of the entertainment or amusement sector;

One representative of the outdoor recreation sector;

One representative of the historical community; and

One representative of a Statewide travel and tourism association representing the various sectors of the tourism industry;

(3) The [Chief Executive Officer and Secretary of the commission] Secretary of State, who shall serve ex officio as a voting member and chair of the council;

(4) Six elected local officials, not more than three of whom shall be of the same political party, who shall be appointed by the Governor with the advice and consent of the Senate, and of whom one shall be a resident of Cape May or Cumberland County, one shall be a resident of Atlantic County, one shall be a resident of Burlington, Camden, Gloucester, Mercer or Salem County, one shall be a resident of Monmouth or Ocean County, one shall be a resident of Bergen, Essex, Hudson, Middlesex, Passaic or Union County, and one shall be a resident of Hunterdon, Morris, Somerset, Sussex or Warren County; and

(5) The executive directors of the New Jersey Sports and Exposition Authority, the Casino Reinvestment Development Authority, and the Atlantic City Convention Center Authority, or their designees, all of whom shall serve ex officio and as voting members.

b. (1) The public members of the council shall be appointed to three-year terms, except that public members initially appointed on or after the effective date of P.L.2005, c.378, representing the lodging, food service, and eco-tourism sectors shall be appointed to a two-year term, and public members representing the cultural arts and outdoor recreation sectors and the historical community shall be appointed to a one-year term. Public members shall serve until their successors are appointed and qualified. Vacancies occurring other than by expiration of term shall be filled for the unexpired term only.

(2) The term of appointment, as a member of the council, of an elected local official appointed pursuant to paragraph 4 of subsection a. of this section shall be the same as the term of office, as an elected local official, that the person is serving at the time of such appointment. In the event that a member of the council appointed pursuant to that paragraph no longer serves as an elected local official, the term of appointment for that member shall cease and the Governor may, with the advice and consent of the Senate, appoint a replacement to serve for the remainder of the unexpired term. In the case of a person who, at the time of such appointment, serves as an elected local official in two different offices, the term of the person's appointment to the council shall be measured by the longer of the terms as an elected local official. Nothing in this paragraph shall preclude the reappointment as an elected local official member of the council of a person whose term of office as such elected local official has expired, but who has been reelected to succeed himself in the same local office.

c. (Deleted by amendment, P.L.1991, c.280).

d. (Deleted by amendment, P.L.1991, c.280).

e. The members of the council shall serve without compensation but shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties as members.

f. (Deleted by amendment, P.L.1991, c.280).

g. The council shall meet at the call of the chair and not less than once every month.

h. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the New Jersey Tourism Advisory Council, the same shall mean and refer to the New Jersey Tourism Policy Council in the Division of Travel and Tourism.

(cf: P.L.2005, c.378, s.4)

10. Section 9 of P.L.1977, c.225 (C.34:1A-53) is amended to read as follows:

9. In the pursuance and promotion of a State policy on tourism, the division, at the direction of the [Chief Executive Officer and Secretary of the commission] Secretary of State, shall:

a. Provide and promote adequate opportunities for county and municipal participation, Federal agency participation, and private citizens' involvement in the decision-making process of tourism planning and policy formulation;

b. Encourage all State, county, and municipal governmental and private agencies to do their utmost to assure the personal safety of residents and tourists both within and without tourist destination areas;

c. Take whatever administrative, litigable, and legislative steps as are necessary to minimize the problems of tourists in not receiving contracted services, including transportation, tours, hotels;

d. Attempt to reconcile and balance the activities and accommodations of the tourist with the daily pursuits and lifestyles of the residents;

e. Develop an understanding among all citizens of the role of tourism in New Jersey, both in terms of its economic and social importance and the problems it presents, through appropriate formal and informal learning experiences;

f. Cooperate with the Department of Education to promote throughout the educational system of New Jersey an awareness of New Jersey history and culture;

g. Ensure that the growth of the tourist industry is consistent with the attainment of economic, social, physical, and environmental objectives in any State plan and county plans that are adopted;

h. Continuously monitor and evaluate the social costs of growth of the tourist industry against the social benefits;

i. Emphasize in the State's tourism promotional efforts the high quality of the State's natural and cultural features;

j. Promote the tourist industry through such activities as Visitors Bureaus and similar county and municipal agencies, and assure that the tourist industry contributes its fair share of the cost of such promotion;

k. Request and receive from any department, division, board, bureau, commission, or other agency of the State, or any political subdivision or public authority thereof, such assistance and data as may be necessary to enable the division to carry out its responsibilities under this act;

l. In consultation with the council, review annually and, if necessary, revise or update the 10-year master plan developed pursuant to section 8 of P.L.1977, c.225 (C.34:1A-52), and submit a report to the Governor and the Legislature containing an evaluation of the preceding year's activities and developments in tourism and the revisions recommended in the master plan;

m. At the direction of the council, operate the [commission's] Travel and Tourism Cooperative Marketing Campaign Program; and

n. Establish and operate the [commission's] Travel and Tourism Advertising and Promotion Program.

(cf: P.L.2005, c.378, s.6)

11. Section 8 of P.L.2005, c.378 (C.34:1A-53.1) is amended to read as follows:

8. In addition to the powers and duties of the division as provided in section 9 of P.L.1977, c.225 (C.34:1A-53), the division shall submit a report no later than January 31 and July 31 of every year on the tourism marketing campaigns [of the commission] and the expenditure of funds appropriated [to the commission] for tourism promotion to the Governor, the President of the Senate, the Speaker of the General Assembly, the Senate Wagering, Tourism and Historic Preservation Committee and the Assembly Tourism and Gaming Committee, or their successors. The report shall include, but not be limited to, the following information:

a. A description of the efforts of the [commission] Department of State to promote New Jersey tourism in the six-month period ending on December 31 and June 30 preceding the respective dates on which the report is due. The report shall list: (1) the type of each promotion made, including but not limited to, promotions in the form of print, radio, Internet or television advertisements, tourism information or reference guides, tourism event calendars or the attendance by commission employees at conferences relevant to tourism promotion, (2) the content of each such advertisement, guide, calendar or other promotional aid made, or conference attended, (3) the dates and locations where tourism advertisements were shown, when such guides, calendars or other promotional aids were made available, or when such conferences took place, and (4) the aggregate amount of money expended on each advertisement, guide, calendar, promotional aid or conference listed;

b. A list of entities that received, in the six-month period ending on December 31 and June 30 preceding the respective dates on which the report is due, State matching funds under the [commission's] Travel and Tourism Cooperative Marketing Campaign Program and the [commission's] Advertising and Promotion Program, the amount of funds each entity received from either program, and the amount of each of the recipient entity's expenditures made from the funds of either program; and

c. A general description of the potential tourism promotion efforts the [commission] Department of State is considering for the six-month period beginning on January 1 and July 1 preceding the respective dates on which the report is due. Such description shall be distributed to the members of the council. A member of the public may receive a copy of such description upon request.

The report shall identify whether or not each of the efforts to promote tourism listed in the report is consistent with the provisions of the 10-year master plan developed pursuant to section 8 of P.L.1977, c.225 (C.34:1A-52), identify the relevant provisions of the master plan with which the effort to promote tourism is consistent or inconsistent, and provide an explanation of the consistency or inconsistency.

(cf: P.L.2005, c.378, s.8)

12. Section 10 of P.L.1977, c.225 (C.34:1A-54) is amended to read as follows:

10. The council shall:

a. Aid the division in the formulation and updating of the 10-year master plan developed pursuant to section 8 of P.L.1977, c.225 (C.34:1A-52) and the annual review thereof;

b. Consider all matters referred to it by the [Chief Executive Officer and Secretary of the commission] Secretary of State;

c. Make recommendations to the division on any matter relating to tourism and the tourist industry in New Jersey and to those objectives and responsibilities specified in sections 8 and 9 of P.L.1977, c.225 (C.34:1A-52 and C.34:1A-53);

d. Direct the division to review the spending of funds by the regional tourism councils and provide comments and recommendations to such councils on the spending of funds when appropriate;

e. Direct the division to encourage the development of local marketing organizations, including but not limited to destination marketing organizations and convention and visitor bureaus;

f. Direct the division to ensure that a recipient of funding by the [commission] Department of State for tourism promotion is in compliance with all terms of the funding agreement, and that the recipient's promotional message is consistent with the promotional message for the State established by the [Chief Executive Officer and Secretary of the commission] Secretary of State;

g. Direct the division on the operation of the [commission's] Travel and Tourism Cooperative Marketing Campaign Program;

h. Commission the New Jersey Center for Hospitality and Tourism at Richard Stockton College of New Jersey to conduct an annual survey and analysis of New Jersey's tourism industry for the purpose of providing data to improve the effectiveness of tourism promotion. The council shall direct the division to make the survey and analysis results available to tourism groups throughout the State. In a year during which the New Jersey Center for Hospitality and Tourism is unable or unavailable to conduct the survey and analysis, the council shall choose another entity to conduct the survey and analysis for that year; and

i. Perform other duties as assigned by the [Chief Executive Officer and Secretary of the commission] Secretary of State.

(cf: P.L.2005, c.378, s.7)

13. Section 28 of P.L.2005, c.354 (C.34:1A-87) is amended to read as follows:

28. The center shall be managed by a Steering Committee comprised of the Commissioners of Community Affairs, Education, Health and Senior Services, Human Services, and Labor and Workforce Development; the Executive Directors of the Commission on Higher Education and the State Employment and Training Commission; the [Secretary and Chief Executive Officer of the New Jersey Commerce, Economic Growth and Tourism Commission] Secretary of State; the Director of the Division of Vocational Rehabilitation Services; a director or member of a Workforce Investment Board as designated by the Executive Director of the State Employment and Training Commission; and a One-Stop Career Center operator as designated by the Commissioner of Labor and Workforce Development. The committee shall set policy for the operation of the center and shall have the authority to increase membership of the committee, as it deems necessary, to carry out the purposes of sections 25 through 29 of P.L.2005, c.354 (C.34:1A-86 through C.34:1A-88).

