Bill Text: NJ A2949 | 2010-2011 | Regular Session | Introduced


Bill Title: Reorganizes New Jersey Public Broadcasting Authority as New Jersey Public Media Corporation.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2010-06-17 - Introduced, Referred to Assembly Telecommunications and Utilities Committee [A2949 Detail]

Download: New_Jersey-2010-A2949-Introduced.html

ASSEMBLY, No. 2949

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JUNE 16, 2010

 


 

Sponsored by:

Assemblyman  JOHN S. WISNIEWSKI

District 19 (Middlesex)

Assemblywoman  BONNIE WATSON COLEMAN

District 15 (Mercer)

Assemblyman  PAUL D. MORIARTY

District 4 (Camden and Gloucester)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Assemblywoman  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

Co-Sponsored by:

Assemblymen Chivukula and Coughlin

 

 

 

 

SYNOPSIS

     Reorganizes New Jersey Public Broadcasting Authority as New Jersey Public Media Corporation.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning a reorganization of the New Jersey Public Broadcasting Authority as the New Jersey Public Media Corporation, amending the title of P.L.1968, c.405, amending and supplementing various parts of the statutory law, and repealing section 24 of P.L.1998, c.44.

 

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

 

     1.    The title of P.L.1968, c.405 (C.48:23-1 et seq.) is amended to read as follows:

An Act concerning a system of public broadcasting and public broadcasting telecommunications for the State of New Jersey and establishing the New Jersey Public [Broadcasting Authority] Media Corporation.

(cf: P.L.1968, c.405, title)

 

     2.    Section 1 of P.L.1968, c.405 (C.48:23-1) is amended to read as follows:

     1.    [This act] Sections 1 through 11 of P.L.1968, c.405 (C.48:23-1 et seq.) and sections 9, 10, and 15 of P.L.    , c.    (C.       ) (pending before the Legislature as this bill) shall be known and may be cited as the "New Jersey Public [Broadcasting Authority Act of 1968] Media Corporation Act."

(cf: P.L.1968, c.405, s.1)

 

     3.    Section 2 of P.L.1968, c.405 (C.48:23-2) is amended to read as follows:

     2.    For the purposes of this act, unless otherwise indicated by the context:

     ["Authority"] "Board" means the board of the New Jersey Public [Broadcasting Authority] Media Corporation.

     ["Commission"] "Corporation" means the New Jersey Public [Broadcasting Commission] Media Corporation.

     "Public broadcasting" includes all aspects of noncommercial radio and television, open and closed circuit, including the production and dissemination of public and community affairs, educational, cultural, and instructional information to the public at large within the State.  For the purposes of [this act] P.L.1968, c.405 (C.48:23-1 et seq.), public broadcasting does not include radio and television transmissions for internal communications, as presently used by public and private agencies in fields such as law enforcement, safety, transportation, traffic control, civil defense, and the like, except that this limitation shall not apply when an
emergency condition exists and notification of the emergency condition is received by the authority pursuant to section 3 of P.L.1989, c.133 (C.53:1-21.6) nor shall this limitation apply with regard to preparations or planning for such an emergency condition.

     "Public broadcasting telecommunications" includes all public broadcasting services relating to public broadcasting including intercommunications, datacasting, closed circuit Instructional Television Fixed Service (ITFS), and other services requiring Federal Communications Commission spectrum allocations for transmission of electrical impulses that specifically and integrally relate to New Jersey public broadcasting.  Facilities typical for application of these services would encompass micro-wave interconnection, aural and video TV transmission, multiplexing, laser beam utilization, satellite interconnection systems, and other appropriate technological devices.

