ASSEMBLY, No. 5455 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED MARCH 17, 2025
ASSEMBLY, No. 5455
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED MARCH 17, 2025
Sponsored by: Assemblywoman JESSICA RAMIREZ District 32 (Hudson) SYNOPSIS Authorizes majority of Commission on Human Trafficking membership to exercise powers and duties of commission. CURRENT VERSION OF TEXT As introduced.
Sponsored by:
Assemblywoman JESSICA RAMIREZ
District 32 (Hudson)
SYNOPSIS
Authorizes majority of Commission on Human Trafficking membership to exercise powers and duties of commission.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the Commission on Human Trafficking and amending P.L.2013, c.51. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. Section 1 of P.L.2013, c.51 (C.52:17B-237) is amended to read as follows: 1. a. There is hereby created, in the Division of Criminal Justice in the Department of Law and Public Safety, a commission to be known as the Commission on Human Trafficking[, consisting] The commission shall consist of 17 members as follows: the Attorney General, or the Attorney General's designee; the Commissioner of Children and Families, or the commissioner's designee; the Commissioner of Human Services, or the commissioner's designee; a county prosecutor, appointed by the Governor based upon the recommendation of the County Prosecutors Association of the State of New Jersey; one member of the New Jersey Human Trafficking Task Force established within the Department of Law and Public Safety, designated by the Attorney General; the Executive Director of the Division of Violence Intervention and Victim Assistance or the executive director's designee; two public members appointed by the Governor based upon the recommendation of the Senate President, one representing law enforcement and one representing a victim's assistance organization; one public member appointed by the Governor based upon the recommendation of the Senate Minority Leader representing either a non-profit health care facility or mental health services; two public members appointed by the Governor based upon the recommendation of the Speaker of the General Assembly, one representing law enforcement and one representing a victim's assistance organization; one public member appointed by the Governor based upon the recommendation of the Assembly Minority Leader representing either a non-profit health care facility or mental health services; and five public members appointed by the Governor, one of whom shall be a representative of a child advocacy organization concerning missing, abducted, or exploited children, and one of whom shall be a human trafficking survivor. All public members shall have experience with, possess a background in, or demonstrate a specialized knowledge of, the legal, policy, educational, social, or psychological aspects of human trafficking. b. (1) Of the public members first appointed: (a) the following shall serve for a term of three years: one member appointed upon the recommendation of the Senate President; one member appointed upon the recommendation of the Speaker of the General Assembly; and two members appointed by the Governor; and (b) the following shall serve for a term of two years: one member appointed upon the recommendation of the Senate President; one member appointed upon the recommendation of the Speaker of the General Assembly; each member appointed upon the recommendation of the Senate and Assembly Minority Leaders; and three members appointed by the Governor. (c) Upon the conclusion of the initial terms, each public member shall be appointed for a term of three years. (2) Each member appointed shall hold office for the term of appointment and until a successor shall have been appointed and qualified. (3) Any vacancy in the membership of the commission shall be filled by appointment in the same manner as the original appointment was made. c. (1) The commission shall organize upon the appointment of a majority of its [authorized] membership. The members shall elect one of the members to serve as chair and vice-chair, and the chair may appoint a secretary, who need not be a member of the commission. (2) The commission shall meet at those times and places within the State of New Jersey as the commission shall determine. A majority of the commission's [authorized] membership shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission. d. The members of the commission shall serve without compensation, but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their official duties within the limits of funds appropriated or otherwise made available to the commission for its purposes. e. The Division of Criminal Justice in the Department of Law and Public Safety shall, at the direction of the Attorney General, provide legal, stenographic, technical, clerical, and other staff and resource assistance to the commission, and additionally the commission may incur expenses as may be necessary in order to perform its duties within the limits of funds appropriated or otherwise made available to it for its purposes. f. It shall be the duty of the commission to: (1) Evaluate the existing law concerning human trafficking and the enforcement thereof, and to make recommendations for legislation, if appropriate; (2) Review existing victim assistance programs and analyze the costs, organization, and availability of these services for victims of human trafficking and to make recommendations for legislation, if appropriate; (3) Promote a coordinated response by public and private resources for victims of human trafficking; and (4) Develop mechanisms to promote public awareness of human trafficking, victim remedies and services, and trafficking prevention including the creation of a public awareness sign promoting the national, 24-hour toll-free hotline telephone service on human trafficking described under section 18 of P.L.2013, c.51 (C.2C:13-11), and the promotion of training courses and other educational materials for use by persons required under section 19 of P.L.2013, c.51 (C.2C:13-12) to undergo training on the handling of and response procedures for suspected human trafficking activities. g. The commission shall report annually to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), its activities, as well as its findings and recommendations for any needed new services or resources for victims of human trafficking, and any proposed changes to the current law concerning human trafficking. (cf: P.L.2023, c.167, s.14) 2. This act shall take effect immediately. STATEMENT This bill authorizes a majority of Commission on Human Trafficking (commission) membership to exercise the powers and duties of the commission. The commission is a 17-member commission that was created by the Legislature in 2013 as part of the Human Trafficking Prevention, Protection, and Treatment Act (P.L. 2013, c. 51). The commission is responsible for: evaluating existing law concerning human trafficking and making recommendations for legislation; reviewing existing victim assistance programs and analyzing the costs, organization, and availability of services for victims; promoting a coordinated response by public and private resources for victims of human trafficking; and developing mechanisms to promote public awareness of human trafficking, victim remedies and services, and trafficking prevention. The commission is required to report annually to the Governor and to the Legislature regarding its activities, findings, and recommendations. Under current law, a majority of the commission's "authorized membership" is required to achieve a quorum. Accordingly, nine members must be present in order for the commission to perform its duties. Due to vacancies in the commission, this requirement can make it difficult to achieve a quorum, and can result in an inability of the commission to perform its duties. The provisions of the bill would authorize the commission to exercise its powers and perform its duties when a majority of the commission's current members are present, rather than a fixed number of nine members.