(cf: P.L.2005, c.354, s.28)

14. 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 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 Chief Executive Officer and Secretary of the New Jersey Commerce and Economic Growth Commission], the Commissioner of Labor and Workforce Development, the Commissioner of Education, 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.2002, c.43, s.69)

15. Section 2 of P.L.1996, c.25 (C.34:1B-113) is amended to read as follows:

2. As used in this act:

"Advanced computing" means a technology used in the designing and developing of computing hardware and software, including innovations in designing the full spectrum of hardware from hand-held calculators to super computers, and peripheral equipment;

"Advanced computing company" means a person with headquarters or base of operations located in New Jersey and engaged in the research, development, production, or provision of advanced computing for the purpose of developing or providing products or processes for specific commercial or public purposes;

"Advanced materials" means materials with engineered properties created through the development of specialized processing and synthesis technology, including ceramics, high value-added metals, electronic materials, composites, polymers, and biomaterials;

"Advanced materials company" means a person with headquarters or base of operations located in New Jersey and engaged in the research, development, production, or provision of advanced materials for the purpose of developing or providing products or processes for specific commercial or public purposes;

"Biotechnology" means the continually expanding body of fundamental knowledge about the functioning of biological systems from the macro level to the molecular and sub-atomic levels, as well as novel products, services, technologies and sub-technologies developed as a result of insights gained from research advances which add to that body of fundamental knowledge;

"Biotechnology company" means a person with headquarters or base of operations located in New Jersey and engaged in the research, development, production, or provision or biotechnology for the purpose of developing or providing products or processes for specific commercial or public purposes, including, but not limited to, medical, pharmaceutical, nutritional, and other health-related purposes, agricultural purposes, and environmental purposes, or a person with headquarters or base of operations located in New Jersey and engaged in providing services or products necessary for such research, development, production, or provision;

"Business retention or relocation grant of tax credits" or "grant of tax credits" means a grant which consists of the value of corporation business tax credits against the liability imposed pursuant to section 5 of P.L.1945, c.162 (C.54:10A-5) or credits against the taxes imposed on insurers pursuant to P.L.1945, c.132 (C.54:18A-1 et seq.), section 1 of P.L.1950, c.231 (C.17:32-15), and N.J.S.17B:23-5, provided to fund a portion of retention and relocation costs pursuant to P.L.1996, c.25 (C.34:1B-112 et seq.);

["Commissioner" means the Chief Executive Officer and Secretary of the New Jersey Commerce and Economic Growth Commission;]

"Department" means the [New Jersey Commerce and Economic Growth Commission] Department of the Treasury;

"Business" means an employer located in this State that has operated continuously in the State, in whole or in part, in its current form or as a predecessor entity for at least 10 years prior to filing an application pursuant to P.L.1996, c.25 (C.34:1B-112 et seq.) and which is subject to the provisions of R.S.43:21-1 et seq. and may include a sole proprietorship, a partnership, or a corporation that has made an election under Subchapter S of Chapter One of Subtitle A of the Internal Revenue Code of 1986, or any other business entity through which income flows as a distributive share to its owners, limited liability company, nonprofit corporation, or any other form of business organization located either within or outside the State;

"Commitment duration" means five years from the date specified in the project agreement entered into pursuant to section 5 of P.L.1996, c.25 (C.34:1B-116);

"Designated industry" means a business engaged in the field of biotechnology, pharmaceuticals, manufacturing, financial services or transportation and logistics, advanced computing, advanced materials, electronic device technology, environmental technology or medical device technology;

"Designated urban center" means an urban center designated in the State Development and Redevelopment Plan adopted by the State Planning Commission;

"Electronic device technology" means a technology involving microelectronics, semiconductors, electronic equipment, and instrumentation, radio frequency, microwave, and millimeter electronics, and optical and optic-related electrical devices, or data and digital communications and imaging devices;

"Electronic device technology company" means a person with headquarters or base of operations located in New Jersey and engaged in the research, development, production, or provision of electronic device technology for the purpose of developing or providing products or processes for specific commercial or public purposes;

"Eligible position" means a full-time position retained by a business in this State for which a business provides employee health benefits under a group health plan as defined under section 14 of P.L.1997, c.146 (C.17B:27-54), a health benefits plan as defined under section 1 of P.L.1992, c.162 (C.17B:27A-17), or a policy or contract of health insurance covering more than one person issued pursuant to Article 2 of Title 17B of the New Jersey Statutes;

"Full-time employee" means a person who is employed for consideration for at least thirty-five hours a week, or who renders any other standard of service generally accepted by custom or practice as full-time employment, whose wages are subject to withholding as provided in the "New Jersey Gross Income Tax Act," N.J.S.54A:1-1 et seq., and who is determined by the [commissioner] State Treasurer to be employed in a permanent position according to criteria as the commissioner may prescribe. "Full-time employee" shall not include any person who works as an independent contractor or on a consulting basis for the business. "Full-time employee" shall not include a child, grandchild, parent, or spouse of an individual who has direct or indirect ownership of at least 5% of the profits, capital, or value of the business;

"Headquarters" of a business means the single location that serves as the national administrative center of the business, at which the primary office of the chief executive officer or chief operating officer of the business, as well as the offices of the management officials responsible for key businesswide functions such as finance, legal, marketing, and human resources, are located;

"High-technology business" means an advanced computing company, advanced materials company, electronic device technology company, environmental technology company or medical device technology company;

"Medical device technology" means a technology involving any medical equipment or product (other than a pharmaceutical product) that has therapeutic value, diagnostic value, or both, and is regulated by the federal Food and Drug Administration;

"Medical device technology company" means a person with headquarters or base of operations located in New Jersey and engaged in the research, development, production, or provision of medical device technology for the purpose of developing or providing products or processes for specific commercial or public purposes;

"New business location" means the premises that the business has either purchased or built or for which the business has entered into a purchase agreement or a written lease for a period of no less than eight years from the date of relocation;

"Manufacturing facility" means a business location at which more than 50% of the business personal property that is housed in the facility is eligible for the sales tax exemption pursuant to subsection a. of section 25 of P.L.1980, c.105 (C.54:32B-8.13) for machinery, apparatus or equipment used in the production of tangible personal property;

"Program" means the Business Retention and Relocation Assistance Grant Program created pursuant to P.L.1996, c.25 (C.34:1B-112 et seq.);

"Project agreement" means an agreement between a business and the department that sets the forecasted schedule for completion and occupancy of the project, the date the commitment duration shall commence, the amount of the applicable grant of tax credits, and other such provisions which further the purposes of P.L.1996, c.25 (C.34:1B-112 et seq.);

"Research and development facility" means a business location at which more than 50% of the business personal property that is purchased for the facility is eligible for the sales tax exemption pursuant to section 26 of P.L.1980, c.105 (C.54:32B-8.14) for property used in research and development;

"Retained full-time job" means an eligible position that currently exists in New Jersey and is filled by a full-time employee but which, because of a relocation by the business, is at risk of being lost to another state or country. For the purposes of determining a number of retained full-time jobs, the eligible positions of the members of a "controlled group of corporations" as defined pursuant to section 1563 of the federal Internal Revenue Code of 1986, 26 U.S.C. s.1563, shall be considered the eligible positions of a single employer; and

"Total allowable relocation costs" means $1,500 times the number of retained full-time jobs. "Total allowable relocation costs" does not include the amount of any bonus award authorized pursuant to section 5 of P.L.2004, c.65 (C.34:1B-115.1).

(cf: P.L.2004, c.65, s.2)

16. Section 3 of P.L.1996, c.25 (C.34:1B-114) is amended to read as follows:

3. The Business Retention and Relocation Assistance Grant Program is hereby established as a program under the jurisdiction of the [New Jersey Commerce and Economic Growth Commission] Department of the Treasury and shall be administered by the [Chief Executive Officer and Secretary of the New Jersey Commerce and Economic Growth Commission] State Treasurer. The purpose of the program is to encourage economic development and job creation and to preserve jobs that currently exist in New Jersey but which are in danger of being relocated to premises outside of the State. To implement that purpose, and to the extent that funding for the program is available, the program may provide grants of tax credits but in no case shall the amount of an individual grant of tax credits exceed 80% of the projected State tax revenues from the retained full-time jobs covered by the project agreement of an applicant for a grant of tax credits.

(cf: P.L.2004, c.65, s.3)

17. Section 19 of P.L.2004, c.65 (C.34:1B-185) is amended to read as follows:

19. As used in sections 19 through 22 of P.L.2004, c.65 (C.34:1B-185 through C.34:1B-188) the following terms shall have the following meanings:

"Eligible property" means machinery, equipment, furniture and furnishings, fixtures, and building materials, but "eligible property" shall not include "motor vehicles" as defined pursuant to section 2 of P.L.1966, c.30 (C.54:32B-2), parts with a useful life of one year or less, or tools or supplies used in connection with the eligible property;

"Headquarters" means the single location that serves as the national administrative center of a business, at which the primary office of the chief executive officer or chief operating officer of the business, as well as the offices of the management officials responsible for key businesswide functions such as finance, legal, marketing, and human resources, are located;

"Life sciences business" means a business engaged principally in the production of medical equipment, ophthalmic goods, medical or dental instruments, diagnostic substances, biopharmaceutical products; or physical and biological research; or biotechnology;

"Manufacturing facility" means a business location at which more than 50% of the business personal property that is housed in the facility is eligible for the sales tax exemption pursuant to subsection a. of section 25 of P.L.1980, c.105 (C. 54:32B-8.13) for machinery, apparatus or equipment used in the production of tangible personal property;

["Secretary" means the Chief Executive Officer and Secretary of the New Jersey Commerce and Economic Growth Commission.]

(cf: P.L.2004, c.65, s.19)

18. Section 20 of P.L.2004, c.65 (C.34:1B-186) is amended to read as follows:

20. The [secretary] State Treasurer shall establish and administer a program to approve the issuance of sales and use tax exemption certificates to qualifying businesses as specified in sections 19 through 22 of P.L.2004, c.65 (C.34:1B-185 through C.34:1B-188). The receipts from the certificate holder's purchase of eligible property located or placed at the business location covered by the project approval within the period established pursuant to the terms and conditions of the project approval for the approved business location shall be exempt from the tax imposed under the "Sales and Use Tax Act," P.L.1966, c.30 (C.54:32B-1 et seq.).