(cf: P.L.2005, c.35, s.1)

 

     4.    Section 3 of P.L.1968, c.405 (C.48:23-3) is amended to read as follows:

     3.    [There is hereby established in the Executive Branch of the State Government the] a.  The New Jersey Public Broadcasting Authority, established pursuant to P.L.1968, c.405 (C.48:23-1 et seq.) and transferred in but not of the Department of State pursuant to section 24 of P.L.1998, c.44 (C.52:27C-84), is continued as the New Jersey Public Media Corporation.  For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the [authority] corporation [is hereby] shall continue to be allocated within the Department of [Public Utilities] State, but notwithstanding [said] such allocation, the [authority] corporation shall be independent of any supervision or control by the department or by any [board] agency or officer thereof.

     b.    The corporation shall submit its budget request directly to the Division of Budget and Accounting in 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 Department of State may render administrative assistance including, but not limited to, personnel and fiscal assistance, upon request of the corporation.  The cost and expense of any service rendered may be paid by the corporation.

     e.     Regulations adopted by the authority shall continue with full force and effect until amended or repealed pursuant to law.

(cf: P.L.1968, c.405, s.3)

 

     5.    Section 4 of P.L.1968, c.405 (C.48:23-4) is amended to read as follows:

     4.    a. The [authority] corporation shall consist of [the New Jersey Public Broadcasting Commission] a board, which shall be the head of the [authority] corporation, [an executive director] a president, who shall be the principal executive officer of the [authority] corporation, and such other officers and employees authorized to be appointed and employed by [this act] P.L.1968, c.405 (C.48:23-1 et seq.).

     b.    The [commission] board shall be composed of [15] 11 members, [5] one of whom shall be an ex-officio [members, viz.] member, namely, the [Commissioner of Education, the Chancellor of Higher Education, the Commissioner of Community Affairs, the Attorney General and the State Treasurer,] Secretary of State, or when so designated by [them, their deputies] the secretary, the secretary's deputy, and 10 residents of the State.  Of the members of the board appointed after the effective date of P.L.    , c.    (C.       ) (pending before the Legislature as this bill), at least one member shall represent the public, one member shall represent a business, one member shall represent a labor organization, one member shall represent a racial minority group, and one member shall be a corporation employee with a right to vote on all non-personnel matters; further, members shall have the experience and training necessary to establish an audit committee as provided in section 10 of P.L.    , c.    (C.       ) (pending before the Legislature as this bill).

     c.     The citizen members of the [commission] board shall be appointed by the Governor with the advice and consent of the Senate and shall be selected without regard to political belief or affiliation.  The term of office of appointed members, except for first appointments, shall be for [5] five years.  Each member shall serve until [his] the member's successor shall have been appointed and qualified and vacancies shall be filled in the same manner as the original appointments for the remainder of the unexpired term.  The terms of the members initially appointed shall be designated by the Governor so that [2] two of such terms shall expire on June 30 in each successive year ensuing after such appointments.

     d.    The members of the [commission] board shall receive no compensation for their services, but may be reimbursed for their expenses in performing their duties.

     e.     The [commission] board shall hold public meetings at such places within the State as it shall designate at least once quarterly and at such other times as in its judgment may be necessary.

     f.     The [commission] board shall organize annually in July of each year by the election of a [chairman] chair, [vice-chairman] vice-chair, and such other officers as the [commission] board shall determine, except that the first [chairman] chair shall be designated by the Governor.  Officers shall serve until the following July meeting and until their successors are elected and qualified.  Vacancies in such offices shall be filled in the same manner for the unexpired term only.

     g.     Board members shall receive ethics training annually.

     h.     The [executive director] president shall be the secretary of the [commission] board and shall have custody of its official seal. With the approval of the [commission] board, [he] the president may designate an employee of the [authority] corporation to perform such duties of the secretary and such other services as the [commission] board shall designate.

