S219

SENATE, No. 219

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Senator ADLER

An Act creating a Department of Commerce and Regulated Industries in the Executive Branch of State Government, defining its powers and responsibilities, and abolishing the Department of Banking, the Department of Insurance and the Department of Commerce and Economic Development.

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

1. This act shall be known and may be cited as the "Department of Commerce and Regulated Industries Act."

2. There is established in the Executive Branch of the State Government a principal department which shall be known as the Department of Commerce and Regulated Industries.

3. As used in this act:

"department" means the Department of Commerce and Regulated Industries; and

"commissioner" means the Commissioner of Commerce and Regulated Industries.

4. The head of the department shall be the Commissioner of Commerce and Regulated Industries.

5. The commissioner shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of a successor. The commissioner shall receive such salary as shall be provided by law. Any vacancy occurring in the position of commissioner shall be filled in the same manner as the original appointment.

6. The Department of Banking in the Executive Branch of State Government, established by P.L.1970, c.11 (C.17:1B-1 et seq.), is abolished. All functions, powers and duties of the Department of Banking are continued and transferred to the Department of Commerce and Regulated Industries established by this act.

7. The office of Commissioner of the Department of Banking is abolished. All the functions, powers and duties now vested in the Commissioner of Banking, pursuant to P.L.1970, c.11 (C.17:1B-1 et seq.), are transferred to and assumed by the commissioner.

8. Whenever in any law, rule, regulation, judicial or administrative proceeding or otherwise, reference is made to the Department of Banking, the same shall mean and refer to the department. In addition, whenever in any law, rule, regulation, judicial or administrative proceeding or otherwise, reference is made to the Commissioner of the Department of Banking, the same shall mean and refer to the commissioner.

9. There is established in the department the Division of Banking. The division shall be under the immediate supervision of an assistant commissioner, who shall be known as the Assistant Commissioner of the Division of Banking. The Assistant Commissioner shall be appointed by the commissioner to serve at the pleasure of the commissioner during the commissioner's term of office. The assistant commissioner so appointed shall receive such salary as shall be provided by law.

10. The Assistant Commissioner of the Division of Banking may organize the work of the division in such offices, bureaus and other organizational units as he may determine, subject to the approval of the commissioner, to be necessary for efficient and effective operation in the performance of his duties.

11. The Department of Insurance in the Executive Branch of State Government, established by P.L.1970, c.12 (C.17:1C-1 et seq.), is abolished. All the functions, powers, and duties of the Department of Insurance are continued and transferred to the Department of Commerce and Regulated Industries established by this act.

12. The offices of Commissioner of Insurance and Deputy Commissioner of Insurance are abolished. All the functions, powers and duties now vested in the Commissioner of Insurance and Deputy Commissioner of Insurance pursuant to P.L.1970, c.12 (C.17:1C-1 et seq.) are transferred to and assumed by the commissioner.

13. Whenever in any law, rule, regulation, judicial or administrative proceeding or otherwise, reference is made to the Department of Insurance, the same shall mean and refer to the department. In addition, whenever in any law, rule, regulation, judicial or administrative proceeding or otherwise, reference is made to the Commissioner of the Department of Insurance, the same shall mean and refer to the commissioner.

14. There is established in the department the Division of Insurance. The division shall be under the immediate supervision of an assistant commissioner, who shall be known as the Assistant Commissioner of the Division of Insurance. The assistant commissioner shall be appointed by the commissioner to serve at the pleasure of the commissioner during the commissioner's term of office. The assistant commissioner so appointed shall receive such salary as shall be provided by law.

15. The Assistant Commissioner of the Division of Insurance may organize the work of the division in such offices, bureaus and other organizational units as he may determine, subject to the approval of the commissioner, to be necessary for efficient and effective operation in the performance of his duties.

16. The Department of Commerce and Economic Development in the Executive Branch of State Government, established by P.L.1981, c.122 (C.52:27H-1 et seq.), is abolished. All the functions, powers, and duties of the Department of Commerce and Economic Development are continued and transferred to the Department of Commerce and Regulated Industries established by this act.

17. The offices of Commissioner and Deputy Commissioner of the Department of Commerce and Economic Development are abolished. All the functions, powers and duties now vested in those officials are transferred to and assumed by the commissioner.

18. Whenever in any law, rule, regulation, judicial or administrative proceeding or otherwise, reference is made to the Department of Commerce and Economic Development, the same shall mean and refer to the department. In addition, whenever in any law, rule, regulation, judicial or administrative proceeding or otherwise, reference is made to the Commissioner of the Department of Commerce and Economic Development, the same shall mean and refer to the commissioner.

19. There is established in the department the Division of Commerce and Economic Development. The various offices and divisions of the former Department of Commerce and Economic Development are transferred to, and constituted as, offices in the division. The division shall be under the immediate supervision of an assistant commissioner, who shall be known as the Assistant Commissioner of the Division of Commerce and Economic Development. The assistant commissioner shall be appointed by the commissioner to serve at the pleasure of the commissioner during the commissioner's term of office. The assistant commissioner so appointed shall receive such salary as shall be provided by law.

20. The Assistant Commissioner of the Division of Commerce and Economic Development may organize the work of the division in such offices, bureaus and other organizational units as he may determine, subject to the approval of the commissioner, to be necessary for efficient and effective operation in the performance of his duties.

21. The transfers directed by this act shall be effected pursuant to the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).

22. This act shall take effect 60 days after enactment, but any action necessary to effectuate its provisions may be taken prior to the expiration of that 60-day period.

STATEMENT

This bill creates a Department of Commerce and Regulated Industries as a principal department in the Executive Branch of State Government. The Department of Banking, the Department of Insurance and the Department of Commerce and Economic Development are abolished and the functions, powers and duties of these departments are transferred to the new department.

Creates Department of Commerce and Regulated Industries; abolishes the Department of Banking, the Department of Insurance and the Department of Commerce and Economic Development and transfers duties to the new department.