(cf: P.L.2004, c.65, s.20)

19. Section 21 of P.L.2004, c.65 (C.34:1B-187) is amended to read as follows:

21. a. A business seeking to participate in the sales and use tax exemption certificate program established pursuant to sections 19 through 22 of P.L.2004, c.65 (C.34:1B-185 through C.34:1B-188) shall submit a project application to the [secretary] State Treasurer in such form as required by the [secretary] State Treasurer.

b. The location for the project shall be situated in designated Planning Area 1 or 2, as defined in the State Development and Redevelopment Plan adopted by the State Planning Commission; provided however, that a business project involving the renovation or expansion of an existing facility that is not located in designated Planning Area 1 or 2 may be eligible to participate in the program, at the determination of the secretary, if all other applicable criteria are satisfied.

A business located in an urban enterprise zone designated pursuant to the "New Jersey Urban Enterprise Zones Act," P.L.1983, c.303 (C.52:27H-60 et seq.) as of the effective date of this section shall not be eligible to participate in this program if the relocation project is from a facility within the urban enterprise zone to a facility outside an urban enterprise zone; provided however, that if the relocation is to a facility already owned or leased by the same business and that business already employs at least the same number of persons as those being relocated from the urban enterprise zone, it may be eligible to apply.

c. To be eligible to apply for the sales and use tax exemption certificate program, a business shall have operated continuously in this State, in whole or in part, in its current form or as a predecessor entity, for at least 10 years prior to filing an application and shall satisfy at least one of the following criteria:

(1) the business has 1,000 or more full-time employees in the State and the project involves relocating 500 or more full-time employees into a new business location or locations;

(2) the business is a life sciences business or a manufacturing facility and the project is: constructing one or more new research and development facilities, constructing one or more new manufacturing facilities in this State, or relocating to a new headquarters in this State that will employ 250 or more full-time employees;

(3) the business is a life sciences business or a manufacturing business and the project is constructing a new, or substantially rehabilitating a vacant, property that will separately or collectively:

(a) be predominately a new research and development facility;

(b) be predominately a new manufacturing facility;

(d) separately or collectively be a combination of subparagraphs (a), (b) and (c);

provided, that the new or substantially rehabilitated facility will house a minimum of 250 full-time employees. For the purposes of this subparagraph, "predominantly" means a majority of the employees housed in the new facility are engaged in that activity, or a majority of the square footage of the new facility is used in that activity; or a majority of the total value of the investment made will be employed in that activity; or other measures of activity as may determined by the secretary that demonstrate that a critical concentration of research and development, manufacturing, or both, will occur at the new facility; or

(4) the business is, at the time of enactment of this section, currently receiving a structured finance special guarantee pursuant to N.J.A.C.19:31-2.1(c)3.ii(5) for the project.

d. For the purposes of determining a number of full-time employees pursuant to subsection c. of this section, the full-time employees of the members of a "controlled group of corporations" as defined pursuant to section 1563 of the federal Internal Revenue Code of 1986, 26 U.S.C. s.1563, shall be considered the employees of a single employer.

e. A project may be completed in up to two phases provided that it will be the national headquarters of a life sciences or manufacturing company, and will include a significant research and development, a significant manufacturing facility, or combination thereof if : (1) the first completed phase will house at least 200 full-time employees and the second phase will house at least 100 additional employees; and (2) the project is pre-approved for phases and that all phases are completed within 30 months of project approval.

f. Upon approval of a project, the [secretary] State Treasurer shall notify the Director of the Division of Taxation in the Department of the Treasury of the terms and conditions of the project approval and the director shall issue a certificate of exemption pursuant to the terms and conditions of the project approval. In general, the sales and use tax exemption certificate provided by sections 19 through 22 of P.L.2004, c.65 (C.34:1B-185 through C.34:1B-188) should not apply to purchases initiated by the business after the date that the temporary certificate of occupancy is issued, or in cases where no temporary certificate of occupancy is issued should not apply to purchases initiated by the business more than one year from the project commencement date; however, the duration of the certificate of exemption shall be pursuant to the terms and conditions of the project approval.

(cf: P.L.2004, c.65, s.21)

20. Section 22 of P.L.2004, c.65 (C.34:1B-188) is amended to read as follows:

22. The [secretary] State Treasurer shall, after consultation with the Director of the Division of Taxation in the Department of the Treasury, adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to govern the proper conduct and operation of the program consistent with the provisions of sections 19 through 22 of P.L.2004, c.65 (C.34:1B-185 through C.34:1B-188).

(cf: P.L.2004, c.65, s.22)

21. Section 9 of P.L.1989, c.293 (C.34:15C-6) is amended to read as follows:

9. The commission shall:

a. Issue the New Jersey Unified Workforce Investment Plan pursuant to the provisions of the Workforce Investment Act of 1998, Pub.L.105-220 (29 U.S.C. s.2801 et seq.) and section 10 of this act;

b. Establish performance standards for workforce investment programs pursuant to the Workforce Investment Act of 1998, Pub.L.105-220 (29 U.S.C. s.2801 et seq.) and section 11 of this act;

c. Act to ensure the full participation of Workforce Investment Boards in the planning and supervision of local workforce investment systems. The commission shall be responsible to oversee and develop appropriate standards to ensure Workforce Investment Board compliance with State and federal law, the State plan, and other relevant requirements regarding membership, staffing, meetings, and functions;

d. Foster and coordinate initiatives of the Department of Education and Commission on Higher Education to enhance the contributions of public schools and institutions of higher education to the implementation of the State workforce investment policy;

e. Examine federal and State laws and regulations to assess whether those laws and regulations present barriers to achieving any of the goals of this act. The commission shall, from time to time as it deems appropriate, issue to the Governor and the Legislature reports on its findings, including recommendations for changes in State or federal laws or regulations concerning workforce investment programs or services, including, when appropriate, recommendations to merge other State advisory structures and functions into the commission;

f. Perform the duties assigned to a State Workforce Investment Board pursuant to subsection (d) of section 111 of the Workforce Investment Act of 1998, Pub.L.105-220 (29 U.S.C. s.2821);

g. Have the authority to enter into agreements with the head of each State department or commission which administers or funds education, employment or training programs, including, but not limited to, the Departments of Labor and Workforce Development, Community Affairs, Education, and Human Services and the Commission on Higher Education[, the New Jersey Commerce, Economic Growth and Tourism Commission], and the Juvenile Justice Commission, which agreements are for the purpose of assigning planning, policy guidance and oversight functions to each Workforce Investment Board with respect to any workforce investment program funded or administered by the State department or commission within the Workforce Investment Board's respective labor market area or local area, as the case may be; and

h. Establish guidelines to be used by the Workforce Investment Boards in performing the planning, policy guidance, and oversight functions assigned to the boards under any agreement reached by the commission with a department or commission pursuant to subsection g. of this section. The commission shall approve all local Workforce Investment Board plans that meet the criteria established by the commission for the establishment of One-Stop systems. The Department of Labor and Workforce Development shall approve the operational portion of the plans for programs administered by the department.

The commission shall have access to all files and records of other State agencies and may require any officer or employee therein to provide such information as it may deem necessary in the performance of its functions.

Nothing in P.L.2005, c.354 (C.34:15C-7.1 et al.) shall be construed as affecting the authority of the Commissioner of Personnel to review and approve training programs for State employees pursuant to N.J.S.11A:6-25.

(cf: P.L.2005, c.354, s.8)

22. Section 2 of P.L.1999, c.107 (C.34:15C-18) is amended to read as follows:

2. a. There is created within the State Employment and Training Commission, established pursuant to section 5 of P.L.1989, c.293 (C.34:15C-2) in the Department of Labor and Workforce Development, a State Council for Adult Literacy Education Services.

b. The 27-member council shall consist of the following ex officio members: the Commissioners of Labor and Workforce Development, Human Services, Education, Community Affairs and Corrections, the [Secretary and Chief Executive Officer of the New Jersey Commerce, Economic Growth and Tourism Commission] State Treasurer, the Executive Director of the Commission on Higher Education, and the Executive Director of the State Employment and Training Commission. The council shall also include one member of the Senate appointed by the President thereof and one member of the General Assembly appointed by the Speaker thereof, who shall serve during the two-year legislative session in which the appointment is made and who shall not be of the same political party; and 17 public members as follows: five public members appointed by the Governor including a member of a Workforce Investment Board literacy committee, a State or national adult education expert and three representatives of the business community, at least one of whom shall represent a small business; six public members appointed by the President of the Senate including a student or former student who received adult literacy services and a representative from each of the following: a county college, a four-year institution of higher education, the State Library or a local library, a Department of Education-funded adult education provider of adult basic education programs, general educational development programs or English as a second language programs and a community-based organization which is an adult education provider; and six public members appointed by the Speaker of the General Assembly including a representative from each of the following: a vocational school providing adult academic education programs, a trade union, the New Jersey Network, the New Jersey Association of Lifelong Learning, the Literacy Volunteers of America and the New Jersey Education Association.

c. The public members shall serve for terms of three years, but of the public members first appointed, six shall serve a term of three years, six shall serve a term of two years and five shall serve a term of one year. Each member shall hold office for the term of appointment and until his successor is appointed and qualified. A member appointed to fill a vacancy occurring in the membership of the board for any reason other than the expiration of the term shall have a term of appointment for the unexpired term only. All vacancies shall be filled in the same manner as the original appointment. A member may be appointed for any number of successive terms. A member may be removed from office by the Governor, for cause, after a hearing and may be suspended by the Governor pending the completion of the hearing.

d. The members shall select annually a chairperson and a vice-chairperson, who shall be nongovernmental members of the council, and shall appoint an executive director. The executive director shall report to the chairperson of the council and be responsible for administering the daily operations of the council. The executive director shall serve in the State unclassified service. The council may call to its assistance and avail itself of the services of the employees of any State, county or municipal department, board, bureau, commission or agency as it may require and as may be available to it for its purposes.

e. Members of the council shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties as members, within the limits of funds appropriated or otherwise made available to the council for its purposes. Actions may be taken and motions and resolutions may be adopted by the council by an affirmative vote of a majority of the members.