(cf: P.L.1968, c.405, s.4)

 

     6.    Section 5 of P.L.1968, c.405 (C.48:23-5) is amended to read as follows:

     5.    The [commission] board shall, subject to the approval of the Governor, appoint [an executive director] a president, who shall not be a member of the board.  The [executive director] president shall receive such salary as shall be [provided by law] no higher than the maximum salary provided in section 1 of P.L.1974, c.55 (C.52:14-15.107)[He] The president shall devote [his] the president's entire time to performance of [his] the president's duties and shall [, unless and until removed by the Governor,] hold office at the will of the [commission] board.  Appointment of the [executive director] president shall not be restricted to residents of this State.  The [executive director] president may be removed from office by the Governor, upon notice and opportunity to be heard.

(cf: P.L.1968, c.405, s.5)

 

     7.    Section 6 of P.L.1968, c.405 (C.48:23-6) is amended to read as follows:

     6.    The [executive director] president shall, subject to the approval of the [commission] board, appoint such assistants and employees as the [commission] board shall deem necessary to carry out the mission of the corporation based on its financial ability and prescribe their powers and duties.  Such assistants and employees of the [commission] corporation shall be chosen without reference to party affiliations, solely on grounds of fitness to perform their duties and their employment shall be [in the unclassified service of the State] without regard to the provisions of Title 11A of the New Jersey Statutes, except that employees performing stenographic [,] or clerical [or other] duties [not directly related to public broadcasting] shall be [appointed pursuant to Title 11 (Civil Service) of the Revised Statutes] classified employees subject to the provisions of Title 11A of the New Jersey Statutes.  With the exception of employees having civil service status, the employees of the [commission] corporation shall receive such compensation as shall from time to time be fixed by the [commission] board within the limits of available appropriations therefor.  The corporation shall by October 31 of each year submit to the Governor a list of all full-time employees and officers of the corporation and the salaries, wages, and compensation received by those officers and employees during the preceding fiscal year.

(cf: P.L.1968, c.405, s.6)

 

     8.    Section 7 of P.L.1968, c.405 (C.48:23-7) is amended to read as follows:

     7.    The [authority] corporation shall have the power to:

     a.     Adopt and from time to time amend and repeal suitable by-laws for the management of [its] the corporation's affairs;

     b.    Adopt and use the official seal and alter the same at [its] the pleasure of the board;

     c.     Maintain an office at such place or places within the State as [it] the board may designate;

     d.    Establish, own, and operate noncommercial educational television or radio broadcasting stations, one or more public broadcasting and public broadcasting telecommunications networks or systems, and interconnection and program production facilities;

     e.     Apply for, receive, and hold such authorizations and licenses and assignments and reassignments of channels from the Federal Communications Commission (FCC) as may be necessary to conduct its operations, purchase or accept as purchaser or assignee, and hold such authorizations and licenses pursuant to the sale or the assignment thereof by the corporation, subject to the approval of the FCC, and prepare, and file and prosecute before the FCC all applications, reports, or other documents or requests for authorization of any type necessary or appropriate to achieve the authorized purposes of the [authority] corporation;

     f.     Provide co-ordination and information on matters relating to public broadcasting telecommunications among the agencies of the State Government, all facets of New Jersey public education and individuals, associations, and institutions working in these fields both within and without the State;

     g.     Establish State-wide equipment compatibility policies and determine the  method of interconnection to be employed within the State's public broadcasting  system;

     h.     Assume responsibility for the character, diversity, quality, and excellence of programming which is released via its licensed facilities, provided that programs or series of programs of a controversial nature shall be presented with balance, fairness, and equity;

     i.      Provide appropriate advisory assistance to other agencies of the State and local and regional groups regarding public broadcasting techniques, planning, budgeting, and related issues;

     j.     Make to the Governor and the Legislature such recommendations as the [authority] corporation deems necessary with regard to appropriations relative to public broadcasting and public broadcasting telecommunications equipment and facilities;

     k.    Subject to the approval of the Governor, receive and administer gifts, contributions, and funds from public and private sources to be expended for public broadcasting and public broadcasting telecommunications operations, facilities, and programming consistent with furthering the purposes of the [authority] corporation;

