New Jersey-2024-S2685-Introduced

An Act concerning the New Jersey Black Cultural and Heritage Initiative Foundation, amending P.L.2005, c.47, and making an appropriation.

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

1. Section 1 of P.L.2005, c.47 (C.52:16A-90) is amended to read as follows:

1. The Secretary of State is authorized to establish a nonprofit, educational and charitable organization to be known as the New Jersey Black [Cultural and] Heritage [Initiative] Foundation. The foundation shall be devoted to the sponsoring of activities and the raising of funds for the establishment, support and promotion of the New Jersey Black [Cultural and] Heritage Initiative pursuant to section 5 of P.L.2005, c.47 (C.52:16A-94). The foundation shall be incorporated as a New Jersey nonprofit corporation pursuant to P.L.1983, c.127 (C.15A:1-1 et seq.), and 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, and shall be authorized to sue and to be sued as a legal entity separate from the State of New Jersey.

(cf: P.L.2005, c.47, s.1)

2. Section 2 of P.L.2005, c.47 (C.52:16A-91) is amended to read as follows:

2. The New Jersey Black [Cultural and] Heritage [Initiative] Foundation shall be governed by a board of trustees consisting of the following [25] 12 members:

a. (1) the Governor or designee; and

(2) the Secretary of State or designee;

b. five State employees or special State officers, who shall be selected from, and appointed by the Secretary of State to represent any [or all,] of the following State partner organizations:

(1) New Jersey State Council on the Arts;

(2) New Jersey Historical Commission;

(3) New Jersey Council of the Humanities;

(4) New Jersey Public Broadcasting Commission;

(5) Martin Luther King Commemorative Commission;

(6) Amistad Commission;

(7) Department of Education;

(8) Division of Travel and Tourism, Department of State;

(9) Department of Community Affairs;

(10) Department of Transportation;

(11) Department of State, Office of Faith-based Initiatives; and

(12) any other State agency or instrumentality partnering, assisting or supporting the purposes of the foundation.

[The State partner members of the board of trustees appointed pursuant to this subsection shall serve at the pleasure of the Secretary of State] A member of the board of trustees who is appointed pursuant to this subsection to represent a State partner organization, described in paragraphs (1) through (6) of this subsection, shall serve a term of five years.

c. [Nineteen] Five public members shall be selected from a broad cross-section of the views and interests of the community and the member organizations of the foundation, including educators, clergy, civic and business leaders; philanthropists; visual, creative and performing artists; representatives of Black arts, history and cultural organizations; and persons having knowledge of, expertise in, or commitment to preserving New Jersey's Black cultural heritage.

[Five of the public members shall be appointed by the Secretary of State upon formation and incorporation of the foundation. Thereafter, at] At least four [more] public members shall be elected by the nonprofit cultural organizations which become members of the foundation, and the remaining public [members] member shall be nominated by a nominating committee of the board of trustees and appointed by the board of trustees.

The term of office of each public member shall be [three] five years, with each member continuing to serve upon expiration of the term until replaced. [Three of the initial public members appointed by the Secretary of State and two of the public members initially elected by member organizations shall serve initial terms of two years.]

Vacancies shall be filled and replacements made as provided in the bylaws of the foundation.

(cf: P.L.2007, c.253, s.11)

3. Section 3 of P.L.2005, c.47 (C.52:16A-92) is amended to read as follows:

3. The foundation's board of trustees shall [be authorized], within the limits of its own funds, [to] employ an executive director appointed by the board of trustees and professional, technical and administrative personnel. Employees of the foundation shall not be construed to be employees of the State of New Jersey. The board shall also be authorized to contract for such professional and administrative services as it shall deem necessary. No member of the board of trustees shall engage in any business transaction or professional activity for profit with the Department of State.