(cf: P.L.2005, c.354, s.18)

23. Section 2 of P.L.1992, c.86 (C.38A:3-16) is amended to read as follows:

2. The Council on Armed Forces and Veterans' Affairs established in the Department of Commerce and Economic Development pursuant to P.L.1983, c.61 (C.52:27H-45 et seq.) is hereby transferred to and established in the Department of Military and Veterans' Affairs. The council shall consist of 22 members: two to be appointed by the President of the Senate from the members thereof, no more than one of whom shall be from the same political party; two to be appointed by the Speaker of the General Assembly from the members thereof, no more than one of whom shall be from the same political party; the Adjutant General of the Department of Military and Veterans' Affairs, the [Chief Executive Officer and Secretary of the Commerce and Economic Growth Commission] State Treasurer, the Commissioner of Education, the Commissioner of Environmental Protection, the Commissioner of Transportation, the State Treasurer, the Commissioner of Community Affairs, the Commissioner of Labor and Workforce Development, and the Chair of the New Jersey Commission on Higher Education, or their designees; and nine public members to be appointed by the Governor, with the advice and consent of the Senate. Eight of the public members shall be representatives of the community and business support groups for New Jersey's military installations and the United States Coast Guard training center. Each public member shall serve for a term of three years from the date of the member's appointment and until the member's successor is appointed and qualified. Vacancies resulting from causes other than by expiration of term shall be filled for the unexpired term only and shall be filled in the same manner as the original appointments were made.

(cf: P.L.2005, c.40, s.1)

24. 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 Governor shall fix and establish the annual salary, not to exceed $133,330 in calendar year 2000, $137,165 in calendar year 2001 and $141,000 in calendar year 2002 and thereafter, for each of the following officers:

Title

Agriculture Department

Secretary of Agriculture

Children and Families Department

Commissioner of Children and Families

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 and Senior Services Department

Commissioner of Health and Senior

Services

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

[Personnel Department

Commissioner of Personnel]

State Department

Secretary of State

Transportation Department

Commissioner of Transportation

Treasury Department

State Treasurer

Members, Board of Public Utilities

Public Advocate Department

Public Advocate

[Notwithstanding the provisions of this section to the contrary, the Chief Executive Officer and Secretary of the New Jersey Commerce and Economic Growth Commission shall receive such salary as shall be fixed by the Governor pursuant to subsection b. of section 8 of P.L.1998, c.44 (C.52:27C-68).]

(cf: P.L.2006, c.47, s.189)

25. Section 2 of P.L.2005, c.47 (C.52:16A-91) is amended to read as follows:

2. The New Jersey Black Cultural and Heritage Initiative Foundation shall be governed by a board of trustees consisting of the following 25 members:

a. the Secretary of State or designee;

b. Five State employees or special State officers, who shall be selected from, and appointed by the Secretary of State to represent any or all, of the following State partner organizations:

(1) New Jersey State Council on the Arts;

(2) New Jersey Historical Commission;

(3) New Jersey Council of the Humanities;

(4) New Jersey Public Broadcasting Commission;

(5) Martin Luther King Commemorative Commission;

(6) Amistad Commission;

(7) Department of Education;

(8) Office of Travel and Tourism, [New Jersey Commerce and Economic Growth Commission] Department of State;

(9) Department of Community Affairs;

(10) Department of Transportation;

(11) Department of State, Office of Faith-based Initiatives; and

(12) any other State agency or instrumentality partnering, assisting or supporting the purposes of the foundation.

The State partner members of the board of trustees appointed pursuant to this subsection shall serve at the pleasure of the Secretary of State.

c. Nineteen public members shall be selected from a broad cross-section of the views and interests of the community and the member organizations of the foundation, including educators, clergy, civic and business leaders; philanthropists; visual, creative and performing artists; representatives of Black arts, history and cultural organizations; and persons having knowledge of, expertise in, or commitment to preserving New Jersey's Black cultural heritage.

Five of the public members shall be appointed by the Secretary of State upon formation and incorporation of the foundation. Thereafter, at least four more public members shall be elected by the nonprofit cultural organizations which become members of the foundation, and the remaining public members shall be nominated by a nominating committee of the board of trustees and appointed by the board of trustees.

The term of office of each public member shall be three years, with each member continuing to serve upon expiration of the term until replaced. Three of the initial public members appointed by the Secretary of State and two of the public members initially elected by member organizations shall serve initial terms of two years.

Vacancies shall be filled and replacements made as provided in the bylaws of the foundation.

(cf: P.L.2005, c.47, s.2)

26. Section 5 of P.L.1998, c.44 (C.52:27C-65) is amended to read as follows:

5. All appropriations and other moneys available and to become available to any department, division, bureau, board, commission, or other entity or agency, the functions, powers and duties of which have been assigned or transferred to the [Department of Commerce and Economic Development] New Jersey Commerce, Economic Growth and Tourism Commission, are hereby continued in the [commission] Department of State or the Department of the Treasury, as appropriate, except as herein otherwise provided, and shall be available for the objects and purposes for which such moneys are appropriated subject to any terms, restrictions, limitations, or other requirements imposed by State or federal law. Nothing herein shall alter the provisions of section 4 of P.L.1983, c.190 (C.34:1B-39). Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Department of Commerce and Economic Development [or], the New Jersey Commerce and Economic Growth Commission, [the same shall mean and refer to] or the "New Jersey Commerce, Economic Growth and Tourism Commission" [in but not of], the same shall mean and refer to the Department of State or the Department of the Treasury, as appropriate.

(cf: P.L.2005, s.378. s.12)

27. Section 22 of P.L.1998, 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, but, notwithstanding this transfer, the New Jersey Economic Development Authority shall be independent of any supervision and control by the department 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. Notwithstanding the provisions of any law, rule, regulation or order to the contrary, the [Chief Executive Officer and Secretary of the commission] State Treasurer 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.1998, c.44, s.22)

28. 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 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, but notwithstanding this transfer, the New Jersey Commission on Science 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 [Chief Executive Officer and Secretary of the commission] State Treasurer shall appoint the Executive Director of the New Jersey Commission on Science 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 and Technology in but not of the Department of the Treasury.

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 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 and Technology as provided by law.

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

(cf: P.L.1998, c.44, s.25)

29. Section 26 of P.L.1998, c.44 (C.52:27C-86) is amended to read as follows:

26. a. The Motion Picture and Television Development Commission, established pursuant to P.L.1977, c.44 (C.34:1B-22 et seq.), is transferred in but not of the Department of the Treasury, but notwithstanding this transfer, the Motion Picture and Television Development Commission 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 [Chief Executive Officer and Secretary of the commission] State Treasurer shall appoint the Executive Director of the Motion Picture and Television Development Commission.,

b. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Motion Picture and Television Development Commission, the same shall mean and refer to the Motion Picture and Television Development Commission in but not of the Department of the Treasury.

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 Motion Picture and Television Development Commission 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 Motion Picture and Television Development Commission as provided by law.

(cf: P.L.1998, c.44, s.26)

30. Section 1 of P.L.2004, c.141 (C.52:27C-94) is amended to read as follows:

1. As used in this act:

["Commission" means the New Jersey Commerce and Economic Growth Commission established pursuant to P.L.1998, c.44 (C.52:27C-61 et seq.).]

"Division" means the Division of Development for Small Businesses and Women's and Minority Businesses in the [New Jersey Commerce and Economic Growth Commission] Department of the Treasury when used in conjunction with the New Jersey small business set-aside program.

"New Jersey set-aside program" or "set-aside program" means the program established pursuant to the "Set-Aside Act for Small Businesses, Female Businesses, and Minority Businesses," P.L.1983, c.482 (C.52:32-17 et seq.).

"Small business" means a business which has its principal place of business in the State, is independently owned and operated and meets all other qualifications as may be established in accordance with P.L.1987, c.55 (C.52:27H-21.7 et seq.).

(cf: P.L.2004, c.141, s.1)

31. Section 1 of P.L.2005, c.373 (C.52:27C-96) is amended to read as follows:

1. a. The [New Jersey Commerce and Economic Growth Commission] Department of Treasury is authorized to establish a nonprofit organization to be known as the Foundation for Technology Advancement. The foundation shall be devoted to developing and coordinating programs to support initiatives of the advanced technology industry in New Jersey. The foundation shall develop policies to improve the research, economic, and educational needs important to the advanced technology industry in New Jersey and increase awareness among advanced technology companies as to governmental, community and private resources that may benefit this industry as a whole. The foundation shall discuss the status of the advanced technology industry and anticipate its needs for the future with the purpose of preparing the industry and its workforce to meet these needs. The foundation shall make policy recommendations to the Governor and Legislature as well as recommendations for local and State actions to follow up the foundation's recommendations and consider such other matters relating to advanced technology in New Jersey as the members of the foundation may deem appropriate.

b. The foundation shall be incorporated as a New Jersey nonprofit corporation pursuant to P.L.1983, c.127 (C.15A:1-1 et seq.), and organized and operated in such manner as to be eligible under applicable federal law for tax-exempt status and for the receipt of tax-deductible contributions, and shall be authorized to sue and to be sued as a legal entity separate from the State of New Jersey.

(cf: P.L.2005, c.373, s.1)

32. Section 2 of P.L.2005, c.373 (C.52:27C-97) is amended to read as follows:

2. The Foundation for Technology Advancement shall be governed by a 23 member board of trustees who are appointed as follows:

a. The [Chief Executive Officer and Secretary of the New Jersey Commerce and Economic Growth Commission] State Treasurer; the Executive Director of the New Jersey Economic Development Authority; the Executive Director of the New Jersey Commission on Science and Technology; and the Chief Technology Officer in the Office of Information Technology; or their designees, all of whom shall serve ex officio;

b. A faculty member appointed by the president of each of the following academic institutions: The New Jersey Institute of Technology; Rutgers, the State University; The University of Medicine and Dentistry of New Jersey; and Princeton University, all of whom shall serve ex officio; and

c. Fifteen public members appointed by the Governor as follows: a representative of each of the following organizations: the New Jersey Technology Council, the Biotechnology Council of New Jersey, the Forum for Academicians, Scientists and Technologists of New Jersey, the Strengthening the Mid-Atlantic Region for Tomorrow States Organization, the New Jersey Business and Industry Association, the Commerce and Industry Association of New Jersey, the New Jersey State Chamber of Commerce, the New Jersey Tooling and Manufacturing Association, the Research and Development Council of New Jersey, the American Electronics Association - New Jersey/Pennsylvania Council, and a representative employed by a corporation from each of the following industry sectors: pharmaceuticals, financial services, advanced technology, information technology, and nanotechnology.

Of the public members first appointed, four shall serve for a term of two years, four for a term of three years, four for a term of four years, and three for a term of five years.