     l.      Co-operate with Federal agencies, for the purpose of obtaining matching and other Federal funds and providing public broadcasting and public broadcasting telecommunications facilities throughout the State and to make such reports as may be required of the State.  The [authority] corporation shall likewise provide appropriate advisory assistance to local school districts and others on such matters;

     m.    Contract with program production organizations, individuals, and noncommercial educational television and radio stations within and without the State to produce, or otherwise to procure, educational television or radio programs for use by noncommercial stations within the State;

     n.     Establish and maintain a library and archives of educational television and radio programs and related materials, disseminate information about such programs and make suitable arrangements for the use of such programs and materials by colleges, universities, schools, and noncommercial television and radio stations;

     o.    Conduct explorations, research, demonstrations, or training in matters related to public broadcasting and public broadcasting telecommunications in the State, directly; or through contracts with appropriate agencies, organizations, or individuals; or by grants to nonprofit, noncommercial organizations such as colleges, universities, schools, and noncommercial television and radio stations;

     p.    Acquire, [subject to the provisions of P.L.1954, chapter 48,] through lease, purchase, or otherwise, real [and other] property and to hold and use this property for public broadcasting and public broadcasting telecommunications purposes;

     q.    Contract [, subject to] directly, in the manner provided in P.L.1968, c.405 (C.48:23-1 et seq.) and notwithstanding the provisions to the contrary of P.L.1954, [chapter 48] c.48 (C.52:34-6 et seq.) or any other law, for the construction, repair, maintenance, and operations of public broadcasting and public broadcasting telecommunications facilities including program production center, stations, and interconnection facilities;

     r.     Make arrangements, where appropriate, with companies or other agencies and institutions operating suitable interconnection facilities (e.g., landlines or satellites); [and]

     s.     Make reasonable rules and regulations to carry out the provisions of [this act] P.L.1968, c.405 (C.48:23-1 et seq.) and P.L.    , c.    (C.       ) (pending before the Legislature as this bill);

     t.     Acquire, through purchase, contract, or otherwise, the goods, services, and equipment necessary for the production of programs and for the operations and maintenance of broadcast and telecommunications facilities directly, in the manner provided in P.L.1968, c.405 (C.48:23-1 et seq.) and notwithstanding the provisions to the contrary of P.L.1948, c.92 (C.52:18A-1 et seq.), chapters 25, 32, and 33 of Title 52 of the Revised Statutes, or any other law;

     u.     Lease its property in a manner consistent with the provisions of P.L.1968, c.405 (C.48:23-1 et seq.);

     v.     Call to its assistance and avail itself of the services of any federal, State, county, or municipal department or agency, or the employees thereof, as it may require and as may be available to it for such purpose;

     w.    Except as otherwise provided in P.L.1968, c.405 (C.48:23-1 et seq.), make payment for all expenses incurred by the corporation in carrying out the provisions of P.L.1968, c.405 from funds available to the corporation therefor.  No liability or obligation shall be incurred by the corporation beyond the extent to which moneys are available;

     x.     Maintain all records of accounts, bills, vouchers, contracts, or other papers connected with, or used or filed with, the corporation or with any officer or employee acting for, or on, its behalf as public records, which shall be open to public inspection in accordance with the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) and P.L.2001, c.404 (C.47:1A-5 et al.) and regulations prescribed by the corporation;

     y.     Cause an audit of its books and accounts to be made at least once a year by certified public accountants hired by the State Treasurer, the cost of such audit shall be borne by the corporation. A certified duplicate copy thereof shall be filed with the State Auditor and shall be posted promptly thereafter on the corporations's Internet website;

     z.     Contract for, and accept any gifts or grants or loans of funds or property or financial or other aid in any form, from the United States of America or any agency or instrumentality thereof, or from the State or any agency, instrumentality, or political subdivision thereof, or from any other source, and comply with the terms and conditions thereof; and

     aa.   Deposit corporate revenues in interest bearing accounts, and make such arrangements with such banks, financial institutions, and State departments and agencies as the corporation deems appropriate for the prudent management of such funds in the public interest.

