N.J. Stat. § 52:16A-1 Department established
There is hereby established in the executive branch of the State Government a principal department which shall be known as the Department of State. L.1948, c. 445, p. 1757, s. 1.
N.J. Stat. tit. 52, ch. 16A
N.J. Stat. tit. 52, ch. 16A
in effectN.J. Stat. § 52:16A-2 Secretary of State; appointment; salary; term; vacancy
The head of the Department of State shall be the Secretary of State who shall be appointed by the Governor, with the advice and consent of the Senate, and who shall serve during the term of office of the Governor. He shall receive such salary as shall be provided by law. Any vacancy occurring in the office of Secretary of State shall be filled in the same manner as the original appointment, but for the unexpired term only. The person in office as Secretary of State on the thirty-first day of December, one thousand nine hundred and forty-eight, shall hold the office of Secretary of State in the Department of State established hereunder for the unexpired period of the term for which he was appointed, and until his successor is appointed and qualifies. L.1948, c. 445, p. 1757, s. 2.
N.J. Stat. § 52:16A-3 Powers, duties and property of existing Secretary of State transferred to Department of State
The functions, powers, duties, records and property of the existing office of Secretary of State, and of the Secretary of State, are hereby transferred to and vested in the Department of State established hereunder, and shall be exercised and used by the Secretary of State pursuant to the provisions of this act and as otherwise provided by law. L.1948, c. 445, p. 1757, s. 3.
N.J. Stat. § 52:16A-10 Board of State Canvassers
There shall be in the Department of State the Board of State Canvassers, to be constituted as provided by law. The Board of State Canvassers shall have and exercise all of the functions, powers and duties conferred and imposed upon it by law. L.1948, c. 445, p. 1759, s. 10.
N.J. Stat. § 52:16A-11 Powers and duties of Secretary of State
In addition to other powers and duties specifically conferred and imposed upon him by this act or by any other law, the Secretary of State shall: (a) Supervise the work of the employees engaged in the Department of State. (b) Adopt uniform procedures for all secretarial, recording and clerical duties for each office within the Department of State. (c) Maintain a public register of all persons licensed by the State Athletic Commissioner. (d) Integrate, so far as practicable, all staff services of the Department of State and of each of the offices therein. L.1948, c. 445, p. 1759, s. 11.
N.J. Stat. § 52:16A-11.1 Payment of fees in advance of performance by Department of State
The Department of State may require, for the performance of any service for which any fee is payable, payment in advance of the performance of the service. For convenience the department may receive reasonable deposits in advance from persons desiring services for which fees are payable and the department shall account at least annually to the persons making or maintaining such deposits. L.1961, c. 137, p. 806, s. 1, eff. Jan. 9, 1962.
N.J. Stat. § 52:16A-12 Request officer, Secretary of State as
The Secretary of State shall be the request officer of the Department of State within the meaning of such term as defined in chapter one hundred twelve of the laws of one thousand nine hundred and forty-four. L.1948, c. 445, p. 1760, s. 12.
N.J. Stat. § 52:16A-13 Employees of existing office of Secretary of State transferred
Such employees of the existing office of Secretary of State, as the Secretary of State may determine are needed for the proper performance of the functions and duties imposed upon him, are hereby transferred to the Department of State established hereunder. Persons thus transferred shall be assigned to such duties as the Secretary of State shall determine. L.1948, c. 445, p. 1760, s. 13.
N.J. Stat. § 52:16A-14 Appropriations transferred
All appropriations available and to become available to the Secretary of State, and all appropriations available and to become available to the State Athletic Commissioner are hereby transferred to the Department of State established hereunder, and shall be available for the objects and purposes for which appropriated. L.1948, c. 445, p. 1760, s. 14.
N.J. Stat. § 52:16A-15 Civil Service, pension or retirement rights not affected
Nothing in this act shall be construed to deprive any person of any right or protection provided him by Title 11 of the Revised Statutes, Civil Service, or under any pension law or retirement system. L.1948, c. 445, p. 1760, s. 15.
