Bill Text: NJ A4786 | 2020-2021 | Regular Session | Introduced
Bill Title: Makes various changes to membership and financial practices of New Jersey Historic Trust.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-10-08 - Introduced, Referred to Assembly Tourism, Gaming and the Arts Committee [A4786 Detail]
Download: New_Jersey-2020-A4786-Introduced.html
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Makes various changes to membership and financial practices of New Jersey Historic Trust.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the membership and financial practices of the New Jersey Historic Trust, and amending P.L.1983, c.562, P.L.1967, c.124, and P.L.1995, c.217.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1983, c.562 (C.13:1B-15.112a) is amended to read as follows:
3. a. The powers and duties of the New Jersey Historic Trust shall vest in and be exercised by a board of 15 trustees, of whom three shall be the Administrator of the New Jersey Historic Preservation Office in the Department of Environmental Protection or such other representative of that department as may be designated by the Commissioner of Environmental Protection, the State Treasurer or the treasurer's designee , and the [Executive Director of the New Jersey Historical Commission in the Department of State or such other representative of that department as may be designated by the Secretary of State, or their respective designees,] Commissioner of Community Affairs or the commissioner's designee, who shall serve ex officio, and 12 shall be citizens of the State, representing the several geographic regions of the State, to be appointed by the Governor with the advice and consent of the Senate. Citizen trustees shall possess a minimum of five years' experience in historic preservation, fundraising, redevelopment and financing, architecture, planning, archaeology, cultural nonprofit management, or any combination thereof, except this requirement shall not apply to any citizen trustee serving on the board on the date of enactment of [P.L.1995, c.217 (C.13:1B-15.115f et al.)] P.L. , c. (C. ) (pending before the Legislature as this bill) for the remainder of the unexpired term of that trustee.
b. Citizen trustees shall serve for three-year terms provided, however, that the terms of the four new trustees appointed pursuant to P.L.1995, c.217 (C.13:1B-15.115f et al.) shall begin in the same calendar year as the effective date of that act, and that two of those trustees first appointed shall be appointed for a two-year term and two shall be appointed for a one-year term. Each citizen trustee shall hold office for the term of the appointment and until a successor shall have been appointed and qualified. No citizen trustee may serve more than three consecutive terms, except this restriction shall not apply to terms either completed or commenced prior to the effective date of P.L.1995, c.217 (C.13:1B-15.115f et al.).
c. The trustees shall elect a chairman, vice-chairman, treasurer, and assistant secretary.
d. Eight trustees shall constitute a quorum, and the concurrence of a majority of the quorum shall be necessary to validate all acts of the board.
(cf: P.L.1999, c.152, s.45)
2. Section 8 of P.L.1967, c.124 (C.13:1B-15.115) is amended to read as follows:
8. The trust shall have power in particular to:
a. solicit and accept gifts, legacies, bequests and endowments for any purpose which falls within that of the trust, and to maintain interest-bearing trust accounts for those purposes; and, unless otherwise specified by the person making such gift, legacy, bequest or endowment, the trustees may expend both principal and income of any such gift, bequest, legacy, or endowment in furtherance of the trust or invest it in whole or in part in securities which are legal for trust funds in the State of New Jersey;
b. acquire and hold real and personal property of historic, aesthetic or cultural significance, by gift, purchase, devise, bequest, or by any other means, and to preserve and administer such properties; and in the acquisition of such properties, to acquire property adjacent thereto deemed necessary for the proper use and administration of historic, aesthetic or cultural property;
c. apply all moneys, assets, property or other things of value it may receive as an incident to its operation to the general purpose of the trust;
d. cooperate with and assist, insofar as practicable, any agency of the State or any of its political subdivisions, and any private agency or person in furtherance of the purpose of the trust;
e. give any moneys or property held by the trust to the Secretary of State or the Commissioner of Environmental Protection on behalf of the State for the purpose of administering, operating or maintaining the historic sites programs of the State of New Jersey;
f. report annually to the Governor and the Legislature of the State of New Jersey its activities during the preceding year together with any recommendations or requests it deems appropriate to further the purpose of the trust. The annual report shall include a summary of the trust's use of the fee-collection authority provided by subsection h. of this section. The summary shall include the following information:
(1) For conferences , seminars, exhibitions, symposia, or similar meetings :
(a) a list of all conferences , seminars, exhibitions, symposia, or similar meetings conducted during the preceding year for which fees were collected pursuant to subsection h. of this section;
(b) the dollar amount of actual costs incurred by the trust in connection with each conference , seminar, exhibition, symposium, or similar meeting listed in the summary; and
(c) the dollar amount of fees collected pursuant to subsection h. of this section for each conference , seminar, exhibition, symposium, or similar meeting listed in the summary [;] .
