New Jersey-2012-S783-Introduced

An Act establishing the Commission on State-owned Historic Sites, supplementing Title 13 of the Revised States, and amending various parts of the statutory law.

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

1. (New section) There is established the Commission on State-owned Historic Sites in the Department of State.

2. (New section) a. The Commission on State-owned Historic Sites shall consist of 11 members to be appointed and qualified as follows:

(1) the Secretary of State or the secretary's designee, who shall serve ex officio;

(2) the Chair of the Historic Sites Council, established pursuant to section 1 of P.L.1967, c.124 (C.13:1B-15.108), or the chair's designee;

(3) the Commissioner of Environmental Protection, or the commissioner's designee; and

(4) eight residents of the State, appointed by the Governor, with the advice and consent of the Senate, with experience and expertise in historic preservation, historic interpretation, historic sites management, museum studies, artifact conservation, or public history.

b. The members appointed by the Governor shall serve for a term of five years from the date of appointment, except that of those first appointed, one member shall be appointed for a term of one year, one member shall be appointed for a term of two years, two members shall be appointed for a term of three years, two members shall be appointed for a term of four years, and two members shall be appointed for a term of five years.

Each such member shall serve for the term of the appointment and until a successor shall have been appointed and qualified. Any vacancy or reappointment shall be filled in the same manner as the original appointment.

c. Members of the commission shall serve without compensation but may be reimbursed for necessary expenses incurred in the performance of their duties.

d. The members of the commission shall elect annually a chairperson and vice-chairperson from their number, and a secretary who need not be a member of the commission. The chairperson of the commission shall be its presiding officer and the vice-chairperson shall serve as chairperson in the absence of the chairperson.

e. The commission shall organize and adopt procedures for the conduct of its business. A majority of the total authorized membership of the commission shall constitute a quorum at any meeting thereof. Action may be taken and motions and resolutions adopted by the commission at any meeting thereof by the affirmative vote of a majority of the total authorized membership. No vacancy in the membership of the commission shall impair the right of a quorum to exercise all the rights and perform all the duties of the commission.

f. Any member of the commission may be removed by the Governor, for cause, after a public hearing.

3. (New section) a. The Commission on State-owned Historic Sites shall be responsible for the administration and operation of all historic sites owned by the State.

The commission shall also:

(1) administer the historic sites program as provided pursuant to P.L.1966, c.54 (C.13:1B-15.100 et seq.) and in accordance with R.S.28:1-4 through R.S.28:1-11, R.S.28:1-13, R.S.28:1-17, R.S.28:2-7 through R.S.28:2-14, R.S.28:2-17 and R.S.28:2-18, and P.L.1948, c.448 (C.13:1B-2 et al.);

(2) oversee the New Jersey Office of Historic Sites and the New Jersey Historic Preservation Office;

(3) consult with and advise the Commissioner of Environmental Protection and the Director of the Division of Parks and Forestry with respect to the work of the Division of Parks and Forestry; and

(4) in consultation with the Historic Sites Council, established pursuant to section 1 of P.L.1967, c.124 (C.13:1B-15.108):

(a) recommend programs and policies for the acquisition, development, use, improvement and extension of historic sites, including archeological sites;

(b) develop a broad historic sites preservation program on a Statewide and local basis to provide for the identification, authentication, protection, preservation, conservation, restoration, and management of all historic sites within the State; and

(c) provide, as appropriate, advice on encroachments by the undertakings of State, county or municipal governments or any agency or instrumentality thereof on properties listed in the New Jersey Register.

Insofar as possible, the commission shall make use of the employees of the Department of State in carrying out the provisions of this act.

b. On or before December 31 of each year the commission shall make an annual report of its activities for the preceding calendar year to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature.

4. (New section) Upon the designation or appointment of a majority of the commission members pursuant to section 2 of this act, any State funds appropriated to the Department of Environmental Protection or the Division of Parks and Forestry in the department specifically for, or related to the administration of, historic sites owned or maintained by the State shall be reallocated to the commission for the purposes of this act.

5. (New section) a. The New Jersey Historic Preservation Office and the Office of Historic Sites as constituted in the Department of Environmental Protection, with its functions, powers, and duties, is continued and transferred to the Commission on State-owned Historic Sites in the Department of State.

b. The employees of New Jersey Historic Preservation Office, the functions, powers and duties of which have been herein assigned or transferred to the Commission on State-owned Historic Sites in the Department of State, as the Secretary of State may determine are needed for the proper performance of the functions and duties imposed upon the commission, are hereby transferred to the commission, pursuant to the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).

