S2375

An Act concerning the New Jersey Hall of Fame, supplementing P.L.1985, c.325, amending P.L.1985, c.325 and P.L.2005, c.232, and repealing section 4 of P.L.2005, c.232.

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

1. (New section) The New Jersey Hall of Fame Advisory Commission, established pursuant to section 4 of P.L.2005, c.232 (C.5:10-6.6), and the New Jersey Hall of Fame corporation, established pursuant to subsection b. of section 1 of P.L.1985, c.325 (C.5:10-6.1), shall be dissolved as of the first day of the third month after enactment of P.L. , c. (pending before the Legislature as this bill). All property, funds, and assets of the New Jersey Hall of Fame Advisory Commission and the New Jersey Hall of Fame corporation shall be vested in and transferred to the Foundation for the New Jersey Hall of Fame, which, in addition to the powers and authority vested in it pursuant to section 6 of P.L.2005, c.232 (C.5:10-6.8), shall carry out the duties of the commission set forth in section 5 of P.L.2005, c.232 (C.5:10-6.7) as amended.

2. Section 1 of P.L.1985, c.325 (C.5:10-6.1) is amended to read as follows:

1. a. The New Jersey Sports and Exposition Authority created by P.L.1971, c.137 (C.5:10-1 et seq.) is authorized to establish a New Jersey Hall of Fame as a project either within the Meadowlands complex, or within the State of New Jersey, but outside of the Meadowlands complex, at a site that [the commissioners of the New Jersey Hall of Fame Advisory Commission and] the board of trustees of the Foundation for the New Jersey Hall of Fame [, acting jointly, determine] determines to be appropriate to meet the requirements of the New Jersey Hall of Fame project and to best serve the interests of the public. With respect to this project, the authority may exercise all the rights and powers relating to the Meadowlands complex granted to the authority under P.L.1971, c.137 (C.5:10-1 et seq.) as though the rights and powers were granted under P.L.1985, c.325 (C.5:10-6.1) and P.L.2005, c.232 (C.5:10-6.4 et al.), and made applicable to a New Jersey Hall of Fame.

b. [The New Jersey Sports and Exposition Authority shall establish a New Jersey Hall of Fame corporation, hereinafter referred to as the "hall of fame corporation," to operate and manage the New Jersey Hall of Fame project authorized by subsection a. of this section. The corporation shall be established as a separate, nonprofit corporation to be incorporated as a New Jersey nonprofit corporation pursuant to P.L.1983, c.127 (N.J.S.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 shall be authorized to sue and to be sued as a legal entity separate from the authority and from the State of New Jersey. The voting membership of the board of directors of the hall of fame corporation shall consist of the members of the board of trustees of the Foundation for the New Jersey Hall of Fame established pursuant to subsection a. of section 6 of P.L.2005, c.232 (C.5:10-6.8), but may, subject to any bylaws of the corporation adopted by the voting membership of the board of directors thereof, include as nonvoting ex officio members the members of the New Jersey Hall of Fame Advisory Commission established pursuant to section 4 of P.L.2005, c.232 (C.5:10-6.6).] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

c. [The terms of the 11 members appointed by the Governor to the board of directors of the New Jersey Sports Hall of Fame pursuant to P.L.1985, c.325 (C.5:10-6.1), shall continue after the effective date of P.L.2005, c.232 (C.5:10-6.4 et al.) and such board members serving on the effective date of P.L.2005, c.232 (C.5:10-6.4 et al.) shall serve as members of the New Jersey Hall of Fame Advisory Commission established pursuant to section 4 of P.L.2005, c.232 (C.5:10-6.6) until the expiration of their terms.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(cf: P.L.2008, c.109, s.1)

3. Section 5 of P.L.2005, c.232 (C.5:10-6.7) is amended to read as follows:

5. a. It shall be the duty of the [commission] foundation to develop plans for [establishing] maintaining and operating a New Jersey Hall of Fame and to provide information to the authority with respect to the operation, management and location of the New Jersey Hall of Fame as a project at a site either within the Meadowlands complex, or within the State of New Jersey, but outside of the Meadowlands complex, that the [commission] foundation determines to be appropriate to meet the requirements of the New Jersey Hall of Fame project and to best serve the interests of the public, giving due consideration to architectural designs, development of new structures or the adapting of existing structures within which the New Jersey Hall of Fame may be located, criteria for selection of nominees to the Hall of Fame, the annual ceremonies for the induction of nominees into the Hall of Fame and other areas the [commission] foundation may deem relevant to the creation at a site either within the Meadowlands complex, or within the State of New Jersey, but outside of the Meadowlands complex, of a New Jersey Hall of Fame including, but not limited to, such programs and events [that the Foundation for the New Jersey Hall of Fame, established pursuant to section 6 of P.L.2005, c.232 (C.5:10-6.8), may wish to consider] in connection with the foundation's fund-raising activities to support the operation, maintenance, support and promotion of the New Jersey Hall of Fame and to support charitable organizations that directly benefit children in need in New Jersey and throughout the world.

b. The [commission] foundation shall also develop policies to improve the image of New Jersey, promote the heritage of the residents of this State and instill pride in the State by increasing the public's awareness of the contributions made to society by past and present residents of New Jersey, make recommendations for local and State actions to follow up the [commission’s] foundation’s goals and consider such other matters relating to the accomplishment of its goals as the [commission] foundation may deem appropriate.

c. [The commission shall be authorized, within the limits of the funds made available to it for its purposes, to employ an executive director and professional, technical and administrative personnel and to contract for such professional and administrative services, and incur traveling and other miscellaneous expenses as it may deem necessary, in order to perform its duties. No member of the commission shall engage in any business transaction or professional activity for profit with the State of New Jersey. Employees of the commission shall not be construed to be employees of the State of New Jersey.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

d. [The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county or municipal department, board, bureau, commission or agency as it may require and as may be available to it for this purpose.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

e. The foundation is authorized to receive and administer gifts, contributions, and funds from public and private sources to be expended solely for the purposes provided in this section.