(cf: P.L.2005, c.47, s.3)

4. Section 5 of P.L.2005, c.47 (C.52:16A-94) is amended to read as follows:

5. All funds received by the foundation, other than those necessary to pay the expenses of the foundation, shall be used exclusively for the establishment, support and promotion of the New Jersey Black [Cultural and] Heritage Initiative. The New Jersey Black [Cultural and] Heritage Initiative shall be an alliance of organizations and institutions that comprise the Black arts, history and culture communities in this State for the purpose of broadening, deepening and diversifying Statewide participation in and appreciation for Black arts, history and culture. The duties and goals of the initiative shall be to:

a. promote understanding and appreciation of the history and artistic and cultural contributions of people of African descent;

b. provide guidance, support and resources for new and emerging Black arts and historical groups and increase the level of organizational capacity and program administration of established groups;

c. increase funding and audiences for local Black culture and heritage tourism and enrich Black culture and heritage tourism programming;

d. increase and attract corporate sponsorship and participation in Black culture and heritage programming and tourism;

e. increase opportunities for young people to learn about and experience Black arts, history and culture in schools and youth organizations;

f. invest in future generations of Black artists and historians by providing leadership development activities, apprenticeships, mentorships, scholarships and cultural programs;

g. enhance computer and Internet access and usage within the Black community;

h. ensure the financial viability of the initiative through a network of community partners, advocates and supporters, including, but not limited to, celebrities, philanthropists, legislators, State and local leaders and corporations;

i. provide recommendations to the New Jersey Historical Commission in the Department of State on Black heritage sites for inclusion in the New Jersey Black Heritage Trail established pursuant to section 1 of P.L.2022, c.102 (C.18A:73-25.9). Funds received by the foundation may be used to purchase, erect, and maintain historical markers as approved by the commission, indicating thereon the persons, places, or events commemorated and having such other suitable inscription as the commission may deem necessary; and

j. any other duties and goals deemed appropriate.

(cf: P.L.2022, c.102, s.1)

5. Section 6 of P.L.2005, c.47 (C.52:16A-95) is amended to read as follows:

6. a. The Department of State is authorized to provide financial assistance and those services of employees of the State which may be required to form and incorporate the foundation within the limits of funds appropriated to the Department of State or made available to the Department of State by contribution, gift, donation or otherwise for these purposes. Once the foundation is incorporated, it may apply for grants in aid from any department or instrumentality of the State of New Jersey.

b. The executive director of the foundation shall prepare and submit an annual funding request outlining the proposed budget of the foundation for the upcoming fiscal year to the Governor and the Office of Management and Budget in the Department of the Treasury. The Legislature shall annually appropriate to the New Jersey Black Heritage Foundation such sums as are necessary for the operation of the foundation, which shall not be less than $500,000, for the State Fiscal Year 2023 and each subsequent fiscal year.

(cf: P.L.2005, c.47, s.6)

6. Section 7 of P.L.2005, c.47 (C.52:16A-96) is amended to read as follows:

7. All expenses incurred by the foundation shall be payable from funds raised by, or appropriated to, the foundation, [and] but no liability or obligation, in tort or contract, shall be incurred by the State for the operation of the foundation. The foundation shall obtain private counsel, and shall not be represented by the Attorney General or indemnified by the State of New Jersey.

(cf: P.L.2005, c.47, s.7)

7. This act shall take effect immediately.

STATEMENT

This bill changes the names of the New Jersey Black Cultural and Heritage Initiative and the New Jersey Black Cultural and Heritage Initiative Foundation to the New Jersey Black Heritage Initiative and New Jersey Black Heritage Foundation, respectively.

The bill reduces the total number of members on the board of trustees of the New Jersey Black Heritage Foundation from 25 to 12 by decreasing the number of public members from 19 to five. The bill also adds the Governor or the Governor's designee as a members of the board of trustees. The bill increases the term of office for public members of the board of trustees from three years to five years; members of the board of trustees who represent State partner organizations would serve five-year terms.

The bill necessitates that the board of trustees employ an executive director of the foundation within the limits of the foundation's available funds. The bill requires the executive director to submit an annual funding request outlining the foundation's proposed budget for the upcoming fiscal year to the Governor and the Office of Management and Budget in the Department of the Treasury. The bill establishes an annual appropriation of $500,000 to the foundation for its operations. All expenses shall be paid from funds raised by, or appropriated to, the foundation.