N.J. Stat. § 52:16A-16 Orders, rules and regulations of Secretary of State continued
This act shall not affect the orders, rules and regulations heretofore made or promulgated by the Secretary of State but such orders, rules and regulations shall continue with full force and effect until amended or repealed by the Secretary of State. L.1948, c. 445, p. 1760, s. 16.
N.J. Stat. § 52:16A-17 Orders, rules and regulations of Athletic Commissioner continued
This act shall not affect the orders, rules and regulations heretofore made or promulgated by the State Athletic Commissioner, but such orders, rules and regulations shall continue with full force and effect until amended or repealed by the State Athletic Commissioner. L.1948, c. 445, p. 1760, s. 17.
N.J. Stat. § 52:16A-20 Pending actions or proceedings by or against officers whose powers and duties are transferred
This act shall not affect actions or proceedings, civil or criminal, brought by or against any officer, the functions, powers and duties of whom have been herein assigned or transferred to the Department of State or to any officer or agency continued or constituted hereunder, and pending on the effective date of this act, and such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by the department, officer or agency to which such assignment or transfer has been made hereunder, as if the foregoing provisions had not taken effect; nor shall any of the foregoing provisions affect any order or recommendation made by, or other matters or proceedings before, any officer, the functions, powers and duties of whom have been herein assigned or transferred to the Department of State or to any officer or agency continued or constituted hereunder, and all such matters or proceedings pending before such officer on the effective date of this act shall be continued by the department, officer or agency to which such assignment or transfer has been made hereunder, as if the foregoing provisions had not taken effect. L.1948, c. 445, p. 1761, s. 20.
N.J. Stat. § 52:16A-21 Professional or occupational licenses not affected
Nothing in this act shall affect the validity of any license, certificate of registration, or other authorization, heretofore issued to any person under any prior law, to practice any profession or to engage in any occupation governed or regulated by the provisions of this act or by any officer, the functions, powers and duties of whom have been herein transferred or assigned to an officer within the Department of State established hereunder; but all persons holding such licenses, certificates of registration, or other authorization shall in all other respects be subject to the provisions of this act and to the respective provisions of law governing or regulating such profession or occupation. L.1948, c. 445, p. 1761, s. 21.
N.J. Stat. § 52:16A-22 Repeal
All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, hereby repealed. L.1948, c. 445, p. 1762, s. 22.
N.J. Stat. § 52:16A-23 Short title
This act shall be known as, and may be cited as, the "Department of State Act of 1948." L.1948, c. 445, p. 1762, s. 23.
N.J. Stat. § 52:16A-24 Effective date
This act shall take effect on the first day of January, one thousand nine hundred and forty-nine, except that any appointment, and any confirmation of any appointment, permitted by this act may be made prior to such date. L.1948, c. 445, p. 1762, s. 24.
N.J. Stat. § 52:16A-25 State council on the arts; members; appointment; term; vacancies; compensation
There is hereby established in the Department of State the New Jersey State Council on the Arts, to be referred to hereinafter as the council. a. The council shall consist of 17 public members, to 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 the performing, visual and creative arts. b. There shall be three nonvoting, ex officio members of the New Jersey State Council on the Arts, in addition to the 17 public members. (1) The Secretary of State or his designee shall serve as a nonvoting, ex officio member for a term coextensive with the secretary's term of office or until such time as the Secretary of State appoints another designee, whichever occurs first. (2) One member of the Senate, appointed by the President of the Senate, and one member of the General Assembly, appointed by the Speaker of the General Assembly, shall be appointed as nonvoting, ex officio members of the New Jersey State Council on the Arts, not both of the same political party. Both Senate and General Assembly nonvoting, ex officio members shall be designated members to the National Conference of State Legislatures' Committee on the Arts. The legislative members shall serve for terms coextensive with the legislative terms for which they were elected, subject to reappointment after the expiration of the legislative year. c. The term of office of each member shall be three years, except that the present 15 members of the council shall continue in office for the terms to which they were appointed; provided that the two additional public members first appointed under this amendatory and supplementary act shall be appointed for initial terms ending on December 12, 1984. All vacancies shall be filled for the balance of the unexpired term only, in the same manner as original appointments. The members of the council shall not receive any compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties as members of the council. The non-voting, ex officio members shall not receive any compensation for services or reimbursement for expenses. L.1966, c. 214, s. 1, eff. July 29, 1966. Amended by L.1981, c. 43, s. 2, eff. Feb. 18, 1981; L.1983, c. 42, s. 2, eff. Jan. 27, 1983.