Members appointed thereafter shall serve five-year terms, and any vacancy shall be filled by appointment for the unexpired term only. A member is eligible for reappointment. Vacancies in the membership of the foundation shall be filled in the same manner as the original appointments were made.

The members shall elect a chair and vice chair from the membership of the board of trustees.

(cf: P.L.2005, c.373, s.2)

33. Section 4 of P.L.2005, c.373 (C.52:27C-99) is amended to read as follows:

4. The [New Jersey Commerce and Economic Growth Commission] Department of Treasury shall be an incorporator of the Foundation for Technology Advancement.

(cf: P.L.2005, c.373, s.4)

34. Section 5 of P.L.2001, c.238 (C.52:27D-456) is amended to read as follows:

5. The Main Street New Jersey Advisory Board is established for the purposes of providing guidance and advocacy in formulating policy and assisting with the long-term planning and administration of the "Main Street New Jersey" program. The Main Street New Jersey Advisory Board shall consist of 23 members. Sixteen members shall serve in a voluntary capacity, to be appointed through a process to be determined by the commissioner and shall include a representative of the New Jersey State League of Municipalities. Each voluntary member shall have a demonstrated commitment to the goals of the "Main Street New Jersey" program. The voluntary members shall represent all geographic regions of the State.

The remaining seven advisory board members shall serve ex officio and shall be a representative of the Historic Preservation Program in the Department of Environmental Protection, to be appointed by the Commissioner of Environmental Protection, a representative of the New Jersey Economic Development Authority to be designated by the executive director, a representative of the Neighborhood Preservation Program in the Department of Community Affairs, to be appointed by the Commissioner of Community Affairs, a representative of the Housing and Mortgage Finance Agency, to be appointed by the executive director of that agency, a representative of the [New Jersey Commerce and Economic Growth Commission] Department of the Treasury, to be appointed by the [Chief Executive officer and Secretary of that commission] State Treasurer, a representative of the Department of Transportation, to be appointed by the Commissioner of Transportation, and a representative of the Office of State Planning, to be appointed by the Director of the Office of State Planning.

The terms of the voluntary members so appointed, after the initial appointments, shall be three years, and each member may be reappointed. The terms of initial appointments of the voluntary members shall be staggered so that the terms of 1/3 of the advisory board's voluntary members shall expire annually. The advisory board members who are not State employees shall be entitled to reimbursement of their expenses incurred in connection with their duties on the advisory board.

(cf: P.L.2005, c.284, s.1)

35. Section 4 of P.L.1983, c.303 (C.52:27H-63) is amended to read as follows:

4. a. There is created the New Jersey Urban Enterprise Zone Authority, which shall consist of:

(1) [The Chief Executive Officer and Secretary of the New Jersey Commerce and Economic Growth Commission, who shall be chairman of the authority] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill);

(2) The Commissioner of the Department of Community Affairs;

(3) The Commissioner of the Department of Labor and Workforce Development;

(4) The State Treasurer, who shall be chair of the authority; and

(5) Five public members not holding any other office, position or employment in the State Government, nor any local elective office, who shall be appointed by the Governor with the advice and consent of the Senate, and who shall be qualified for their appointments by training and experience in the areas of local government finance, economic development and redevelopment, or volunteer civic service and community organization. No more than three public members shall be of the same political party. At least one public member of the authority shall reside within an enterprise zone; however, the provisions of this section shall apply only to members appointed or reappointed after the effective date of P.L.2001, c.347 (C.52:27H-66.2 et al.).

b. The public members of the authority shall serve for terms of five years, except that of the members first appointed, one shall serve for a term of one year, one shall serve for a term of two years, one shall serve for a term of three years, one shall serve for a term of four years, and one shall serve for a term of five years. Vacancies in the public membership shall be filled in the manner of the original appointments but for the unexpired terms.

c. An ex officio member of the authority may, from time to time, designate in writing to the authority an official within his respective department to attend and represent the department at the meetings of the authority from which the ex officio member is absent, and that designated representative shall be entitled to vote and otherwise act for the ex officio member at those meetings.

(cf: P.L.2001, c.347, s.7)

36. Section 23 of P.L.2004, c.65 (C.52:27H-87.1) is amended to read as follows:

23. a. Retail sales of energy and utility service to:

(1) a qualified business that employs at least 250 people within an enterprise zone, at least 50% of whom are directly employed in a manufacturing process, for the exclusive use or consumption of such business within an enterprise zone, and

(2) a group of two or more persons: (a) each of which is a qualified business that are all located within a single redevelopment area adopted pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq.); (b) that collectively employ at least 250 people within an enterprise zone, at least 50% of whom are directly employed in a manufacturing process; (c) are each engaged in a vertically integrated business, evidenced by the manufacture and distribution of a product or family of products that, when taken together, are primarily used, packaged and sold as a single product; and (d) collectively use the energy and utility service for the exclusive use or consumption of each of the persons that comprise a group within an enterprise zone; are exempt from the taxes imposed under the "Sales and Use Tax Act," P.L.1966, c.30 (C.54:32B-1 et seq.).

A qualified business will continue to be subject to applicable Board of Public Utilities tariff regulations except that its bills from utility companies and third party suppliers for energy and utility service shall not include charges for sales and use tax.

b. A business that meets the requirements of subsection a. of this section shall not be allowed the exemption granted pursuant to this section until it has complied with such requirements for obtaining the exemption as may be provided pursuant to P.L.1983, c.303 (C.52:27H-60 et seq.) and P.L.1966, c.30 (C.54:32B-1 et seq.). The [Chief Executive Officer and Secretary of the Commerce and Economic Growth Commission] State Treasurer shall provide prompt notice to the President of the Board of Public Utilities and to the Director of the Division of Taxation in the Department of the Treasury, of a qualified business that has qualified for the exemption under this subsection, shall provide the president and the director an annual list of all businesses that qualify.

c. (1) Retail sales of energy and utility service to a business facility located within a county that is designated for the 50% tax exemption under section 1 of P.L.1993, c.373 (C.54:32B-8.45) are exempt from the taxes imposed under the "Sales and Use Tax Act," P.L.1966, c.30 (C.54:32B-1 et seq.); provided that the business certifies that it employs at least 50 people at that facility, at least 50% of whom are directly employed in a manufacturing process, and provided that the energy and utility services are consumed exclusively at that facility.

(2) A business facility that meets the requirements of paragraph (1) of this subsection may file an application for the energy and utility service sales tax exemption with the [Chief Executive Officer and Secretary of the Commerce, Economic Growth and Tourism Commission] State Treasurer, who shall promulgate regulations and forms for that purpose. The [Chief Executive Officer and Secretary of the Commerce, Economic Growth and Tourism Commission] State Treasurer shall process an application submitted under this paragraph within 20 business days of receipt thereof. An exemption shall commence for a business upon notice of approval of its application and shall expire for any year in which the business fails to meet the requirements of paragraph (1) of this subsection. Upon approval, the [Chief Executive Officer and Secretary of the Commerce, Economic Growth and Tourism Commission] State Treasurer shall provide prompt notice to the applicant and also shall provide prompt notice to the President of the Board of Public Utilities and to the Director of the Division of Taxation in the Department of the Treasury. The [Chief Executive Officer and Secretary of the Commerce, Economic Growth and Tourism Commission] State Treasurer also shall provide the president and the director with an annual list of all businesses that have been approved under this subsection.

(cf: P.L.2005, c.374, s.1)

37. Section 6 of P.L.2006, c.16 (C.52:27I-6) is amended to read as follows:

6. a. The authority shall consist of ten members to be appointed and qualified as follows:

(1) Four members appointed by the Governor with the advice and consent of the Senate, for terms of four years, two of whom shall be representatives of the private sector with relevant business experience or background; one of whom shall be an individual who is knowledgeable in environmental protection, conservation and land use issues and one of whom shall be a labor representative with appropriate experience in workforce development and job training. Preference shall be given to professionals with a background in technology, finance, or real estate. At least two of the members shall be residents of Monmouth County. Not more than two of the members appointed by the Governor shall be members of the same political party;

(2) The [Chief Executive Officer and Secretary of the New Jersey Commerce, Economic Growth and Tourism Commission] State Treasurer, ex officio and voting;

(3) One member, who shall be a resident of Monmouth County, to be appointed by the Monmouth County Board of Chosen Freeholders for a term of four years, who shall be either:

(a) a member of the board, or

(b) a qualified person, who shall be nominated by the board, with relevant business experience or background;

(4) The mayors of Eatontown, Oceanport, and Tinton Falls, ex officio and voting; and

(5) A representative of Fort Monmouth, to be appointed by the Secretary of the United States Department of Defense, who shall be a non-voting member.

Each member appointed by the Governor and the member appointed by the Board of Chosen Freeholders shall hold office for the term of that member's appointment and until a 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.

b. Except for those members designated pursuant to paragraph (4) of subsection a. of this section, each ex officio member of the authority may designate an employee of the member's department or office to represent the member at meetings of the authority. The designee of an ex officio member may act on behalf of the member. The designation shall be in writing and shall be delivered to the authority and shall be effective until revoked or amended in writing to the authority.

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 that hearing. Each such member, before entering the duties of membership, shall take and subscribe an oath to perform those duties faithfully, impartially, and justly to the best of the person's ability. A record of those oaths shall be filed in the office of the Secretary of State.

d. The members of the authority shall elect a chairperson and vice-chairperson from among their members. The chairperson shall appoint a secretary and treasurer. The powers of the authority shall be vested in the voting members thereof in office from time to time; five voting members of the authority shall constitute a quorum, and the affirmative vote of five members shall be necessary for any action taken by the authority, except as provided under sections 7 and 14 of P.L.2006, c.16 (C.52:27I-7 and 52:27I-14), or unless the bylaws of the authority shall require a larger number. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.

e. The members of the authority shall serve without compensation, but the authority may, within the limits of funds appropriated or otherwise made available for such purposes, reimburse its members for necessary expenses incurred in the discharge of their official duties.

f. No member, officer, employee or agent of the Fort Monmouth Economic Revitalization Planning Authority shall have an interest, either directly or indirectly, in any project, employment agreement or any contract, sale, purchase, lease, or transfer of real or personal property to which the Fort Monmouth Economic Revitalization Planning Authority is a party.

