New Jersey-2016-A4933-Introduced

An Act establishing the New Jersey Civic Information Consortium, supplementing Title 18A of the New Jersey Statutes, and transferring certain funds from the New Jersey Public Broadcasting Authority to the consortium over five-year period.

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

1. The Legislature finds and declares that:

a. When it comes to State news coverage and civic information, New Jersey is one of the most underserved states in the nation. New Jersey residents remain uninformed when they cannot get information about their communities.

b. The State's news operations have endured major cutbacks, resulting in less coverage of important State matters.

c. The New Jersey Public Broadcasting Authority, a State agency, is expected to receive nearly $332 million in proceeds from the authority's participation in the incentive auction of broadcast television spectrum conducted by the Federal Communications Commission pursuant to 47 U.S.C. s.1452.

d. These proceeds present an opportunity for funding to be used by a newly created New Jersey Civic Information Consortium (consortium), a consortium of four State public universities, to better inform the State's communities.

e. By leveraging the resources, knowledge, and expertise of the State's public universities through a partnership with Montclair State University, the New Jersey Institute of Technology, Rowan University, and Rutgers, The State University, the consortium could bolster public-interest journalism, civic information, and media innovation.

f. The consortium would provide grants that support news and information that benefit the State's civic life and meet the evolving information needs of New Jersey's underserved communities.

g. Investments from the consortium, supporting the State's academia, media, innovation, and community service sectors, could advance these goals while ensuring financial sustainability, accountability, and lasting public faith in both the consortium and the work it supports.

h. It is therefore necessary and in the public interest to establish the consortium and provide an initial funding source for the awarding of grants to organizations working to meet these goals.

2. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

"Board of directors" or "board" means the board of directors of the New Jersey Civic Information Consortium established pursuant of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

"Consortium" means the New Jersey Civic Information Consortium established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

"Incentive auction" means the incentive auction of broadcast television spectrum conducted by the Federal Communications Commission pursuant to 47 U.S.C. s.1452.

"In-kind contribution" means a contribution of goods or services, other than a cash grant.

"Local community organization" means a locally-based organization serving a community of people having shared interests that is incorporated, organized, and operated in such a manner as to qualify as a nonprofit corporation described in section 501(c)(3) of the federal Internal Revenue Code, 26 U.S.C. s.501(c)(3).

"Member university" means Montclair State University, the New Jersey Institute of Technology, Rowan University, and Rutgers, The State University.

3. a. There is established the New Jersey Civic Information Consortium which shall consist of the following member universities: Montclair State University; the New Jersey Institute of Technology; Rowan University; and Rutgers, The State University. The purpose of the consortium shall be to advance research and innovation in the field of media and technology to benefit the State's civic life and evolving information needs.

b. The consortium shall be established as a nonprofit corporation that is an educational and charitable corporation validly existing and in good standing under the "New Jersey Nonprofit Corporation Act," P.L.1983, c.127 (N.J.S.15A:1-1 et seq.), is incorporated, organized, and operated in such a manner as to qualify as a nonprofit corporation described in section 501(c)(3) of the federal Internal Revenue Code, 26 U.S.C. s.501(c)(3), and structured as a supporting organization to its member universities in a manner that the Internal Revenue Service would deem the consortium as a public charity, and shall be subject to all applicable State laws governing nonprofit corporations. The consortium shall be accountable and subject to the same federal Internal Revenue Code disclosure requirements of any nonprofit organization pursuant to 26 U.S.C. s.6033, such as making public its Internal Revenue Service Form 990 and filing a copy of that form and a copy of its annual financial report and audited financial reports with the Attorney General.

4. a. The consortium shall have a board of directors that shall set strategic priorities and metrics to guide the consortium's grant‐making and other initiatives, as well as to approve grants pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The board of directors shall consist of 13 members as follows:

(1) two members appointed by the Governor;

(2) one member appointed by the President of the Senate;

(3) one member appointed by the Speaker of the General Assembly;

(4) four members appointed by the president of each member university, each of whom shall have background or experience in the field of journalism, media, or technology; and

(5) five members, appointed by a majority vote of the eight board members appointed pursuant to paragraphs (1) through (4) of this subsection, of which, (a) one member shall represent the media sector, (b) one member shall represent the technology sector, (c) one member shall represent the nonprofit sector, and (d) two members, not employed by the State or a member university at the time of their appointment, shall have demonstrated a record of commitment to public service and understand the importance of media and technology to the State's future.

c. Each board member shall serve a term of four years, except that the member representing the New Jersey media sector shall serve an initial term of one year, the member representing the New Jersey technology sector shall serve an initial term of two years, and the member representing the New Jersey nonprofit sector shall serve an initial term of three years. No board member shall serve more than two four-year terms. In the appointment of members to the board, every effort shall be made to strive for diversity and balance of representation according to gender, race, ethnicity, and geography within any limits allowed under law. Any vacancies in the appointed membership of the board occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only. Board members shall serve without compensation but may be reimbursed for necessary expenses incurred in the performance of their duties within the limits of funds available to the board.