N.J. Stat. § 52:16A-25.1 Transfer of council on the arts to department of state
The New Jersey State Council on the Arts in the Department of Education, together with its functions, powers and duties, is transferred to the Department of State. L.1983, c. 42, s. 3, eff. Jan. 27, 1983.
N.J. Stat. § 52:16A-25.2 Transfer in accordance with State Agency Transfer Act
The transfer directed by this act shall be made in accordance with the "State Agency Transfer Act," P.L.1971, c. 375 (C.52:14D-1 et seq.). L.1983, c. 42, s. 4, eff. Jan. 27, 1983.
N.J. Stat. § 52:16A-26 Duties of council
The duties of the council shall be: (a) To take such steps as may be deemed necessary and appropriate to stimulate and encourage the study and presentation of the performing and creative arts, and to foster public interest in and support of the arts in our State. (b) To make such surveys as may be deemed advisable to public and private institutions within the State engaged in the performing and creative arts, and to make recommendations for appropriate action to enlarge the State's resources in the performing and creative arts. (c) To encourage and assist freedom of expression in the performing and creative arts. (d) To assist in complementing the design of public buildings in this State in accordance with the provisions of the "Public Buildings Arts Inclusion Act." For the purposes of this act, the term "performing and creative arts" shall include, but not be limited to, music, theater, dance, literature, painting, sculpture, architecture, photography, film art, handicrafts, graphic arts and design. L.1966, c. 214, s. 2. Amended by L.1978, c. 117, s. 6.
N.J. Stat. § 52:16A-26.1 Short title
This act shall be known and may be cited as the "State and Regional Centers of Artistic Excellence Act." L. 1985, c. 410, s. 1.
N.J. Stat. § 52:16A-26.2 Definitions
As used in this act: a. "Council" means the New Jersey State Council on the Arts in the Department of State; b. "Cultural activities" means performances, displays, and educational programs of music, dance, opera, theatre, painting, sculpture, architecture, photography, film art, handicrafts, graphic arts, design, literature, and other similar or related activities; c. "Network" means more than one facility, structure or space which are managed and operated in conjunction and cooperation with one another for the primary purpose of presenting or producing cultural activities; d. "Qualifying governmental body" means a municipality, contiguous municipalities or a county in which government arts or cultural boards or commissions, nonprofit arts or cultural corporations, and arts, cultural, educational, or philanthropic organizations provide, in conjunction with one another, a wide range of cultural activities on a year-round basis through the management, operation, and maintenance of the necessary facilities; e. "Regional center" means a cultural facility or network of facilities to be designated by the council pursuant to this act, which is located within a municipality or within two or more contiguous municipalities, which possesses the appropriate and requisite space, technical capabilities and professional management to present or produce on a year-round basis cultural programs and activities of high artistic quality representing a balanced variety of major disciplines and forms, and which serves a broad and diverse regional audience; f. "State center" means a cultural facility or network of facilities to be designated by the council pursuant to this act, which is located within a municipality or within two or more contiguous municipalities, which possesses the appropriate and requisite space, technical capabilities and professional management to present or produce on a year-round basis cultural programs and activities of the highest artistic quality by major State, national or international artists and arts groups representing all major disciplines and forms, and which serves a diverse Statewide audience. L. 1985, c. 410, s. 2.
N.J. Stat. § 52:16A-26.3 Powers, responsibilities
In addition to the powers and responsibilities provided under any other law, the council shall have the following powers and responsibilities: a. To provide municipalities, counties and prospective centers with information related to qualification, application and reapplication under the provisions of this act; b. To designate centers in qualifying municipalities and counties pursuant to this act; c. To monitor continuously the operation of centers so designated; d. To remove designation of or to redesignate from State to regional a center if, within the municipality, municipalities or county, the boards, commissions, and organizations responsible for management, operation, and maintenance of the facilities fail to continue to meet the criteria established for the respective designations of State and regional centers; and e. To promulgate the rules and regulations pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), necessary to effectuate the purposes of this act. L. 1985, c. 410, s. 3.