(d) [the dollar amount of funds deposited as excess into the General Fund for each conference listed in the summary.] (Deleted by amendment, P.L. , c. .) (pending before the Legislature as this bill)
(2) For printed or digital works:
(a) identification by author with title of each printed or digital work for which fees were collected pursuant to subsection h. of this section;
(b) the actual cost of reprinting the printed or digital work; and
(c) the dollar amount of fees collected pursuant to subsection h. of this section for [reprinting] the distribution of the printed or digital work [;] .
(d) [the dollar amount of funds deposited as excess into the General Fund, for each printed work identified in the summary.] (Deleted by amendment, P.L. , c. .) (pending before the Legislature as this bill)
g. to apply for recognition as an organization that is exempt from federal taxation, pursuant to section 501(c)(3) of the Internal Revenue Code (26 U.S.C.s.501(c)(3)), and to accept tax-deductible gifts, legacies, bequests, and endowments as provided pursuant to subsection a. of this section, and as allowed by the Internal Revenue Code. This authorization shall be deemed retroactive to June 21, 1967;
h. to collect fees for:
(1) admittance to any conference, seminar, exhibition, symposium, or similar meeting sponsored by the trust for the purpose of promoting the preservation, improvement, restoration, rehabilitation, or acquisition of historic properties in the State;
(2) distribution to any individual or entity of a book, treatise, research study, monograph, or other printed work, [CDRom,] or a CD-ROM, DVD , or other digital work that has been authored or commissioned by the trust for the purpose of promoting the preservation, improvement, restoration, rehabilitation, or acquisition of historic properties in the State.
i. to provide for the collection of fees under this section or by contract;
j. fees collected pursuant to paragraph (1) of subsection h. of this section shall be credited to [the] a non-lapsing account from which the costs of [the conference] conferences, seminars, exhibitions, symposia, or similar meetings are paid and shall be available to pay the costs incurred by the trust in connection with its sponsorship of [the conference,] conferences, seminars, exhibitions, symposia, or similar meetings, or to reimburse the trust for those costs. [In the event that the total amount of fees collected exceeds the actual costs incurred by the trust in connection with its sponsorship of a conference, the amount of such excess shall be deposited in the General Fund as a miscellaneous receipt;]
k. fees collected pursuant to paragraph (2) of subsection h. of this section shall be credited to [the] a non-lapsing account from which the costs of [reprinting] distributing the printed or digital work are paid, and shall be available to pay the costs incurred by the trust to [reprint] distribute the printed or digital work, or to reimburse the trust for those costs. [In the event the total amount of fees collected exceeds the actual costs incurred by the trust to reprint the printed work, the amount of such excess shall be deposited in the General Fund as a miscellaneous receipt.]
(cf: P.L.2009, c.288, s.1)
3. Section 6 of P.L.1995, c.217 (C.13:1B-15.115f) is amended to read as follows:
6. a. The New Jersey Historic Trust may charge and collect an application fee [not to exceed $100] , in an amount to be determined by the trust, to be paid in connection with any application for a loan pursuant to P.L.1991, c.41 (C.13:1B-115a et seq.). All application fees collected pursuant to this subsection shall be deposited into the Historic Preservation Revolving Loan Fund created pursuant to section 1 of P.L.1991, c.41 (C.13:1B-15.115a).
b. In connection with any application for a loan pursuant to P.L.1991, c.41 (C.13:1B-115a et seq.), the New Jersey Historic Trust may require the applicant to pay for the cost of any appraisal, credit investigation or report, survey, or other professional service performed by a third party that is deemed necessary by the trust to properly evaluate the application , and any closing costs associated with the loan .
(cf: P.L.1995, c.217, s.6)
4. This act shall take effect immediately.
STATEMENT
This bill would make various changes to the membership and financial practices of the New Jersey Historic Trust (trust).
Specifically, the bill would remove the Executive Director of the New Jersey Historical Commission from the trust, and add the Commissioner of Community Affairs or a designee. The bill would also expand the types of experience required for a citizen to serve as a trustee. Citizens with five years' experience in fundraising, redevelopment and financing, architecture, planning, archaeology, cultural nonprofit management, or any combination thereof would be eligible to serve as a trustee, under the bill.
The bill would clarify that the trust is required to report on its fee collection from conferences, seminars, exhibitions, symposia, or similar meetings. The bill would permit the trust to collect fees from distributing any digital content that has been authored or commissioned by the trust for the purpose of promoting the preservation, improvement, restoration, rehabilitation, or acquisition of historic properties in the State. The bill would also require the trust to report on its collection of those fees.
Under current law, the trust is required to deposit annual excesses from the accounts it uses to fund events and the distribution of promotional materials in the General Fund. This bill would remove this requirement and allow the trust to keep excess funds to be used for the same purposes in subsequent fiscal years.
Finally, the bill would remove a $100 limit on the fee that the trust is permitted to charge for loan applications from the "Historic Preservation Revolving Loan Fund." The bill would allow the trust to determine the amount of the fee. The bill would also allow the trust to require loan applicants to pay for closing costs associated with the loan.