(cf: P.L.1968, c.405, s.7)

 

     9.    (New section) a. All purchases, contracts, or agreements made or awarded directly by the corporation shall be made or awarded only after public advertisement for bids therefor, except as provided in subsection e. of this section.

     b.    Whenever advertising is required: (1) specifications and invitations for bids shall permit such full and free competition as is consistent with the procurement of goods, services, supplies, and equipment necessary to meet the requirements of the corporation; (2) the advertisement for bids shall be in such newspaper or newspapers selected by the corporation as will best give notice thereof to bidders and shall be sufficiently in advance of the purchase or contract to promote competitive bidding; and (3) the advertisement shall designate the time and place when and where sealed proposals shall be received and publicly opened and read, the amount of the cash, certified check, cashiers check, or bank check, if any, which shall accompany each bid, and such other terms as the corporation may deem proper.

     c.     The corporation may reject any or all bids not in accordance with the advertisement of specifications, or may reject any or all bids if the price of the work materials is excessively above the estimated cost or when the corporation shall determine that it is in the public interest to do so.  The corporation shall prepare a list of the bids, including any rejected and the cause therefor.  The corporation may accept bids containing minor informalities.  Awards shall be made by the corporation with reasonable promptness by written notice to the responsible bidder whose bid, conforming to the invitation for bids, will be the most advantageous to the State, price and other factors considered.

     d.    The corporation shall determine the terms and conditions of the various types of purchases, contracts, and agreements, including provisions for adequate security, the time and amount or percentage of each payment thereon and the amount to be withheld pending completion of the terms and conditions of the purchase, contract, or agreement, and it shall issue and publish rules and regulations concerning such terms and conditions, standard contract forms and standard purchase forms, and such other rules and regulations concerning purchasing or procurement, not inconsistent with any applicable law, as it may deem advisable to promote competition and to protect public interest.

     e.     Any purchase, contract, or agreement may be made, negotiated or awarded by the corporation without advertising under the following circumstances:

     (1)   When the aggregate amount involved does not exceed $7,500.00; or

     (2)   In all other cases when the corporation seeks to acquire subject matter described in section 4 of P.L.1954, c.48 (C.52:34-9) or to make a purchase, contract, or agreement under the circumstances described in sections 5 of P.L.1954, c.48 (C.52:34-10).

     f.     The corporation shall require that all persons proposing to submit bids on improvements to capital facilities and equipment shall first be classified by the corporation as to the character and amount of work on which they shall be qualified to submit bids. Bids shall be accepted only from persons qualified in accordance with such classification.

 

     10.  (New section) a. The board shall establish from among its members an audit committee.  The chair of the committee shall have accounting or related financial management expertise and the board shall make efforts to ensure that a majority of the members of the committee have such expertise.

     b.    The audit committee shall have a written charter that addresses the committee's purpose and responsibilities which shall include, but not be limited to:

     (1)   assisting the board in ensuring and safeguarding the integrity of the corporation's financial statements;

     (2)   assisting the board in overseeing and evaluating the performance of outside auditors retained by the corporation;

     (3)   assisting the board in overseeing and evaluating the performance of the corporation's internal audit function;

     (4)   ensuring that allegations of misconduct or conflict of interest are evaluated and investigated; and

     (5)   ensuring the corporation's compliance with all relevant legal and regulatory requirements.

     c.     The audit committee shall prepare an annual audit committee report for submission to the board.

     d.    The audit committee shall keep minutes of its meetings.

 

     11.  Section 8 of P.L.1968, c.405 (C.48:23-8) is amended to read as follows:

     8.    The [authority] corporation shall have no power to issue bonds, notes, or other obligations, or to mortgage, pledge, or otherwise encumber the assets of the [authority] corporation or any of its income; and no part of the income or the assets of the [authority] corporation shall inure to the benefit of any director,
officer, employee, or any other individual, except as may be provided as salary or reasonable compensation for services.