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

h. 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 void.

i. Any and all proceedings, hearings or meetings of the authority or any advisory committees established by the authority shall be conducted in conformance with the "Open Public Meetings Act," P.L.1975, c.231 (C. 10:4-6 et seq.).

j. Records of minutes, accounts, bills, vouchers, contracts or other papers connected with or used or filed with the authority or with any officer or employee acting for or in its behalf are declared to be public records, and shall be open to public inspection in accordance with P.L.1963, c. 73 (C. 47:1A-1 et seq.).

(cf: P.L.2006, c.16, s.6)

38. Section 2 of P.L.1997, c.97 (C.12:6B-2) is amended to read as follows:

2. "Containment facility" means an upland or in-water confined disposal facility which shall consist of an artificially constructed island, a diked extension of an existing island, or a diked extension attached to land, and which is used solely for the disposal of dredged materials;

"Decontamination" means a process by which contaminants are removed or reduced from dredged materials, or by which dredged materials are otherwise made acceptable for use;

"Dredge" or "dredging" means the removal of sand, silt, mud, and other materials from the bottom of a waterway in order to deepen navigation channels and ship berths;

"Dredged material" means material removed by dredging that is, in the determination of the federal Environmental Protection Agency, either unsuitable for ocean disposal or suitable for ocean disposal only with capping;

"Port region" means the geographic area created by Article II of the Compact of April 30, 1921, creating the bi-state agency, now known as the Port Authority of New York and New Jersey, and which is commonly referred to as the Port of New York District ;

"Project" means any work relating to the construction of a containment facility or facilities and subaqueous pits for the disposal of dredged material from the port region; the decontamination of dredged material; the dredging of the Kill Van Kull, the Arthur Kill and other navigation channels located in the port region; the dredging of navigation channels not located in the port region; or the purchase of real or personal property, equipment, and any building, construction, and miscellaneous site improvements associated with an economic development site; and

["Task force" means the Dredging Project Facilitation Task Force established pursuant to section 3 of this act.]

(cf: P.L.1997, c.97, s.2)

39. Section 3 of P.L.1997, c.97 (C.12:6B-4) is amended to read as follows:

3. a. It shall be the duty of the Office of Maritime Resources in the Department of Transportation to establish, from time to time, a project priority list for dredging, dredged material disposal projects and decontamination projects based primarily on the maintenance of the viability of the Port of New Jersey and New York as a deep water port accessible to international commerce, on the maintenance of the viability of navigation channels not located in the port region to promote commerce, recreation and tourism, and on the prospects for the creation and retention of jobs in New Jersey. In developing a project priority list, the office shall consult with [the task force and] the Department of Environmental Protection, and shall review and consider the plan developed pursuant to subsection a. of section 5 of P.L.1997, c.97 (C.12:6B-5). The office, in consultation with [the task force and] the Department of Environmental Protection, shall identify in the project priority lists developed pursuant to this subsection, not less than a total of $5 million for decontamination projects. [Upon the development of a project priority list, the office shall submit the list to the task force for its approval. The task force is authorized to approve, disapprove, or approve in part, a project priority list.]

b. [Upon approval of a] A project priority list for projects authorized to receive funding pursuant to sections 5 and 7 of P.L.1996, c.70[, or upon the failure of the task force to approve or disapprove a project priority list within 60 days of receipt of the list from the office, the task force shall submit the list] shall be submitted by the office to the President of the Senate and the Speaker of the General Assembly, who shall cause the project priority list to be introduced in each House in the form of legislative appropriations bills.

c. The Legislature shall consider, and may amend or supplement, the appropriations bills containing the project priority list. Any bill introduced pursuant to subsection b. of this section and approved by the Legislature shall appropriate monies from the "1996 Dredging and Containment Facility Fund," established pursuant to section 18 of P.L.1996, c.70, only for the projects authorized pursuant to sections 5 and 7 of P.L.1996, c.70, and shall identify the specific projects, including the individual amounts therefor, for which monies are appropriated.

d. No monies appropriated pursuant to subsection c. of this section shall be expended for any project unless the expenditure is authorized pursuant to the project priority list contained in the legislation approved in accordance with the provisions of subsection c. of this section.

e. Nothing in this section shall preclude the Legislature from developing a project priority list and making appropriations therefor.

(cf: P.L.2001, c.429, s.13)

40. Section 5 of P.L.1997, c.97 (C.12:6B-5) is amended to read as follows:

5. a. The Office of Maritime Resources in the Department of Transportation shall, in consultation with the Department of Environmental Protection [and the task force established pursuant to section 3 of P.L.1997, c.97 (C.12:6B-3)], develop, implement and maintain a comprehensive dredging and dredged material management and disposal plan, including dredged material decontamination, for the navigable waters of the State.

b. The Department of Environmental Protection and the Department of Transportation shall be authorized, in accordance with the rules, regulations and procedures of the General Services Administration, to enter into agreements with public or private entities to establish ownership, lease provisions and other related real and personal property interests. The departments may also, in accordance with the rules, regulations and procedures of the General Services Administration, enter into agreements with regard to:

(1) the development, operation and management of dredging projects including, but not necessarily limited to, any cost sharing, right of way or easement provisions involved;

(2) the development, operation, management, closure and monitoring of dredged material disposal, treatment and processing facilities; and

(3) the development, evaluation, certification and implementation of demonstration dredged material decontamination and treatment technologies that are cost-effective, environmentally sound and that create a usable end product.

c. The departments shall be authorized to acquire by purchase, lease, grant or otherwise, any land, real or personal property which, in the determination of the departments, is reasonably necessary to effectuate the purposes of this act.

d. all contracts and agreements necessary to plan, design, construct, equip, operate, finance, improve or maintain demonstration projects for dredging, dredged material disposal and dredged material decontamination projects.

e. The departments shall be authorized to charge and collect fees or charges for dredging and for the use of a dredged material disposal facility at such rates necessary to compensate for the costs to dredge, and to plan, design, construct, equip, operate, improve, maintain, close or replace the dredged material disposal facility and to ensure continued availability of dredging and dredged material disposal.

(cf: P.L.2001, c.429, s.14)

41. Section 10 of P.L.1997, c.97 (C.12:6B-6) is amended to read as follows:

10. The Department of Transportation and the Department of Environmental Protection shall establish[, in consultation with the Dredging Project Facilitation Task Force,] the criteria for the content of final requests for proposals for any studies, assessments, demonstration projects and dredging, and all phases in the development and construction of a dredged material disposal facility. The State may include in a request for proposals developed pursuant to this act, on a case-by-case basis, a provision for the indemnification of the State by the contract holder. The Department of Transportation or the Department of Environmental Protection, as appropriate[, in consultation with the task force,] shall solicit requests for proposals and negotiate contracts.

(cf: P.L.2001, c.429, s.15)

42. Section 64 of P.L.2000, c.72 (C.18A:7G-38) is amended to read as follows:

64. a. The Commissioner of Education, in conjunction with the Commissioner of Labor, shall establish a program to provide additional funding for apprenticeship programs registered by the federal Bureau of Apprenticeship and Training in the United States Department of Labor. There shall be appropriated annually in fiscal year 2001 through fiscal year 2005 the sum of $3,000,000 to accomplish this purpose.

b. [The Apprenticeship Committee shall be established in the Department of Education to assist in administering the program. The committee shall be comprised of the following members appointed by the Governor: one public member appointed upon the recommendation of the Speaker of the General Assembly; one public member appointed upon the recommendation of the President of the Senate; a representative from the Department of Labor; a representative from the Department of Education; a county apprenticeship coordinator; a union representative; and a representative from management. The Commissioner of Education shall request the participation of a representative of the federal Bureau of Apprenticeship and Training in the United States Department of Labor as a member of the committee.]

The commissioners of the Department of Education and the Department of Labor [, in consultation with the committee] shall establish guidelines for the distribution of funds under the program, including a provision that requires a majority of the funding to assist apprenticeship programs in urban areas. The guidelines shall also include a list of those types of entities eligible for funding including, but not limited to, county colleges, county vocational schools, unions and other sponsors of apprenticeship programs deemed appropriate. Eligible entities shall be permitted to use the funding provided pursuant to the program to fund student grants. Pursuant to established guidelines, the commissioners of the Department of Education and the Department of Labor [, in consultation with the committee] shall be responsible for the distribution of funds under the program.

(cf: P.L.2000, c.72, s.64)

43. Section 8 of P.L.1991, c.90 (C.26:6A-8) is amended to read as follows:

8. [a.] Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) the Department of Health shall establish rules, regulations, policies and practices as may be necessary to collect annual reports from health care institutions, to gather additional data as is reasonably necessary, to oversee and evaluate the implementation of this act. The department shall seek to minimize the burdens of record-keeping imposed by these rules, regulations, policies and practices, and shall seek to assure the appropriate confidentiality of patient records.

[b. The Department of Health, the Board of Medical Examiners, and the New Jersey Commission on Legal and Ethical Problems in the Delivery of Health Care shall jointly evaluate the implementation of this act and report to the Legislature, including recommendations for any changes deemed necessary, within five years from the effective date of this act.]

(cf: P.L.1991, c.90, s.8)

44. Section 4 of P.L.1995, c.209 (C.34:1B-96) is amended to read as follows:

4. The authority is authorized, notwithstanding any law to the contrary, to invest such moneys from the "Economic Recovery Fund," established pursuant to section 3 of P.L.1992, c.16 (C.34:1B-7.12), or from other export or business assistance programs administered by the authority, as may be available and which the authority deems appropriate for the purposes of this act, in an export financing company, hereinafter "the company," to be incorporated or organized pursuant to the provisions of this act, which, together with those investments which may be made in the stock or interest of the company by other public entities involved in international export markets that may include, but not necessarily be limited to, the Delaware River Port Authority and the Port Authority of New York and New Jersey, shall be at a minimum amount to be determined by the [Export Finance Company Advisory Council established pursuant to section 7 of this act] authority. The moneys shall be used for the purchase of stock or an interest in the company, provided that the class of stock or interest purchased by the authority and other public entities shall be of such type and character as to require the company to repay the investment of funds from the authority and other public entities prior to the repayment of funds from private sources, but in no event shall the amount of such stock or interest purchased by the authority and other public entities exceed 49% of the total outstanding stock or total shared interest of the company. The authority is authorized in its discretion to sell or otherwise dispose of the stock or interest purchased by the authority as shall be in the interest of the authority but the authority shall sell or otherwise dispose of the stock or interest no later than three years after the date of purchase.