N.J. Stat. § 52:16A-26.4 Application for center designation
A qualifying governmental body may develop and adopt by ordinance or resolution a State cultural center plan or a regional cultural center plan to be submitted to the council as an application for designation as a center. The plan shall include: a. A description of the facilities available for cultural activities; b. A statement of the boards, commissions, and organizations responsible for management, operation, and maintenance of the facilities involved and activities provided, and any plans or commitments made by these groups for the continuation of services and provision of activities; c. A description of the types of cultural activities that are provided, or are to be provided, at and by the center; and d. A statement of commitments made by private individuals, businesses, and organizations for developing, financing, and maintaining the center and its activities. L. 1985, c. 410, s. 4.
N.J. Stat. § 52:16A-26.5 State cultural center
Upon application by a municipality, two or more contiguous municipalities or a county, the council shall designate a facility or network of facilities within the applicant's jurisdiction as a State cultural center under the provisions of this act, if it determines that the plan submitted demonstrates that: a. The variety of cultural activities includes programs of all major arts disciplines of interest to all segments of the population and are presented on a year-round basis; b. The facilities of the proposed center are capable, in terms of seating capacity, staging, appurtenant production preparation space, auxiliary facilities, sound, lighting and other technical aspects, management, marketing, maintenance support, parking and convenience, of meeting the needs of major State, national and international artists and arts groups and serving New Jersey citizens residing outside the municipal and county boundaries; c. The cultural activities provided are of high quality and merit; and d. Private individuals, businesses, and organizations are participating in the functioning of the center in an effort to promote and develop cooperation between public and private entities in the support of cultural activities. The council shall review, and approve or disapprove, an application within 120 days of receipt. If the council disapproves the application, it shall set forth its reasons in writing to the applicant within 30 days of its determination. The applicant may amend its ordinance or resolution and resubmit an application to the council, subject to the review and approval provisions of this section. L. 1985, c. 410, s. 5.
N.J. Stat. § 52:16A-26.6 Regional cultural center
Upon application by a municipality, two or more contiguous municipalities, or a county, the council shall designate a facility or network of facilities within the applicant's jurisdiction as a regional cultural center under the provisions of this act, if it determines that the plan submitted demonstrates that: a. The variety of cultural activities offered represents a mixture of major arts disciplines through programs of interest to all segments of the population; b. The facilities of the proposed center are capable, in terms of seating capacity, staging, appurtenant production preparation space, auxiliary facilities, sound, lighting and other technical aspects, management, marketing and maintenance support, parking and convenience, of presenting a wide range of artists and arts groups and of serving New Jersey citizens residing outside the municipal boundaries; c. The cultural activities are of high quality and merit; and d. Private individuals, businesses, and organizations are participating in the functioning of the center in an effort to promote and develop cooperation between public and private entities in the support of cultural activities. The council shall review, and approve or disapprove, an application within 120 days of receipt. If the council disapproves the application, it shall set forth its reasons in writing to the applicant within 30 days of its determination. The applicant may amend its ordinance or resolution and resubmit an application to the council, subject to the review and approval provisions of this section. L. 1985, c. 410, s. 6.
N.J. Stat. § 52:16A-26.7 Continued grant eligibility
7. Participation in the cultural activities of a designated State or regional center shall not preclude an organization or individual from being eligible for a grant of fellowships awarded by the council pursuant to P.L. 1966, c.214 (C.52:16A-25 et seq.) nor shall it mandate or influence the awarding of additional grants of fellowships by the council. L.1985,c.410,s.7.
N.J. Stat. § 52:16A-26.8 Eligibility for certain Council on the Arts funding.