(cf: P.L.1968, c.405, s.8)

 

     12.  Section 9 of P.L.1968, c.405 (C.48:23-9) is amended to read as follows:

     9.    The [authority] corporation shall be prohibited from supporting or opposing any political party or candidate for public office, elective or otherwise, and from attempting to influence the enactment of legislation.  The [authority] corporation shall not, however, be precluded from promoting full discussions of public issues.

(cf: P.L.1968, c.405, s.9)

 

     13.  Section 10 of P.L.1968, c.405 (C.48:23-10) is amended to read as follows:

     10.  Nothing in this act concerning the [authority's] corporation's activities in the field of instructional television shall be deemed to supersede the responsibilities of the Commissioner of Education, the [Chancellor of] New Jersey Commission on Higher Education, and local school governing bodies with respect to the determination of educational policies or curriculum content.

(cf: P.L.1968, c.405, s.10)

 

     14.  Section 11 of P.L.1968, c.405 is amended to read as follows:

     11.  There is hereby appropriated to the [authority] corporation such sums as shall be included in any annual or special appropriations act.

(cf: P.L.1968, c.405, s.11)

 

     15.  (New section) The appointed members of the New Jersey Public Broadcasting Commission in office on the effective date of P.L.    , c.    (C.       ) (pending before the Legislature as this bill) may continue in office as members of the board of the New Jersey Public Media Corporation for the terms to which they were appointed as members of the commission.

 

     16.  Section 1 of P.L.1989, c.133 (C.48:23-11) is amended to read as follows:

     1.    The New Jersey Public [Broadcasting Authority] Media Corporation shall, upon notification by the Director of the State Office of Emergency Management in the Division of State Police that an emergency condition exists, immediately operate its public broadcasting telecommunications stations to broadcast news and information concerning the emergency condition.  If the emergency condition affects less than the entire State, the [authority] corporation may limit its broadcast to its public broadcasting telecommunications stations which broadcast in the affected region or regions.  The [authority] corporation shall then operate its public broadcasting telecommunications stations for the duration of the emergency, or longer, as is necessary to provide information concerning the emergency.

(cf: P.L.2005, c.35, s.2)

 

     17.  Section 2 of P.L.1989, c.133 (C.48:23-12) is amended to read as follows:

     2.    In order to qualify for funding provided pursuant to section 4 of [this act] P.L.1989, c.133 (C.52:14E-8.1), the New Jersey Public [Broadcasting Authority] Media Corporation shall coordinate its emergency broadcast activities with the federal, State, county, and municipal entities in charge of emergency services in order to assure that the [authority] corporation has relevant and accurate emergency information and to enhance the overall emergency communications network.

(cf: P.L.1989, c.133, s.2)

 

     18.  Section 1 of P.L.1990, c.114 (C.48:23-13) is amended to read as follows:

     1.    The New Jersey Public [Broadcasting Authority] Media Corporation is authorized to establish a nonprofit, educational, and charitable organization to be known as the Foundation for New Jersey Public Broadcasting.  The foundation shall be devoted to the sponsoring of activities and the raising of funds for the support and promotion of the [authority] corporation and its several purposes. The foundation shall be incorporated, 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.

(cf: P.L.1990, c.114, s.1)

 

     19.  Section 2 of P.L.1990, c.114 (C.48:23-14) is amended to read as follows:

     2.    The Foundation for New Jersey Public Broadcasting shall be governed by a board of directors.  The number of directors and their terms and manner of selection shall be determined upon the incorporation of the foundation pursuant to section 1 of P.L.1990, c.114 (C.48:23-13), provided that a majority of the directors shall be selected from among or by the members of the Board of the New Jersey Public [Broadcasting Commission] Media Corporation.  No employee of the New Jersey Public [Broadcasting Authority] Media Corporation or the foundation shall serve as a member of the board of directors.  No member of the board of directors shall engage in any business transaction or professional activity for profit
with the New Jersey Public [Broadcasting Authority] Media Corporation or the foundation.