6. Section 2 of P.L.1966, c.54 (C.13:1B-15.101) is amended to read as follows:

2. The division shall, under the direction and supervision of the commissioner:

a. Develop, improve, protect, manage and administer all State forests, State parks, State recreation areas, State historic sites, and State natural areas, excepting those regulated by interstate compact.

b. Protect all forests, brush lands and marshes from damage by fire, insects and disease, and promote the use of good forest management principles on all forest lands.

c. Administer the program for licensing of certified tree experts in accordance with the "Tree Expert Act" (P.L.1940, c.100).

d. Administer the program of the Bureau of Recreation in accordance with P.L.1950, chapter 338, effective July 24, 1950.

e. Administer the program of the natural areas section in accordance with P.L.1961, chapter 51.

f. Manage the properties of the Morris Canal and Banking Company in accordance with Revised Statutes 13:12-1 to 13:12-29.

g. [Administer the historic sites program as in this act provided and in accordance with Revised Statutes 28:1-4 to 28:1-11, 28:1-13, 28:1-17, 28:2-7 to 28:2-14, 28:2-17 and 28:2-18, P.L.1945, chapter 22 and P.L.1948, chapter 448.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

h. Provide liaison between the Federal and the lesser governmental levels in matters pertaining to forestry, conservation, recreation, historic sites and other appropriate fields.

i. Perform such other functions of the department as the commissioner may prescribe.

(cf: P.L.1966, c.54, s.2)

7. Section 6 of P.L.1966, c.54 (C.13:1B-15.105) is amended to read as follows:

6. In addition to other functions, powers and duties vested in it by this or any other law, the Commission on State-owned Historic Sites established pursuant to P.L. c. (C. ) (pending before the Legislature as this bill), in consultation with the Division of Parks [,] and Forestry [and Recreation] , shall administer the State's program concerned with the interpretation of New Jersey's heritage through its historic sites and structures and perform the following functions and such other duties as the [commissioner] secretary may direct:

a. Formulate comprehensive policies for the preservation, restoration and public presentation of all historic sites within the State.

b. Make the necessary research, prepare exhibits and furnish the services required for a proper and adequate interpretive program.

c. Prepare and disseminate informational materials to inform the public with respect to New Jersey's historic sites.

d. Consult and co-operate with groups and organizations in order to advance the purposes of the historic sites program.

(cf: P.L.1966, c.54, s.6)

8. Section 1 of P.L.1967, c.124 (C.13:1B-15.108) is amended to read as follows:

1. Within the [Division of Parks, Forestry and Recreation of the Department of Conservation and Economic Development] Department of State there shall be an Historic Sites Council consisting of 11 members. Each member of the council shall be appointed by the Governor with the advice and consent of the Senate, from among citizens of New Jersey or persons otherwise associated with the State who are known for their competence and experience in connection with historic sites preservation and related areas, to serve for a term of [4] four years from the date of his appointment, except that of those first appointed, one shall be appointed for a term of [1] one year, [2] two for [2] two years, [4] four for [3] three years, and [4] four for [4] four years. Members of the council shall serve without compensation but may be reimbursed for necessary expenses incurred in the performance of their duties. The members of the council shall elect annually a chairman and vice-chairman from their number. The council shall organize and adopt procedures for the conduct of its business. The [director] Secretary of State or an employee of the [division] department designated by [him] the secretary shall serve as secretary of the council. The chairman of the council shall be its presiding officer. Any vacancies in the membership of [said] the council occurring other than by expiration of term shall be filled by the Governor, with the advice and consent of the Senate, for the unexpired term only. Any member of the council may be removed from office by the Governor, for cause, upon notice and opportunity to be heard.

(cf: P.L.1967, c.124, s.1)

9. Section 2 of P.L.1967, c.124 (C.13:1B-15.109) is amended to read as follows:

2. Insofar as possible, the council shall make use of the employees of the [division] Department of State in carrying out the provisions of [this act] P.L.1967, c.124 (C.13:1B-15.108 et seq.) .

(cf: P.L.1967, c.124, s.2)

10. Section 3 of P.L.1967, c.124 (C.13:1B-15.110) is amended to read as follows:

3. The Historic Sites Council shall consult with and advise the [commissioner and the director] Secretary of State, the Commissioner of Environmental Protection, and the Director of the Division of Parks and Forestry with respect to the work of the [division] Department of State.

The council, in addition to other powers and duties vested in it, shall, in consultation with the Commission on State-owned Historic Sites, recommend programs and policies for:

a. The acquisition, development, use, improvement and extension of historic sites, including archeological sites.

b. The development of a broad historic sites preservation program on a State-wide and local basis.

c. The identification, authentication, protection, preservation, conservation, restoration, and management of all historic sites within the State.