5. a. The board shall appoint and employ an executive director, and fix the executive director's compensation and conditions of employment. The executive director shall be the chief executive, administrative, and operational officer of the consortium and shall direct and supervise the administrative affairs and the general management of the consortium. The executive director shall oversee the consortium's day-to-day operations, which includes working with the board to meet the consortium's goals and grant-making requirements, hiring and managing program officers and administrative staff pursuant to subsection b. of this section, acting as spokesperson for the consortium's work, and raising funds from external sources. The executive director shall attend all meetings of the board.

b. (1) The executive director shall employ program officers who shall be experienced practitioners with a strong understanding of the media or civic technology fields. The executive director shall strive to appoint program officers that represent the State's racial, ethnic, gender, and geographic diversity within any limits allowed under law. The program officers shall manage the grant-making process, in accordance with the consortium's goals. The grant-making process shall include soliciting, recommending, and processing grant proposals, working with grantees to ensure work on grant project ideas, and directing public engagement and evaluation efforts.

(2) The executive director shall employ no more than three administrative staff to provide operational support for the consortium, including office management, support for the executive director and program officers, coordination among member universities, payment to grantees, human resources, and logistics.

c. To save on startup, operating, and ongoing administrative costs, one member university shall be responsible for housing the consortium and providing back-office support.

6. The consortium shall be a collaborative effort among the member universities. Each member university shall focus its initiatives on one area of expertise and the board of directors shall decide on each member university's focus of expertise in order to allow for greater collaboration among member universities, decrease competition for grants, and reduce redundancy of efforts. Member universities may collaborate on projects together, as well as seek out other academic institutions to partner with on seeking grants.

7. a. To be eligible for a grant from the consortium, a grant proposal application shall include, but not be limited to:

(1) evidence of a collaboration between at least one member of the faculty or graduate student of a member university and at least one local community organization, media organization, or technology-based organization;

(2) information demonstrating that the collaboration would be a mutually respectful partnership wherein all community and member university participants invest in a project designed to serve the consortium's mission and the goals cited pursuant to subsection b. of this section; and

(3) proof that the member university or universities in total will provide an amount of funding or make an in-kind contribution having a value that matches 10 percent of the amount of grant funding for which the applicant has applied, if an application is sponsored by one or more member universities. For a grant proposal application sponsored by a member university housing the consortium and providing back-office support pursuant to subsection c. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), the cost of that housing and support to that member university shall count towards the funding or in-kind contribution match from that member university.

b. The consortium shall provide grants for projects that achieve the following goals:

(1) improve the quantity and quality of civic information in New Jersey communities;

(2) give residents enhanced access to useful government data and public information through innovative applications, platforms, and technologies;

(3) train students, professionals, and community members in the practice of community storytelling, journalism, and media production;

(4) nurture better civic engagement and dialogue inside and between New Jersey communities;

(5) better meet the information needs of low-income communities and racial and ethnic communities that have been underserved by the media; and

(6) invest in research and practices that can help media outlets become more closely connected to their audiences and more sustainable without government support.

8. A grant issued by the consortium shall be in the form of a grant agreement. A grant agreement shall include a provision establishing a set of metrics for assessing the goals contained in the agreement to ensure evaluation of a grantee project on how well those metrics are being met and any other relevant accountability measures. The set of metrics shall be established by the board in conjunction with the executive director and program officers. The agreement shall include the expectations stated between the consortium and the grantee, which shall include, but not be limited to, a statement that:

a. the grantee shall be independent from the influence of the State, a member university, and any other grantor or contributor of funds or outside source; and

b. any grantor or other contributor of funds to the grantee shall acknowledge in writing their understanding that the grant or donation does not entitle the grantor or contributor to dictate or influence the content of any work the grantee produces or may produce.

9. a. The consortium shall annually report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, on the activities of the consortium and make the report available on the consortium's Internet website. The report shall include, but not be limited to:

(1) a list of all grant applicants and approved grant applicants;

(2) the grant amounts of approved grant applicants;

(3) the amount of matching funds and types of in-kind contributions provided to approved grant applicants; and

(4) a status report on the activities funded by an approved grant applicant.