1. Notwithstanding any law, rule or regulation to the contrary, the New Jersey State Council on the Arts, created pursuant to P.L.1966, c.214 (C.52:16A-25 et seq.), shall not exclude four-year colleges and universities, fraternal organizations, public and private elementary or secondary schools, or religious organizations from being eligible for funding with monies made available for cultural center development projects from the "New Jersey Green Acres, Cultural Centers and Historic Preservation Bond Act of 1987," P.L.1987, c.265 L.1999,c.219,s.1.
N.J. Stat. § 52:16A-26.10 New Jersey State Council on the Arts, best practice guidelines distribution, arts program for at-risk youth, delinquency.
1. a. The New Jersey State Council on the Arts shall publish on its website and disseminate to any organization in this State that expresses to the council an intent to develop or expand an arts program for youth at risk of juvenile delinquency a guide containing best practices for such programs. Under the best practices guidelines, programs should: (1) recognize that art is a vehicle that can be used to engage youth in activities that will increase their self-esteem; (2) provide for collaborative effort among the artist, social service provider, teacher, agency staff, youth, and family, as appropriate, in delivery of the program; (3) recognize and involve the families of the youth and the communities in which the youth live; (4) include age-appropriate curriculum; (5) emphasize dynamic teaching tactics, such as hands-on learning, apprentice relationships, and the use of technology; (6) to the extent possible, culminate in a public performance or exhibition with a focus on building participants' self-esteem through public recognition; (7) during the planning stage, address program goals, site selection, population, the development of relationships among team members, the methods for youth involvement in planning, curriculum design, transportation, safety, incentives, behavioral requirements, program growth, the balance between arts program and other program objectives, the balance between process and product, student recognition of achievements, and the involvement of families, communities, and volunteers; (8) incorporate an evaluation system early into the program; (9) train teams, collaboratively, that work with youth in team building, communication skills, and organizational skills; (10) train teams in effective methods for working with youth from special populations, including in behavior management, adolescent psychology, and familiarization with the juvenile justice system; (11) train teams in designing a curriculum or involving a trained curriculum specialist; (12) adopt training that is practical, addresses issues identified by team members, incorporates advice from a variety of trainers with expertise in relevant issue areas, provides opportunities for team members to share in successes and failures and engage in peer training, and integrates specialized training into ongoing training sessions whenever possible; (13) require program staff to clearly define program goals and intended outcomes in evaluating an arts program, and to monitor and document program implementation and the service-delivery process; (14) utilize "process evaluations," which examine program implementation and service delivery, to describe and refine a program, measuring the impact on youth and identifying ways to improve a program; (15) employ journals, portfolios, surveys, and artist observations as evaluation measures to determine the effects of arts programs on at-risk youth, incorporating those measures into program activities when possible; (16) document program-specific factors, such as staff ratios, hours of contact, and duration of contact, in process evaluations; (17) account for the impact of individual, family, and community factors on program effectiveness; and (18) incorporate activities that recognize individual efforts and provide opportunities for youth to learn new skills, which activities are designed to reduce the influence of risk factors associated with adolescent problem behaviors, such as low neighborhood attachment, lack of commitment to school, alienation and rebelliousness, and friends who engage in problem behavior. The council shall make periodic revisions to the guide as necessary. b. The council shall provide technical and consultative assistance to any State agency or local government unit requesting such assistance to implement a program adopting the elements listed in subsection a. of this section. The council shall, upon completion or revision, deliver, by electronic or other means, the guide to the Youth Justice Commission and the Division of Child Protection and Permanency in the Department of Children and Families. As used in this subsection, "State agency" means any agency in the Executive branch of State government, including, but not limited to, any department, board, bureau, commission, division, office, council, or instrumentality thereof, or independent agency, public authority or public benefit corporation, and any State college or public institution of higher education. "Local government unit" means a county, municipality, board of education, or county college as defined in section 2 of P.L.1982, c.189 (C.18A:64A-25.2). L.2019, c.115, s.1; amended 2025, c.35, s.60.
N.J. Stat. § 52:16A-26.11 "Artist District."