(cf: P.L.1967, c.124, s.3)

11. 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] State or such other representative of that department as may be designated by the [Commissioner of Environmental Protection] Secretary of State, the State Treasurer, 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, 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, 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.) 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)

12. Section 1 of P.L.1970, c.268 (C.13:1B-15.128) is amended to read as follows:

A New Jersey Register of Historic Places is established in the [Division of Parks, Forestry and Recreation of the Department of Environmental Protection] Department of State to consist of a permanent record of areas, sites, structures and objects within the State determined to have significant historical, archeological, architectural or cultural value.

(cf: P.L.1970, c.268, s.1)

13. Section 2 of P.L.1970, c.268 (C.13:1B-15.129) is amended to read as follows:

2. The [Commissioner of Environmental Protection] Secretary of State, with the advice and recommendations of the Historic Sites Council, shall establish criteria for receiving and processing nominations and approval of areas, sites, structures and objects, both publicly and privately owned, for inclusion in the Register of Historic Places, together with appropriate documentation thereof to be included and maintained in the register and for the public identification of such historic places by appropriate plaques or documentation. The owners of all areas, sites, structures or objects approved for inclusion in the register shall be provided with appropriate written notification thereof by the department.

(cf: P.L.1970, c.268, s.2)

14. Section 4 of P.L.1970, c.268 (C.13:1B-15.131) is amended to read as follows:

4. The State, a county, municipality or an agency or instrumentality of any thereof shall not undertake any project which will encroach upon, damage or destroy any area, site, structure or object included in the Register of Historic Places without application to, and the prior written authorization or consent of, the [Commissioner of Environmental Protection] Secretary of State. The [commissioner] secretary shall solicit the advice and recommendations of the Historic Sites Council in connection with any [such] application and may direct the conduct of a public hearing or hearings thereon prior to granting or denying authorization or consent. The failure of the [commissioner] secretary to authorize, consent or deny any such application within 120 days of application therefor shall constitute [his] the secretary's consent thereto.

(cf: P.L.1970, c.268, s.4)

15. Section 1 of P.L.1999, c.377 (C.13:1B-15.131a) is amended to read as follows:

1. a. The [Commissioner of Environmental Protection] Secretary of State, in consultation with the Historic Sites Council, shall use volunteer services of appropriate historical organizations and the resources of the department to conduct, and update on a periodic basis, a survey of Civil War monuments located within this State. Civil War monuments which, based on the results of the survey, are determined to have significant historical value shall be included in the New Jersey Register of Historic Places.

b. In addition to the protections provided by section 4 of P.L.1970, c.268 (C.13:1B-15.131), the State, a county or municipality, or an instrumentality thereof, shall not approve any application or permit for any activity which will encroach upon, damage or destroy any Civil War monument listed in the New Jersey Register of Historic Places without first applying for the authorization of the [commissioner] secretary in the manner provided in that section.

c. As used in this section, "Civil War monument" means any area, site, structure or object, publicly or privately owned, relating to the American Civil War.

(cf: P.L.1999, c.377, s.1)

16. Section 5 of P.L.1970, c.268 (C.13:1B-15.132) is amended to read as follows:

5. There is appropriated to the Department of [Environmental Protection] State for the purpose of establishing and maintaining the New Jersey Register of Historic Places such sums as shall be included in any annual or supplemental appropriation act.

(cf: P.L.1970, c.268, s.5)

17. Section 1 of P.L.1962, c.92 (C.54:4-3.52) is amended to read as follows:

1. a. Any building and its pertinent contents and the land whereon it is erected and which may be necessary for the fair enjoyment thereof owned by a nonprofit corporation and which has been certified to be an historic site to the Director of the Division of Taxation in the Department of the Treasury by the [Commissioner of Environmental Protection] Secretary of State as hereinafter provided shall be exempted from real property taxation by the Director of the Division of Taxation after a determination by the director that the property meets the criteria set forth in section 2 of P.L.2004, c.183 (C.54:4-3.54b).

b. The municipal tax assessor shall annually certify to the Director of the Division of Taxation that each property certified for an historic site real property tax exemption continues to be qualified for its exempt status under the criteria set forth in section 2 of P.L.2004, c.183 (C.54:4-3.54b).

c. The Director of the Division of Taxation, by rule or regulation, shall set an annual fee, to be collected by the municipal assessor from the owner of an historic site that has been granted an historic site real property tax exemption, for the review of the real property tax exemption status of the historic site. The fee shall not exceed $50 per year and shall be used to offset the cost to the municipal assessor for the review and certification to the director.