(cf: P.L.2008, c.109, s.2)

4. Section 6 of P.L.2005, c.232 (C.5:10-6.8) is amended to read as follows:

6. a. The authority is [also] authorized to establish a nonprofit, educational and charitable organization to be known as the Foundation for the New Jersey Hall of Fame, hereinafter referred to as the "foundation." 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 authority and from the State of New Jersey.

b. [The] In addition to the duties specified under section 5 of P.L.2005, c.232 (C.5:10-6.7), the foundation shall be responsible for the planning, promoting and coordinating of fund-raising drives and the soliciting of contributions for the purposes set forth in P.L.2005, c.232 (C.5:10-6.4 et al.) and for determining how such funds and contributions shall be allocated for: (1) the support of the New Jersey Hall of Fame project including, but not limited to, the annual induction ceremonies for nominees to the New Jersey Hall of Fame and other events sponsored in connection with the New Jersey Hall of Fame project; (2) the support of charitable organizations that directly benefit children in need in New Jersey and throughout the world; (3) the administrative and other expenses of the [commission and] hall of fame [corporation, as appropriate]; and (4) other purposes of P.L.2005, c.232 (C.5:10-6.4 et al.).

(cf: P.L.2005, c.232, s.6)

5. Section 9 of P.L.2005, c.232 (C.5:10-6.11) is amended to read as follows:

9. The foundation shall [, in conjunction with the commission and the hall of fame corporation, as applicable,] annually report its findings and recommendations to the Governor, the Legislature , pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and the public. The report shall address the responsibilities of the foundation [, commission and hall of fame corporation, as set forth in P.L.2005, c.232 (C.5:10-6.4 et al.), along with] and all other issues which the foundation [, commission and hall of fame corporation, as applicable, find] finds to be necessarily related.

(cf: P.L.2005, c.232, s.9)

6. Section 11 of P.L.2005, c.232 (C.5:10-6.13) is amended to read as follows:

11. All expenses incurred by the [commission, the] foundation [and the hall of fame corporation, as appropriate,] shall be payable from funds raised by the foundation, and from such other funds as may be made available to the [commission, the] foundation [or hall of fame corporation, as the case may be], and no liability or obligation, in tort or contract, shall be incurred by the State for the operation of the [commission,] foundation [or hall of fame corporation]. The [commission,] foundation [and hall of fame corporation] shall, if necessary, 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.232, s.11)

7. Section 4 of P.L.2005, c.232 (C.5:10-6.6) is repealed.

8. The 15 appointed members of the New Jersey Hall of Fame Advisory Commission, established pursuant to section 4 of P.L.2005, c.232 (C.5:10-6.6), serving on the effective date of P.L. , c. (pending before the Legislature as this bill) shall continue to serve for one year following the effective date of P.L. , c. (pending before the Legislature as this bill) as members of the board of trustees of the foundation, established pursuant to section 7 of P.L.2005, c.232 (C.5:10-6.9).

9. This act shall take effect on the first day of the first month next following enactment.

STATEMENT

This bill would dissolve the New Jersey Hall of Fame Advisory Commission and the New Jersey Hall of Fame corporation on the first day of the third month after enactment of this bill and transfer their property, funds, assets, and duties to the Foundation for the New Jersey Hall of Fame.

The corporation is a nonprofit entity created by the New Jersey Sports and Exposition Authority to operate and manage a New Jersey Hall of Fame. The hall of fame honors past and present individuals from the State, who have made substantial contributions to society through their accomplishments in the visual and performing arts, music, literature, science, education, sports, entertainment, business, religion, government, military, and philanthropy. The commission advises NJSEA with respect to the operation and management of the hall of fame, the development of new structures or the use of existing structures within which a hall of fame may be located, the criteria for selection of nominees to the hall of fame, the annual induction ceremonies for inductees to the hall of fame, and other programs and activities connected to the fund-raising activities of the foundation. The foundation sponsors fund-raising activities, solicits contributions, and determines the allocation of funds and contributions for the support of the hall of fame.

The dynamic of having multiple organizations with overlapping responsibilities has led to instances of confusion and conflict in the administration of the hall of fame. This bill would streamline the management of the hall of fame by consolidating the property, funds, assets, and duties of the three organizations into one single organization. This bill would provide the foundation with the flexibility and focus needed to effectively promote, fund, and operate the hall of fame.

Under the bill, the current members of the commission will continue to serve for one year following the effective date of the bill as members of the board of trustees of the foundation. After one year, membership on the board of trustees of the foundation will be governed by the foundation’s bylaws.