1. a. In addition to the powers and responsibilities provided under any other law, the New Jersey State Council on the Arts shall establish an "Artist District" designation for a municipality or an area within a municipality. b. The council shall establish criteria required for a municipality or area within a municipality to be designated by the council as an Artist District, including the minimum number of art related services and venues, such as businesses, galleries, museums, organizations, performance halls, studios, theaters, or other facilities, that must be located in the municipality or the area of the municipality. An Artist District may also constitute a concentration of certain types of art, such as dance, film, literature or writing, music, or performing or visual arts, or types of services and venues. c. A municipality may apply to the council for designation as an Artist District or for designation of an area within the municipality as an Artist District. A municipality shall apply to the council for the designation on a standard form created by the council and made available on the council's Internet site. d. After receipt of an application for designation as an Artist District, the council shall, within 60 calendar days, review and approve, approve with conditions, or reject the application. e. The council shall, in consultation with the Division of Travel and Tourism, adopt guidance or standards for an Artist District to advertise, market, or promote itself as a destination for artists and visitors. An Artist District may advertise or otherwise use its designation in accordance with the guidance or standards. L.2019, c.381, s.1.
N.J. Stat. § 52:16A-27 Executive director and other personnel; election of chairman and vice chairman; rules and regulations; hearings; annual report
(a) The council shall employ an executive director and such other personnel as may be deemed necessary to accomplish its objectives within the limit of funds available therefor. (b) The members of the council shall elect annually a chairman and a vice chairman from their number. The executive director shall serve as secretary of the council. The chairman shall be the chief executive officer of the council. The chairman shall preside at all meetings of the council and shall perform such other duties as shall be prescribed by the council. The executive director shall carry out the policies of the council under the direction of the chairman. (c) The council shall adopt rules and regulations concerning the operation of the council, the functions and responsibilities of its officers and employees and such other matters as may be necessary to carry out the purpose of this act. (d) The council shall be authorized and empowered to hold public and private hearings, and, within the limit of funds available therefor, to enter into contracts with individuals, organizations, and institutions for services or endeavors furthering the objectives of the council's programs; to accept gifts, grants and bequests of funds from individuals, foundations, corporations, governmental agencies, and other organizations or institutions; to make and sign any agreements and to do and perform any acts that may be necessary to carry out the purposes of this act. The council may request and shall receive from any department or agency of the State Government such assistance, information, and advice as will enable it to carry out its powers and duties hereunder. (e) The council shall make an annual report to the Governor and the Legislature concerning the status of the arts in New Jersey and such other matters as the council deems desirable. L.1966, c. 214, s. 3.
N.J. Stat. § 52:16A-28 Council as official agency of state
The council shall be the official agency of this State to receive and disburse all funds made available to the State Government by the National Endowment for the Arts or by any successor agency. L.1966, c. 214, s. 4.
N.J. Stat. § 52:16A-29 Short title
This act shall be known and may be cited as the "Public Buildings Arts Inclusion Act." L.1978, c. 117, s. 1.
N.J. Stat. § 52:16A-30 Definitions
For the purposes of this act, except as the context may otherwise clearly require: a. "Public building" means any permanent structure, wholly or partially enclosed, which is intended to provide offices, courtrooms, hearing rooms, auditoriums, meeting rooms, classrooms and other educational facilities, eating or sleeping facilities, medical or dental facilities, transportation terminals, libraries, museums and the like, which are intended for the use or accommodation of the general public or for any category or classification thereof in connection with the furtherance of public law or policy necessarily or incidentally requiring the provision of such accommodations or facilities, together with all its grounds and appurtenant structures and facilities. b. "Fine arts" means sculpture, murals, mosaics, bas reliefs, frescoes, tapestries, monuments, fountains and other ornamentations or displays which are intended to complement the artistic quality and esthetic effect of any buildings or structures in which they are contained or to which they are applied or with which they are connected, even if spacially separated, by their integration into a total architectural design. The term does not include the incidental ornamental detail of functional structural elements or of hardware and other functional accessories unless such ornamental detail is not generally available from the manufacturers or purveyors of such materials and must be specially designed and produced for use in a particular building or related group of buildings. c. "State" means the Government of the State of New Jersey and all departments, bureaus, boards, commissions, agencies and instrumentalities thereof, except political subdivisions (as the same are defined in the "Local Government Supervision Act (1947)" (P.L.1947, c. 151; C. 52:27BB-1 et seq.) and their agencies and instrumentalities. d. "Contracting officer" means the public officer or body responsible for securing the preparation of plans and specifications of a public building for the purpose of negotiating or advertising for bids for the construction of such building. e. "Principal user" means that public officer or employee who will have principal administrative responsibility for the actual utilization of a proposed public building; or, if such officer or employee has not been duly designated, then the public officer, employee, board, commission or other agency or instrumentality which is authorized to make such designation, or a representative thereof authorized or designated thereby to perform the duties and functions provided in this act to be performed by the principal user. f. "Architect" means any architect, engineer or other person licensed or otherwise authorized by or pursuant to law to prepare plans and specifications for a public building. g. "Council" means the New Jersey State Council on the Arts established pursuant to P.L.1966, c. 214 (C. 52:16A-25 et seq.), or any committee or officer thereof as may be from time to time authorized and delegated by the council to perform for it and in its name any of the functions provided for in this act. L.1978, c. 117, s. 2.
