P.L. 2015, c.081 (A3509)

An Act concerning the governance and administrative structure of the New Jersey State Museum, amending N.J.S.18A:73-20, supplementing chapter 16A of Title 52 of the Revised Statutes, and repealing sections 1 through 12 of P.L.1999, c.437.

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

1. N.J.S.18A:73-20 is amended to read as follows:

18A:73-20. The [present State museum] New Jersey State Museum, including all of its collections and exhibits, shall be under the control and management of the [New Jersey State Museum and its board of trustees, established pursuant to P.L.1999, c.437 (C.52:16A-60 et al.)] Division of the State Museum in the Department of State, established pursuant to section 2 P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.1999, c.437, s.13)

2. (New section) There is hereby established in the Department of State the Division of the State Museum. The purpose of the division shall be to collect, preserve, and interpret the cultural and natural history of New Jersey in a national and world context to visitors of all ages and diverse backgrounds and to preserve and interpret the landmark property called Morven located in Princeton. The division shall accomplish this purpose through the presentation of exhibits, education programs, publications, and other services. Specific collection areas shall include, but not be limited to, archaeology and ethnology, decorative arts, fine arts, and natural history.

3. (New section) The New Jersey State Museum established in the Department of State under section 1 of P.L.1999, c.437 (C.52:16A-60) is continued in the Division of the State Museum in the Department of State, and all of its powers, functions, and duties are continued in the division. The position and employment of the curators and all other employees of the New Jersey State Museum are continued in the division. All appropriations and other moneys available and to become available to the New Jersey State Museum are hereby continued in the division and shall be available for the objects and purposes for which such moneys are appropriated subject to any terms, restrictions, limitations, or other requirements imposed by State or federal law. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the New Jersey State Museum, the same shall mean and refer to the Division of the State Museum in the Department of State.

The board of trustees of the New Jersey State Museum established under section 3 of P.L.1999, c.437 (C.52:16A-62) is hereby abolished, and all of its powers, functions, and duties are continued in the division.

4. (New section) The Division of the State Museum in the Department of State is hereby authorized and empowered to:

a. employ an executive director of the New Jersey State Museum;

b. prescribe rules and regulations consistent with the laws and rules of the State of New Jersey for the operation of the museum, including those relating to operations, capital projects, collections, exhibits, and services;

c. on behalf of the State and in furtherance of the purposes of the museum, solicit, receive and administer gifts, bequests, and devises of property of any kind whatsoever, and grants from agencies of the United States government;

d. make purchases for the collections and dispose of items in the collections by sale or auction;

e. enter into contracts with individuals, organizations, and institutions for services or endeavors furthering the objectives of the museum's programs;

f. prepare and implement a fiscal plan for the museum which shall include support from the State of New Jersey and the private sector;

g. submit an annual operational and capital funding request to the Governor through the Department of State and the Division of Budget and Accounting in the Department of the Treasury and to expend or authorize the expenditure of funds derived from such sources and funds as are appropriated annually to the museum;

h. manage and control the museum, together with its contents, furnishings, and other properties;

i. care for and preserve property belonging to the museum;

j. provide auxiliary services such as for the sale of books, periodicals, and art supplies and to provide facilities for the operation of food and beverage services at the museum;

k. impose an admission charge to the museum, if deemed appropriate;

l. adopt bylaws for the museum’s governance;

m. operate branch museums and to give technical advice to other museums;

n. collect, preserve, and exhibit, in cooperation with the Department of Military and Veterans' Affairs, Medals of Honor and related memorabilia; and

o. provide, within the limits of funds appropriated therefor, for a program of maintenance and support for services by the Newark Museum Association for the educational and recreational use and benefit of the public.

5. (New section) The Division of the State Museum shall employ an executive director who shall have a minimum of five years of experience in the management of a museum accredited by the American Association of Museums, or its successors, or shall have been engaged for an equal amount of time in the management of a similar and comparable institution. The executive director shall serve at the pleasure of the Secretary of State and shall be in the unclassified service under Title 11A (Civil Service) of the New Jersey Statutes. The executive director shall carry out the policies of the division under the direction of the secretary.

6. (New section) The executive director may appoint such employees as may be necessary, whose employment shall be in the career service under Title 11A (Civil Service) of the New Jersey Statutes.

7. (New section) The Division of the State Museum shall submit an annual report of its activities through the Department of State to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on or before November 1 of each year. Such report shall contain at a minimum the annual financial statements of the museum for the fiscal year ending the preceding June 30.

8. (New section) The Director of the Division of Budget and Accounting, in the Department of the Treasury, the director's legally authorized representatives, and the State Auditor are hereby authorized and empowered from time to time to examine the accounts, books, and records of the Division of the State Museum, and any of its related entities, including its receipts, disbursements, contracts, investments and any other matters relating thereto and to its financial standing.

9. Sections 1 through 12 of P.L.1999, c.437 (C.52:16A-60 through C.52:16A-71) are repealed.

10. This act shall take effect immediately.

STATEMENT

Under current law, the New Jersey State Museum in the Department of State is governed by a board of trustees and an executive director. This bill establishes a Division of the State Museum in the Department of State, and continues the New Jersey State Museum within that division. The bill abolishes the museum board of trustees. All of the powers, functions, and duties of the museum and the board are transferred to the division.

In addition, this bill requires the division to employ an executive director, who must have a minimum of five years of experience in the management of a museum accredited by the American Association of Museums, or its successors, or who has been engaged for an equal amount of time in the management of a similar and comparable institution. The executive director would serve at the pleasure of the Secretary of State, would carry out the policies of the division under the direction of the secretary, and would be in the unclassified service of the civil service. The bill also provides that the position and employment of the curators and all other employees of the New Jersey State Museum are continued in the division, and would be in the career service of the civil service.

Under the bill, the division would be required to submit an annual report to the Governor and the Legislature. The division would be subject to audits.

Finally, the bill repeals sections 1 through 12 of P.L.1999, c.437 (C.52:16A-60 through C.52:16A-71), which currently govern the museum and board of trustees.

Establishes Division of State Museum in Department of State; continues New Jersey State Museum within division; abolishes museum board of trustees.