(cf: P.L.2007, c.157, s.2)

18. Section 2 of P.L.1962, c.92 (C.54:4-3.53) is amended to read as follows:

2. The [Commissioner of Environmental Protection] Secretary of State when requested for any such certification and after consultation with and the advice of the Historic Preservation Office within the Department of [Environmental Protection] State shall certify a building to be an historic site whenever [he] the secretary finds such building to have material relevancy to the history of the State and its government warranting its preservation as an historical site and in the event of a restoration, heretofore or hereafter made, such building is or shall be of substantially the same kind, character and description as the original.

(cf: P.L.2007, c.157, s.3)

19. Section 3 of P.L.1962, c.92 (C.54:4-3.54) is amended to read as follows:

3. In the event of any substantial change in the building or the premises, such certification as an historic site may be canceled by the [commissioner] secretary, but no such cancellation shall preclude the issuance of a new certification.

(cf: P.L.2007, c.157, s.4)

20. Section 1 of P.L.2004, c.183 (C.54:4-3.54a) is amended to read as follows:

1. After the effective date of P.L.2004, c.183 (C.54:4-3.54a et seq.), any building, its pertinent contents and the land on which it is erected and which may be necessary for the fair enjoyment thereof, owned by a nonprofit corporation that: is organized under P.L.1983, c.127 (C.15A:1-1 et seq.); is qualified for tax exempt status under the Internal Revenue Code of 1986, 26 U.S.C. s.501(c) and meets all other State and federal requirements; has a primary mission as an historical organization to research, preserve and interpret history and architectural history; and has been certified to be an historic site by the [Commissioner of Environmental Protection] Secretary of State, shall be exempt from taxation upon application to, and certification by, the Director of the Division of Taxation in the Department of the Treasury.

(cf: P.L.2007, c.157, s.5)

21. Section 2 of P.L.2004, c.183 (C.54:4-3.54b) is amended to read as follows:

2. a. The Director of the Division of Taxation in the Department of the Treasury shall certify a building to be an historic site qualified for a real property tax exemption whenever the director finds such building to have the following characteristics:

(1) material relevancy to the history of the State and its government warranting its preservation as an historical site;

(2) the building is listed in the New Jersey Register of Historic Places;

(3) in the event of a restoration or rehabilitation, or both, heretofore or hereafter made, such restoration or rehabilitation shall be done in accordance with the United States Secretary of the Interior's Standards for the Treatment of Historic Properties; and

(4) the building is open to the general public and freely available to all people, without discrimination as to race, creed, color or religion, under reasonable terms and conditions, including but not limited to a nominal fee, that would ensure the preservation and maintenance of the site, for a minimum of 96 days per year. Notwithstanding the foregoing, the building can be open to the public for less than 96 days per year if the building meets the following three qualifications: (a) the nonprofit corporation that owns the building applies to the Director of the Division of Taxation for approval of fewer days; (b) the governing body of the municipality in which the building is located passes a resolution in support of the nonprofit corporation's application for fewer days; and (c) the director determines, based upon the financial resources of the nonprofit corporation, that 96 days is not feasible and approves a fewer number of days. In making this determination the director shall consider at least, but shall not be limited to, the following criteria: the financial condition and resources of the nonprofit corporate owner; whether the request is temporary because of a short-term constraint regarding the public's physical access to the building; whether the property relies on volunteers to manage public access; and the impact upon the public interest in restricting access to the real property tax exempt historic site property.

b. On or before January 30 annually, a nonprofit corporation that owns the building certified as an historic site pursuant to this section shall submit to the municipal tax assessor, the Historic Preservation Office in the Department of [Environmental Protection] State, and the Director of the Division of Taxation a status report that contains the following information:

(1) evidence that the property was open to the public during the preceding calendar year, including proof of public notification or advertisement and a brief summary of visitation statistics;

(2) a copy of any amendments or modifications to the current corporation bylaws;

(3) evidence that the nonprofit corporation that owns the building certified as an historic site has current nonprofit status pursuant to P.L.1983, c.127 (C.15A:1-1 et seq.) and is qualified for tax exempt status under the Internal Revenue Code of 1986, 26 U.S.C. s.501(c);

(4) a brief description of any physical restoration or rehabilitation undertaken in the preceding calendar year, with photographs documenting the current condition of the building; and

(5) a description of any physical restoration or rehabilitation anticipated to be taken in the subsequent calendar year.