N.J. Stat. § 52:16A-31 Fine arts element; inclusion in new public buildings; approval and limitation of expenditures
a. Whenever a new public building is to be constructed at the expense and for the use of the State, the contracting officer shall, together with the architect whom he has engaged, consult with the council regarding the elements of fine arts to be included or incorporated in the design of such building or buildings. b. As a result of such consultations the architect may incorporate the recommendations of the council in the design of such building or buildings. Expenditures for recommendations concerning the inclusion of artistic designs in State buildings shall be approved by the State House Commission. c. The total estimated cost of the fine arts elements included in such plans and specifications for a public building or group of public buildings for the purpose of implementing the design thereof in accordance with the purposes of this act shall not exceed 1 1/2 % of the total estimated cost of the construction of such building or group of buildings. L.1978, c. 117, s. 3.
N.J. Stat. § 52:16A-32 Contracts; criteria for selection of artists; register of competent artists
a. The execution of the fine arts elements determined upon pursuant to section 3 of this act shall be let as a separate contract or contracts. Except as provided in section 5 of this act, the artist or artists who are to execute such fine arts elements shall be selected jointly by the architect and the contracting officer, after consultation with the council and the principal user. b. For the purpose of assisting in the selection of artists the council shall develop criteria which may be employed in the selection process. The council shall also endeavor to establish and maintain a register of competent artists who are citizens and residents of this State, from among whom artists who in the various branches of the fine arts, particularly with reference to artists may be particularly suited for the various types of work likely to be required may be readily identified and selected. c. Contracts for such work shall be negotiated within the limits of the estimated cost as determined pursuant to section 3 of this act. Public competitive bidding shall not be required for any such contract. L.1978, c. 117, s. 4.
N.J. Stat. § 52:16A-33 Selection by public competition
a. Upon the council's review of the elements of fine arts to be incorporated in such structure or group of structures, the council may determine that such selection or selections shall be made by means of public competition. The contract to be let by such competition shall be in fixed amount made public prior to the competition; but no such competition shall be held for the award of a contract of less than $2,500.00. b. The council shall set the terms of the competition, and shall provide that the artist submitting the design most in accord with the architect's intentions and most in keeping with the style and design of the building, and who, from his designs or other materials submitted pursuant to the rules of the competition, appears most able to execute the work in a satisfactory manner, shall be awarded the contract for which the competition is held. c. In any such competition, the council may provide, within the limit of funds appropriated or otherwise made available to it for the purpose, for the award of prizes to competitors other than those awarded contracts as a result of the competition, on the basis of the artistic qualities of their designs. Such prizes may be awarded when, in the judgment of the council, it is necessary or desirable in order to encourage a sufficient number of artists to enter the competition so as to provide an ample field of choice in selecting an artist to be awarded a contract. d. In connection with any competition authorized under this section, the council shall take such steps as are within its power to assure that notice of such competition will be effectively publicized so as to attract competitors; and to that end it is authorized to expend such funds as may be appropriated or otherwise made available to it for that purpose. e. No expenditure authorized under subsection c. or d. of this section shall be made from or charged to the 1 1/2 % allowance provided for in section 3 of this act. L.1978, c. 117, s. 5.