The consortium shall make available on its Internet website its grant-making criteria and other relevant documents.

b. The board, in conjunction with the executive director and program officers, shall hold one public hearing annually in the northern, central, and southern regions of the State. The public hearings shall provide a forum for the board to report on how the public funds that the consortium receives is spent and to gather public input on what the consortium's mission should be and whether the consortium is meeting its mission. Public input shall be used to assess whether the consortium's grant-making metrics and process for issuing grants needs to be changed.

10. Notwithstanding the provisions of any law, rule, regulation, or order to the contrary, the New Jersey Public Broadcasting Authority, created pursuant to P.L.1968, c.405 (C.48:23-1 et seq.), shall transfer an amount of $20,000,000 annually over a period of five years to the New Jersey Civic Information Consortium established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), from the proceeds derived from the authority's participation in the incentive auction, as shall be certified by the State Treasurer, to carry out the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).

11. This act shall take effect immediately, but shall remain inoperative until the State Treasurer certifies that the New Jersey Broadcasting Authority has received the proceeds from the incentive auction as described in section 10 of this act.

STATEMENT

This bill establishes the New Jersey Civic Information Consortium (consortium), which is to consist of the following member universities: Montclair State University; the New Jersey Institute of Technology; Rowan University; and Rutgers, The State University. The purpose of the consortium is to advance research and innovation in the field of media and technology to benefit the State's civic life and evolving information needs. The consortium is to be established as a nonprofit corporation that is an educational and charitable corporation incorporated, organized, and operated under section 501(c)(3) of the federal Internal Revenue Code, and structured as a supporting organization to its member universities in a manner that the Internal Revenue Service would deem the consortium as a public charity.

The consortium is to have a board of directors (board) that is to set strategic priorities and metrics to guide the consortium's grant‐making and other initiatives, as well as to approve grants. The board is to consist of 13 members as follows: two members appointed by the Governor; one member appointed by the President of the Senate; one member appointed by the Speaker of the General Assembly; four members appointed by the president of each member university, each are to have background or experience in the field of journalism, media, or technology; and five members, appointed by a majority vote of the other eight appointed board members, of which one member is to represent the media sector, one member to represent the technology sector, one member to represent the nonprofit sector, and two members, not employed by the State or a member university at the time of their appointment, having demonstrated a record of commitment to public service and understanding the importance of media and technology to the State's future.

The board is to appoint and employ an executive director who is to be the chief executive, administrative, and operational officer of the consortium and oversee the consortium's day-to-day operations, which includes working with the board to meet the consortium's goals and grant-making requirements, hiring and managing a limited number of program officers and administrative staff. The executive director is to employ who are to manage the grant-making process, which is to include soliciting, recommending, and processing grant proposals, working with grantees to ensure work on grant project ideas, and directing public engagement and evaluation efforts. To save on startup, operating, and ongoing administrative costs, one member university is to be responsible for housing the consortium and providing back-office support.

The bill requires the consortium to be a collaborative effort among the member universities. Each member university is to focus its initiatives on one area of expertise and the board is to decide on each member university's focus of expertise in order to allow for greater collaboration among member universities, decrease competition for grants, and reduce redundancy of efforts. Member universities may collaborate on projects together, as well as seek out other academic institutions to partner with on seeking grants.

A grant application is to contain certain criteria as stated in the bill. The consortium is to provide grants only for projects that achieve those goals expressed in the bill. A grant issued by the consortium is to be in the form of a grant agreement that is to include a provision establishing a set of metrics for assessing the goals contained in the agreement to ensure evaluation of a grantee project on how well those metrics are being met and any other relevant accountability measures.

The bill requires the consortium to report annually to the Governor and the Legislature on the activities of the consortium and make the report available on the consortium's Internet website. The report is to include, but not be limited to: 1) a list of all grant applicants and approved grant applicants; 2) the grant amounts of approved grant applicants; 3) the amount of matching funds and types of in-kind contributions provided to approved grant applicants; and 4) a status report on the activities funded by an approved grant applicant. The consortium is to make available on its Internet website its grant-making criteria and other relevant documents.

The bill requires the board, in conjunction with the executive director and program officers, to hold one public hearing annually in the northern, central, and southern regions of the State. The public hearings are to provide a forum for the board to report on how the public funds that the consortium receives is spent and to gather public input on what the consortium's mission should be and whether the consortium is meeting its mission. Public input is to be used to assess whether the consortium's grant-making metrics and process for issuing grants needs to be changed.

The bill requires the New Jersey Public Broadcasting Authority (authority) to transfer $20,000,000 annually, over a period of five years to the consortium, from the proceeds derived from the authority's participation in the incentive auction of broadcast television spectrum conducted by the Federal Communications Commission, in order to provide start-up cost funding for consortium operations, grant-making, and otherwise carry out the purposes of the bill. The consortium is not to spend more than $20,000,000 per year of the $100,000,000 amount received from the authority.