A588

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 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] 17 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.

c. [Nineteen] Ten 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 least four more public members shall be elected by

the nonprofit cultural organizations which become members of the foundation, and the remaining public members 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 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)

2. 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)

3. 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 Cultural and Heritage Initiative 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)

4. 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)

5. This act shall take effect immediately.

STATEMENT

The mission of the New Jersey Black Cultural and Heritage Initiative Foundation is to broaden, deepen and diversify Statewide participation in and appreciation for Black arts, history and culture. The foundation is a partnership of organizations and institutions that strive to increase awareness of and appreciation for the cultural contributions of Black Americans, expand participation in Black cultural and heritage programming, and invest in future generations of Black artists and historians. The purpose of this bill, which makes changes to the funding and organization of the foundation, is to provide the foundation with the resources and opportunity necessary to execute the foundation’s mission.

This bill reduces the total number of members on the board of trustees from 25 to 17 by decreasing the number of public members from 19 to 10. In addition to the Secretary of State or the Secretary of State’s designee and the appointees and public members already composing the board of trustees, this bill adds the Governor or the Governor’s designee. The bill also necessitates that the board of trustees employ an executive director of the foundation within the limits of the foundation’s available funds.

The executive director of the foundation is required 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 no less than $500,000 to the foundation for the operation of the foundation. The foundation shall pay all expenses from funds raised by, or appropriated to, the foundation.