An Act concerning the Commission on Human Trafficking and amending P.L.2013, c.51.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2013, c.51 (C.52:17B-237) is amended to read as follows:
1. a. There is hereby created, in the Division of Criminal Justice in the Department of Law and Public Safety, a commission to be known as the Commission on Human Trafficking[, consisting]
The commission shall consist of 17 members as follows: the Attorney General, or the Attorney General's designee; the Commissioner of Children and Families, or the commissioner's designee; the Commissioner of Human Services, or the commissioner's designee; a county prosecutor, appointed by the Governor based upon the recommendation of the County Prosecutors Association of the State of New Jersey; one member of the New Jersey Human Trafficking Task Force established within the Department of Law and Public Safety, designated by the Attorney General; the Executive Director of the Division of Violence Intervention and Victim Assistance or the executive director's designee; two public members appointed by the Governor based upon the recommendation of the Senate President, one representing law enforcement and one representing a victim's assistance organization; one public member appointed by the Governor based upon the recommendation of the Senate Minority Leader representing either a non-profit health care facility or mental health services; two public members appointed by the Governor based upon the recommendation of the Speaker of the General Assembly, one representing law enforcement and one representing a victim's assistance organization; one public member appointed by the Governor based upon the recommendation of the Assembly Minority Leader representing either a non-profit health care facility or mental health services; and five public members appointed by the Governor, one of whom shall be a representative of a child advocacy organization concerning missing, abducted, or exploited children, and one of whom shall be a human trafficking survivor.
All public members shall have experience with, possess a background in, or demonstrate a specialized knowledge of, the legal, policy, educational, social, or psychological aspects of human trafficking.
b. (1) Of the public members first appointed:
(a) the following shall serve for a term of three years: one member appointed upon the recommendation of the Senate President; one member appointed upon the recommendation of the Speaker of the General Assembly; and two members appointed by the Governor; and
(b) the following shall serve for a term of two years: one member appointed upon the recommendation of the Senate President; one member appointed upon the recommendation of the Speaker of the General Assembly; each member appointed upon the recommendation of the Senate and Assembly Minority Leaders; and three members appointed by the Governor.
(c) Upon the conclusion of the initial terms, each public member shall be appointed for a term of three years.
(2) Each member appointed shall hold office for the term of appointment and until a successor shall have been appointed and qualified.
(3) Any vacancy in the membership of the commission shall be filled by appointment in the same manner as the original appointment was made.
c. (1) The commission shall organize upon the appointment of a majority of its [authorized] membership. The members shall elect one of the members to serve as chair and vice-chair, and the chair may appoint a secretary, who need not be a member of the commission.
(2) The commission shall meet at those times and places within the State of New Jersey as the commission shall determine. A majority of the commission's [authorized] membership shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission.
d. The members of the commission shall serve without compensation, but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their official duties within the limits of funds appropriated or otherwise made available to the commission for its purposes.
e. The Division of Criminal Justice in the Department of Law and Public Safety shall, at the direction of the Attorney General, provide legal, stenographic, technical, clerical, and other staff and resource assistance to the commission, and additionally the commission may incur expenses as may be necessary in order to perform its duties within the limits of funds appropriated or otherwise made available to it for its purposes.
f. It shall be the duty of the commission to:
(1) Evaluate the existing law concerning human trafficking and the enforcement thereof, and to make recommendations for legislation, if appropriate;
(2) Review existing victim assistance programs and analyze the costs, organization, and availability of these services for victims of human trafficking and to make recommendations for legislation, if appropriate;
(3) Promote a coordinated response by public and private resources for victims of human trafficking; and
(4) Develop mechanisms to promote public awareness of human trafficking, victim remedies and services, and trafficking prevention including the creation of a public awareness sign promoting the national, 24-hour toll-free hotline telephone service on human trafficking described under section 18 of P.L.2013, c.51 (C.2C:13-11), and the promotion of training courses and other educational materials for use by persons required under section 19 of P.L.2013, c.51 (C.2C:13-12) to undergo training on the handling of and response procedures for suspected human trafficking activities.
g. The commission shall report annually to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), its activities, as well as its findings and recommendations for any needed new services or resources for victims of human trafficking, and any proposed changes to the current law concerning human trafficking.
(cf: P.L.2023, c.167, s.14)
2. This act shall take effect immediately.
STATEMENT
This bill authorizes a majority of Commission on Human Trafficking (commission) membership to exercise the powers and duties of the commission.
The commission is a 17-member commission that was created by the Legislature in 2013 as part of the Human Trafficking Prevention, Protection, and Treatment Act (P.L. 2013, c. 51). The commission is responsible for: evaluating existing law concerning human trafficking and making recommendations for legislation; reviewing existing victim assistance programs and analyzing the costs, organization, and availability of services for victims; promoting a coordinated response by public and private resources for victims of human trafficking; and developing mechanisms to promote public awareness of human trafficking, victim remedies and services, and trafficking prevention. The commission is required to report annually to the Governor and to the Legislature regarding its activities, findings, and recommendations.
Under current law, a majority of the commission's "authorized membership" is required to achieve a quorum. Accordingly, nine members must be present in order for the commission to perform its duties. Due to vacancies in the commission, this requirement can make it difficult to achieve a quorum, and can result in an inability of the commission to perform its duties. The provisions of the bill would authorize the commission to exercise its powers and perform its duties when a majority of the commission's current members are present, rather than a fixed number of nine members.