(cf: P.L.1990, c.114, s.2)

 

     20.  Section 5 of P.L.1990, c.114 (C.48:23-17) is amended to read as follows:

     5.    All funds received by the Foundation for New Jersey Public Broadcasting, other than those necessary to pay for the expenses of the foundation, shall be used exclusively for the support and promotion of the New Jersey Public [Broadcasting Authority] Media Corporation [and its several purposes] as provided in P.L.    , c.    (C.       )(pending before the Legislature as this bill).

(P.L.1990, c.114, s.5)

 

     21.  Section 4 of P.L.1972, c.133 (C.52:14E-4) is amended to read as follows:

     4.    There is hereby created a Governor's Advisory Council for Emergency Services, which shall consist of the Attorney General, who shall be the presiding officer; the Adjutant General of Military and Veterans' Affairs, the Commissioner of Community Affairs, the Commissioner of Environmental Protection, the Commissioner of Transportation, the President of the Board of Public Utilities, and the [Executive Director] President of the New Jersey Public [Broadcasting Authority] Media Corporation, or their designees.  The members of the council shall serve without pay in connection with all such duties as are prescribed in [this act] P.L.1972, c.133 (C.52:14E-1 et seq.).

(cf: P.L.1989, c.133, s.5)

 

     22.  Section 24 of P.L.1998, c.44 (C.52:27C-24) is repealed.

 

     23.  This act shall take effect immediately but shall be inoperative until the 30th day after the date of enactment.

 

 

STATEMENT

 

     This bill reorganizes the New Jersey Public Broadcasting Authority as the New Jersey Public Media Corporation ("corporation").  The present New Jersey Public Broadcasting Commission is replaced by a board of the corporation, and the present executive director is replaced by a president of that board who shall not be a member of the board.

     Unlike the present commission, which consists of 15 members, the board is to consist of 11 members: 10 members appointed by the Governor, with the advice and consent of the Senate, and 1 ex officio member, the Secretary of State.  As a result of this change, all five of the present ex officio members will be removed:  the Commissioner of Education, the Chancellor of Higher Education, the Commissioner of Community Affairs, the Attorney General, and the State Treasurer.  The present 10 appointed members may continue in office as members of the board for terms to which they were originally appointed, provided that, of the members appointed after the effective date of the bill, at least one member shall represent the public, one member shall represent a business, one member shall represent a labor organization, one member shall represent a racial minority group, and one member shall be a corporation employee with a right to vote on all non-personnel matters; further, members shall have the experience and training necessary to establish an audit committee.

     The bill requires the board to establish from among its members an audit committee to oversee the finances of the corporation.

     The bill enables the corporation to contract directly, if it desires, for the construction, repair maintenance, and operations of public broadcasting and public broadcasting telecommunications facilities under guidelines and a procedure specified in the bill, and which give additional powers to the corporation, such as availing itself of the services of federal, State, and local governmental agencies when available.  It also enables the corporation to acquire directly goods, services, and equipment necessary for the production of programs and for the operations and maintenance of its facilities.  Such direct contracting and acquisition are, however, subject to public advertisement for bids, except in certain circumstances, as provided in the bill.

     Finally, miscellaneous provisions in the bill include: 1) requiring board members to receive ethics training annually; 2) limiting the corporation president's salary at an amount not higher than the maximum salary provided for State cabinet members; and 3) providing that the corporation shall hire employees based on its ability to carry out its mission based on its financial ability.

     The changes proposed in this bill would strengthen public broadcasting in New Jersey and enable the corporation to operate and compete more effectively and efficiently than the present authority.

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