c. The Director of the Division of Taxation shall on or before September 15 of each year certify that a property owner and the real property for which an exemption is claimed pursuant to P.L.2004, c.183 (C.54:4-3.54a et seq.) have met all of the qualifications for an historic site real property tax exemption. If an owner and property are not yet qualified for such exemption because the property was not open to the public for at least the number of days required pursuant to subsection a. of this section by August 31 but is otherwise qualified, the director shall certify the number of days the property was open by August 31, and that the owner and property will be qualified for such exemption if the property is open to the public for at least the required number of days by December 31. The director shall deliver such certification to the property owner and the tax assessor of the taxing district in which the real property is located. In addition to the report required pursuant to subsection b. of this section, on or before August 31 annually, the nonprofit corporation that owns the building certified as an historic site pursuant to this section shall submit to the Historic Preservation Office in the Department of [Environmental Protection] State, the municipal tax assessor, and the Director of the Division of Taxation an interim status report that contains current calendar year information that the director determines is necessary to fulfill the director's obligation pursuant to this subsection.

d. Not later than the first day of the third month next following the effective date of P.L.2007, c.157 (C.54:4-3.54a1 et al.) the Director of the Division of Taxation shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this section and section 1 of P.L.2004, c.183 (C.54:4-3.54a).

(cf: P.L.2007, c.157, s.6)

22. Section 3 of P.L.2004, c.183 (C.54:4-3.54c) is amended to read as follows:

3. Upon the cancellation of a certification as an historic site pursuant to section 3 of P.L.1962, c.92 (C.54:4-3.54), the [commissioner] secretary shall, no later than the next business day, notify the Director of the Division of Taxation in the Department of the Treasury and the municipal tax assessor wherein the historic site is located, of the cancellation.

(cf: P.L.2007, c.157, s.7)

23. This act shall take effect immediately.

STATEMENT

This bill establishes the Commission on State-owned Historic Sites in the Department of State and transfers administration of State-owned historic sites from the Department of Environmental Protection (DEP) to the new commission.

The commission would consist of 11 members, as follows: the Secretary of State or the secretary's designee, the Chair of the Historic Sites Council or the chair's designee, the Commissioner of Environmental Protection or the commissioner's designee, and eight residents of the State, appointed by the Governor, with the advice and consent of the Senate, with experience and expertise in historic preservation, historic interpretation, historic sites management, museum studies, artifact conservation, or public history. The members would serve without compensation but may be reimbursed for necessary expenses incurred in the performance of their duties.

The commission is charged with the administration and operation of all historic sites owned by the State. The commission is also charged with: (1) overseeing the New Jersey Office of Historic Sites and Historic Preservation Office; (2) consulting with and advising the Commissioner of Environmental Protection and the director of the Division of Parks and Forestry with respect to the work of the division; (3) providing advice on encroachments by the undertakings of State, county or municipal governments or any agency or instrumentality thereof on properties listed in the New Jersey Register; and (4) in consultation with the Historic Sites Council, (a) recommending programs and policies for the acquisition, development, use, improvement and extension of historic sites, including archeological sites, and (b) developing a broad historic sites preservation program on a State-wide and local basis to provide for the identification, authentication, protection, preservation, conservation, restoration, and management of all historic sites within the State.

Upon the designation or appointment of a majority of the commission members, any State funds appropriated to the DEP or the Division of Parks and Forestry specifically for, or related to the administration of, historic sites owned or maintained by the State would be reallocated to the commission for the purposes of this bill.

The bill also amends current law to provide that any references to the DEP would now refer to the Department of State, as this bill would transfer the historic preservation functions and the Historic Sites Council currently in the DEP to the Department of State. As a result of the transfer of historic preservation functions, the bill would further change the membership of the New Jersey Historic Trust, in the Department of Community Affairs, to include the Secretary of State instead of the Commissioner of Environmental Protection. The bill additionally amends current law to provide that the historic site tax exemption, certified to the Director of the Division of Taxation in the Department of the Treasury, would be made by the Secretary of State rather than the Commissioner of Environmental Protection.

The "Report of the Transition Subcommittee on the Department of State," issued by Governor Christie's transition team, recommends consideration of consolidating all of the State's historical programs, i.e., the New Jersey Historic Trust in but not of the Department of Community Affairs, and the Historic Preservation Office and the Office of Historic Sites within the DEP, with the New Jersey Historical Commission in the Department of State to help establish stronger coordination between these groups, use other related divisions in the Department of State (such as the Division of Archives and Records Management and the Division of Travel and Tourism), and increase efficiency in staffing and support resources. This bill would accomplish part of that suggestion by transferring the historic preservation functions, including the Historic Sites Council and the Historic Preservation Office, currently in the DEP to the Department of State.