Nothing in this act shall be construed to preclude the company from being organized as a limited liability company or to preclude the authority and other public entities involved in international export markets from purchasing an interest in such a limited liability company provided that the interest purchased by the authority and other public entities shall not exceed 49 percent of the total shared interest of the company, and provided that the operating agreement of the company grants the authority and any other public entity the right to resign and receive a distribution, representing the fair value of the authority's or public entity's interest in the company, prior to the resignation of and distribution to any private members.

(cf: P.L.1999, c.38, s.3)

45. Section 8 of P.L.1955, c.64 (C.34:16-27) is amended to read as follows:

8. The commission shall be authorized to:

(a) Adopt and promulgate such rules and regulations as may be necessary to carry out the provisions of this act.

(b) Provide vocational rehabilitation and independent living rehabilitation services, directly or through public or private instrumentalities to eligible handicapped individuals without discrimination as to sex, race, color, creed or national origin, except that the commission shall not duplicate services provided for blind persons under the care of the State commission to ameliorate the condition of the blind[,] and deaf persons under the care of the Marie H. Katzenbach School for the Deaf [and children under the care of the Crippled Children's Program], nor shall the commission provide services for persons who in its judgment are not feasible for rehabilitation. In case vocational rehabilitation and independent living rehabilitation services cannot be provided to all eligible handicapped persons who apply for such services, the commission shall provide, by regulation, the order to be followed in selecting those to whom such services will be provided.

(c) Construct or establish and operate rehabilitation facilities and workshops, which may include residential accommodations related to the rehabilitation of handicapped individuals and make grants to public and other nonprofit organizations for such purposes.

(d) Establish and supervise the operation of vending stands and other small businesses established pursuant to this act to be conducted by severely handicapped individuals.

(e) Make studies, investigations, demonstrations, and reports, and provide training and instruction (including the establishment and maintenance of such research fellowships and traineeships with such stipends and allowances as may be deemed necessary) in matters relating to vocational rehabilitation and independent living rehabilitation.

(f) Enter into reciprocal agreements with other States to provide for the vocational rehabilitation and independent living rehabilitation of residents of the States concerned.

(g) Accept and use gifts made, by will or otherwise, for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the commission are proper and consistent with the provisions of this chapter, may be accepted, held, invested, reinvested, or used in accordance with the conditions, if any, of the gift.

(h) Take such action as it deems necessary or appropriate to carry out the purposes of this act.

(cf: P.L.1969, c.91, s.2)

46. Section 2 of P.L.1989, c.202 (C.39:3-33.9) is amended to read as follows:

2. a. The Director of the Division of Motor Vehicles shall implement a phase-in program for the issuance of reflectorized motor vehicle registration plates in this State, the planning of which shall begin immediately for the issuance which shall begin on the first day of the seventh month following the report of the Reflectorized License Plate Selection Commission established pursuant to this section of this 1989 amendatory and supplementary act, P.L.1989, c.202 (C.39:3-33.9), except that the division shall first use any existing supplies of nonreflectorized plates which it orders prior to the commencement of the issuance. The purpose of the issuance shall be to change the color scheme and style of the registration plates in use prior to the beginning of the issuance in order to provide for greater contrast between the background of the plate and the lettering and to ensure that all plates are fully treated with a reflectorized material designed to increase their nighttime visibility and legibility. The color scheme and style of the new plates shall be selected by the Reflectorized License Plate Selection Commission [hereby created. The commission shall consist of five members, three appointed by the Governor, one by the President of the Senate, and one by the Speaker of the General Assembly. The commission shall select the color scheme and design of the new reflectorized license plate after considering the needs of law enforcement and highway safety, aesthetics, cost and the continued ability of the corrections system to manufacture the plate. The commission will first meet within 60 days of the effective date of this act and shall report its choice to the Director of the Division of Motor Vehicles within 180 days of this act becoming effective.] The markings on the plates shall be in accordance with specifications prescribed by the director.

For a period of six years commencing on the first day of the seventh month following enactment of this 1989 amendatory and supplementary act, P.L.1989, c.202 (C.39:3-33.9 et al.), the division may charge in addition to an annual motor vehicle registration fee, an additional annual fee not to exceed $0.40 for the costs of the issuance of reflectorized motor vehicle registration plates in this State.

b. The Director of the Division of Motor Vehicles shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) in order to effectuate the purposes of this act.

c. The director shall submit an annual progress report on the planning and implementation of the reflectorized motor vehicle registration plate phase-in program to the Governor and members of the Legislature with the first report to be submitted one year after enactment of this 1989 amendatory and supplementary act. The annual report submitted after the fourth year of implementation shall contain a recommendation as to the advisability and feasibility of a general recall of all plates of an earlier design that are still in use at the completion of the phase-in program. This report shall also contain the director's recommendation of a funding source for the ongoing costs associated with the continued issuance of reflectorized plates. The last report shall be submitted after the completion of the phase-in program.

(cf: P.L.1989, c.202, s.2)

47. Section 3 of P.L.1961, c.49 (C.52:14-17.27) is amended to read as follows:

3. There is hereby created a State Health Benefits Commission, consisting of five members: the State Treasurer; the Commissioner of Banking and Insurance; the [Commissioner of Personnel] Chair of the Merit System Board; a State employees' representative chosen by the Public Employees' Committee of the AFL-CIO; and a representative chosen by the New Jersey Education Association, which represents the largest number of employees of employers other than the State participating in the State Health Benefits Program.

The treasurer shall be chairman of the commission and the health benefits program authorized by P.L.1961, c.49 shall be administered in the Treasury Department. The Director of the Division of Pensions and Benefits shall be the secretary of the commission. The commission shall establish a health benefits program for the employees of the State, the cost of which shall be paid as specified in section 6 of P.L.1961, c.49. The commission shall establish rules and regulations as may be deemed reasonable and necessary for the administration of P.L.1961, c.49.

The Attorney General shall be the legal advisor of the commission.

The members of the commission shall serve without compensation but shall be reimbursed for any necessary expenditures. The public employee members shall not suffer loss of salary or wages during service on the commission.

The commission shall publish annually a report showing the fiscal transactions of the program for the preceding year and stating other facts pertaining to the plan. The commission shall submit the report to the Governor and furnish a copy to every employer for use of the participants and the public.

(cf: P.L.2003, c.71, s.1)

48. Section 3 of P.L.1983, c.467 (C.52:17B-9.8) is amended to read as follows:

3. In addition to any other powers and duties vested in it by law or by the Attorney General, the unit shall:

a. Coordinate, file and investigate all missing persons cases in this State, and cooperate with local law enforcement officials and federal law enforcement officials in the creation of a centralized office on missing persons in this State;

b. [Provide staff support for the work of the Commission on Missing Persons] Deleted by amendment, P.L. , c. (pending before the Legislature as this bill);

c. Collect and maintain data on missing persons and unidentified bodies in this State and throughout the United States;

d. Coordinate efforts with other states and with the federal government in the investigation of cases involving missing persons or unidentified bodies;

e. Provide specialized training to law enforcement officers and medical examiners in this State, in conjunction with the Police Training Commission, which would enable them to more efficiently handle the tracing of missing persons and unidentified bodies on the local level;

f. Employ the services of local law enforcement agencies or other social or governmental agencies.

(cf: P.L.1983, c.467, s.3)

49. Section 11 of P.L. 1983, c.467 (C.52:17B-9.16) is amended to read as follows:

11. A monetary donation made available to the State through the Missing Persons Unit [or the Commission on Missing Persons] which specifies the purchase of items or materials to be used for the purposes of this act or any donation of items or materials which meet the requirements of the Division of State Police, shall be accepted by the Attorney General on behalf of the State and distributed or appropriated for law enforcement and specifically used for the purposes of this act. A monetary donation shall be included in the annual appropriation bill and distributed in the same manner as other appropriations.

(cf: P.L.1983, c.467, s.11)

50. Section 2 of P.L.1978, c.176 (C.52:17B-143) is amended to read as follows:

2. The State Law Enforcement Planning Agency created pursuant to Executive Order No. 45, dated August 13, 1968, is continued and constituted as the State Law Enforcement Planning Agency (hereinafter "agency" ). For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the agency is allocated to the Department of Law and Public Safety, but, notwithstanding said allocation, the agency shall be independent of any supervision or control by the department or by any board or officer thereof. The agency shall be responsible to the Governor.

(cf: P.L.1978, c.176, s.2)

51. Section 6 of P.L.1978, c.176 (C.52:17B-147) is amended to read as follows:

6. The agency shall:

a. Serve as the State planning agency pursuant to the Federal Omnibus Crime Control and Safe Streets Act of 1968 and the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, and other related Federal or State acts;

b. [Be under the general oversight of the governing board which shall review, evaluate and approve the law enforcement improvement activities of the executive director and staff] Deleted by amendment, P.L. , c. (pending before the Legislature as this bill);

c. Advise and assist the Governor in developing policies, plans, programs and budgets for improving the coordination, administration and effectiveness of the criminal justice system in the State;

d. Prepare a State comprehensive criminal justice plan on behalf of the Governor, which plan, and any substantial modifications thereto, shall be submitted to the Legislature for an advisory review of goals, priorities and policies contained therein, and shall be periodically updated and based on an analysis of the State's criminal justice needs and problems;

e. Establish goals, priorities and standards for the reduction of crime and the improvement of the administration of justice in the State;

f. Recommend legislation concerning criminal justice matters to the Governor and Legislature;

g. Encourage local and regional comprehensive criminal justice planning efforts;

h. Monitor and evaluate programs and projects, funded in whole or in part by or through the State Government, aimed at reducing crime and delinquency and improving the administration of justice;

i. Cooperate with and render technical assistance to State agencies, units of county and local government and public or private agencies relating to the criminal justice system;

j. Apply for, contract for, receive and expend for its purposes any appropriations or grants from the State, its political subdivisions, the Federal Government or any other source, public or private;

k. Have the authority to collect from any State, county or local governmental entity information, data, reports, statistics or such other material which is necessary to carry out the agency's functions; and

l. Perform such other duties as may be necessary to carry out the purposes of this act.

(cf: P.L.1978, c.176, s.6)

52. Section 9 of P.L.1993, c.220 (C.52:17B-167) is amended to read as follows:

9. a. [There is hereby created the Safe and Secure Communities Selection Panel. The panel shall consist of eight members selected as follows: three members of the Senate appointed by the President of the Senate, no more than two of whom shall be of the same political party; three members of the General Assembly appointed by the Speaker of the General Assembly, no more than two of whom shall be of the same political party; and the Attorney General and the Commissioner of Community Affairs, who shall serve ex officio. Appointed members shall serve the duration of the current legislative term.

b.] The Attorney General [on or before September 1 and March 1 of each year shall forward to the panel his recommendations for the award of program grants pursuant to subsection b. of section 10 of this act.

c. The panel] shall [review applications for program grants and, after considering the recommendations of the Attorney General and the criteria established by this act,] select grant recipients.

d.] b. No more than 50% of the total dollar amount of grants awarded from the fund shall be allocated to municipalities eligible to receive state aid pursuant to subsections a., b. and c. of section 1 of P.L.1985, c.170 (C.52:27D-118.11).

[e.] c. No municipality shall receive a grant exceeding $200,000 for a project or $50,000 for equipment. However, if funding remains after all approved projects and law enforcement equipment grants have been funded in any program year, funding in excess of the amount specified in this subsection may be awarded to grantees [upon recommendation of] by the Attorney General [and approval by the Safe and Secure Communities Selection Panel].

[f. Initial grants under this program will be awarded only during the first two program years following the effective date of this act.

g.] d. A municipality which receives a grant for a project under this act may receive funding in subsequent years to continue that project. Approval of a continuation grant shall be contingent upon certification by the Attorney General that the project is effectively meeting the objectives of this act. A municipality that is eligible to receive an initial grant under this act shall be eligible to receive continuation funding.

(cf: P.L.1993, c.220, s.9)

53. Section 4 of P.L.1990, c. 83 (C.52:27D-43.28) is amended to read as follows:

4. The division shall establish not less than two but not more than five Hispanic women's demonstration resource centers; one in conjunction with an existing facility in southern New Jersey and the other in conjunction with an existing facility in northern New Jersey. The centers shall be established in locations serving populations of Hispanic women in northern and southern New Jersey through the issuance of grants to public or private nonprofit organizations servicing either women or Hispanic populations. In reviewing grant applications under this act, the division shall give due consideration to the needs of the Hispanic women in the municipality in which the applicant is located and surrounding area.

[There is created the Advisory Board for the Hispanic Women's Demonstration Resource Centers which shall consist of nine public members, two of whom shall be appointed by the Speaker of the General Assembly, not more than one of whom shall be from the same political party, two of whom shall be appointed by the President of the Senate, not more than one of whom shall be from the same political party, and five of whom shall be appointed by the Governor with no more than three from the same political party. When making these appointments the appointing authorities shall give due consideration to individuals having expertise in Hispanic women's affairs and being members of organized Hispanic groups, including the Hispanic Women's Task Force. The advisory board shall be appointed within 60 days of the enactment of this act. Vacancies in the membership of the advisory board shall be filled in the same manner as the original appointments were made.] The division shall develop comprehensive guidelines for the establishment, goals and operation of the centers. In carrying out the purpose of this act, the director shall consult with the Office of Hispanic Affairs [and the Advisory Board for the Hispanic Women's Demonstration Resource Centers].

(cf: P.L.1990, c.83, s.4)

54. Section 2 of P.L.1986, c.103 (C.52:27D-331) is amended to read as follows:

2. The Legislature finds and declares that: continuing care retirement communities are becoming an important and increasingly preferred alternative for the long-term residential, social and health care needs of New Jersey's senior citizens; because senior citizens often expend a significant portion of their savings in order to purchase care in the retirement community and thereby expect to receive care at the retirement community for the rest of their lives, tragic consequences can result to senior citizens when a continuing care provider becomes insolvent or unable to provide responsible care; and there is a need for full disclosure concerning the terms of agreements made between prospective residents and the continuing care providers and the operations of the providers; therefore, it is the policy of this State that providers of continuing care shall register with and be monitored by the State Department of Community Affairs [and that a Continuing Care Advisory Council be established to advise and assist the Commissioner of Community Affairs in the monitoring of these providers and the regulation of continuing care retirement facilities].

(cf: P.L.1986, c.103, s.2)

55. The following are repealed:

N.J.S.11A:2-1

N.J.S.11A:2-8

N.J.S.11A:2-9

N.J.S.11A:2-10

R.S.9:13-1 through R.S.9:13-6, inclusive

Sections 18 and 19 of P.L.1948, c.444 (C.26:1A-82 and 26:1A-83)

Sections 1 through 6 of P.L.1966, c.28 (C.40A:1A-2 through 40A:1A-7), inclusive

Section 3 of P.L.1978, c.176 (C.52:17B-144)

Section 5 of P.L.1978, c.176 (C.52:17B-146)

Section 35 of P.L.1983, c.65 (C.17:30E-23)

Sections 1 through 7 and section 10 of P.L.1983, c.333 (C.52:17B-151 through 52:17B-158), inclusive

Sections 1 through 6 of P.L.1983, c.352 (C.26:2M-1 through 26:2M-6), inclusive

Sections 4 through 10 of P.L.1983, c.467 (C.52:17B-9.9 through

52:17B-9.15), inclusive

Sections 1 through 6 of P.L.1985, c.363 (C.52:9Y-1 through 52:9Y-6), inclusive

Section 28 of P.L.1986, c.103 (C.52:27D-357)

Section 3 of P.L.1988, c.139 (C.52:27D-29.25)

Sections 2 and 9 through 11 of P.L.1991, c.165 (C.40A:1A-1, 40A:1A-8 through 40A:1A-10), inclusive

Section 20 of P.L.1991, c.201 (C.26:2H-72)

Sections 1 through 5 of P.L.1991, c.450 (C.13:1DD-1 through13:1DD-5), inclusive

Sections 1 through 7 of Joint Resolution No. 2 of 1991 (C.52:9DD-1 through 52:9DD-7), inclusive

Sections 7 and 8 of P.L.1995, c.209 (C.34:1B-99 and 34:1B-100)

Section 3 of P.L.1997, c.97 (C.12:6B-3)

Section 17 of P.L.1998, c.43 (C.26:2H-7.9)

Section 30 of P.L.1998, c.44 (C.52:27C-90)

Section 33 of P.L.1998, c.44 (C.52:27C-93)

Section 1 of P.L.1998, c.154 (C.52:27C-61);

Section 3 of P.L.1998, c.154 (C.52:27C-63);

Section 7 of P.L.1998, c.154 (C.52:27C-67);

Section 8 of P.L.1998, c.154 (C.52:27C-68);

Section 9 of P.L.1998, c.154 (C.52:27C-69);

Section 10 of P.L.1998, c.154 (C.52:27C-70);

Section 11 of P.L.1998, c.154 (C.52:27C-71);

Section 12 of P.L.1998, c.154 (C.52:27C-72);

Section 13 of P.L.1998, c.154 (C.52:27C-73);

Section 14 of P.L.1998, c.154 (C.52:27C-74);

Section 15 of P.L.1998, c.154 (C.52:27C-75);

Section 16 of P.L.1998, c.154 (C.52:27C-76);

Section 17 of P.L.1998, c.154 (C.52:27C-77);

Section 18 of P.L.1998, c.154 (C.52:27C-78);

Section 19 of P.L.1998, c.154 (C.52:27C-79); and

Section 20 of P.L.1998, c.44 (C.52:27C-80).

Sections 1 through 4 of Joint Resolution No. 1 of 1999 (C.52:14- 15.111 through 52:14-15.114), inclusive

Section 7 of P.L.2001, c.167 (C.2C:7-18)

Section 1 through 9 of P.L.2001, c.192 (C.52:9YY-1 through 52:9YY-9), inclusive

Section 1 through 17 of P.L.2001, c.262 (C.18A:71B-64 through 18A:71B-80), inclusive

56. This act shall take effect immediately.

STATEMENT

This bill abolishes the Department of Personnel and the office of the Commissioner of Personnel. The Merit System Board and the functions, powers and duties of the department and commissioner are transferred to the Department of the Treasury to be the responsibility of the State Treasurer. The bill repeals four provisions of law concerning the establishment of the department and appointment of the commissioner.

This bill abolishes the New Jersey Commerce, Economic Growth and Tourism Commission, the office of Chief Executive Officer and Secretary of the commission, and the Board of Directors and transfers the functions, powers, and duties of the commission, as well as offices and departments in the commission to the Department of State or the Department of Treasury.

The bill repeals several provisions of law concerning the establishment of the commission and the appointment and administrative functions of the Chief Executive Officer and Secretary and the Board of Directors of the commission that will no longer be necessary and that are not relevant to the functions, powers, and duties otherwise being transferred by this bill to other State departments.

In addition, this bill eliminates the following inactive commissions,

committees, councils and boards:

Alzheimer's Disease Study Commission

Advisory Board for the Hispanic Women's Demonstration Resource Centers

Apprenticeship Committee

Certificate of Need Study Commission

Commission on Missing Persons

Commission on Racism, Racial Violence and Religious Violence

Continuing Care Advisory Council

Crippled Children's Commission

Dredging Project Facilitation Task Force

Export Finance Company Advisory Council

Internet Registry Advisory Council

New Jersey Council on Environmental Quality

New Jersey Commission on Legal and Ethical Problems in the

Delivery of Health Care

New Jersey Commission to Deter Criminal Activity

New Jersey Health Data Commission

Policy Center on Aging Advisory Committee

Prepaid Higher Education Expense Board and Program

Public Officers Salary Review Commission

Reflectorized License Plate Selection Commission

Safe and Secure Communities Selection Panel

State Commission on County and Municipal Government

State Law Enforcement Planning Agency Governing Board

Study Commission to Evaluate the Implementation and Effects

of the New Jersey Automobile Insurance Reform Act of 1982

and New Jersey Automobile Full Insurance Availability Act

Predominately dating from the late 1970's, 1980's, 1990's and early 2000's (except for Crippled Children's Commission which dates from the late 1930's), these commissions, committees, councils and boards have served their purpose, been inactive for years, or no longer have a role to fulfill or were never organized.

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Bill Text: NJ A1043 | 2010-2011 | Regular Session | Introduced

New Jersey Assembly Bill 1043 (Prior Session Legislation)

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