N.J. Stat. § 52:16A-34 Consultation by council with relevant arts institutions and organizations
The council, in making recommendations or suggestions to a public body or officer pursuant to the duties imposed upon it under sections 3 and 4 of this act, or in arranging, conducting or judging a competition pursuant to section 5 of this act, shall before doing so consult thereon with officers or other appropriate representatives of relevant arts institutions and organizations in New Jersey, such as museums, societies and associations of artists and architects, schools of art and architecture, and such other organizations, associations or institutions as may be appropriate to the matter under consideration, including the major nonprofit public or private museums in the State whose collections encompass the fine arts. L.1978, c. 117, s. 7.
N.J. Stat. § 52:16A-35 Commercial recording division; establishment
There is established in the Department of State a division which shall be known as the Division of Commercial Recording. L.1982, c. 150, s. 1, eff. Oct. 13, 1982.
N.J. Stat. § 52:16A-36 Director; personnel; transfer of powers and functions of bureau of commercial recording
a. The Division of Commercial Recording shall be under the immediate supervision of a director who shall administer the work of the division under the direction of the Secretary of State. b. There shall be such deputy directors and assistant directors as are necessary to administer the Division of Commercial Recording as the Secretary of State may prescribe. c. All functions, powers and duties of the Bureau of Commercial Recording in the Department of State are transferred to the Division of Commercial Recording in the Department of State and, except as otherwise provided in this act, the provisions of the "State Agency Transfer Act," P.L.1971, c. 375 (C. 52:14D-1 et seq.) shall apply to the transfer. d. Such employees of the Bureau of Commercial Recording, as the Secretary of State may determine are needed for the proper performance of the functions and duties imposed upon the Division of Commercial Recording, are hereby transferred to the Division of Commercial Recording. Persons thus transferred shall be assigned to such duties as the Secretary of State determines. L.1982, c. 150, s. 2, eff. Oct. 13, 1982.
N.J. Stat. § 52:16A-37 Telephone service
In addition to continuing to perform all the functions, duties and responsibilities performed by the Division of Commercial Recording, the Division of Commercial Recording shall provide information by telephone to any person who makes a telephone request for the following information: a. The availability of a corporate name under N.J.S. 14A:2-2; b. Whether or not a corporation's certificate of incorporation or authority has been voided or revoked; c. The name and address of the registered agent of a corporation; d. The date of incorporation of a domestic corporation or the date of qualification of a foreign corporation; e. The name and address of a corporation which has filed an alternate name certificate pursuant to N.J.S. 14A:2-2.1; and f. Any other information contained in documents filed with the Secretary of State, which, in the discretion of the Secretary, is readily available. The Secretary of State shall confirm in writing any of the information provided by telephone if the person so requests. L. 1982, c. 150, s. 3; amended 1988,c.95,s.1.
N.J. Stat. § 52:16A-38 Expedited over the counter corporate service.
4. a. The Division of Commercial Recording shall provide for and establish an expedited over the counter corporate service. The processing of requests and information and documents shall be a priority same day service, with options for one hour service and two hour service effected in a fast and efficient manner. b. The Division of Commercial Recording shall provide expedited over the counter corporate service for the following requests: (1) Any information contained in the annual report of a corporation; (2) A certificate of standing; (3) A certified or uncertified copy of any document filed with the Division of Commercial Recording; (4) A certificate as to the existence or nonexistence of any facts on record with the Division of Commercial Recording; (5) The availability of a corporate name under N.J.S.14A:2-2; (6) Filing a certificate of incorporation; (7) Whether or not a corporation's certificate of incorporation or authority has been voided or revoked; (8) The name and address of the registered agent of a corporation; (9) The date of incorporation of a domestic corporation or the date of qualification of a foreign corporation; (10) The name and address of a corporation which has filed an alternate name certificate pursuant to N.J.S.14A:2-2.1; (11) A financing statement filing (UCC-1) pursuant to N.J.S. 12A:9- 501 et seq.; (12) A change of record filing (UCC-3) pursuant to N.J.S.12A:9-501 et seq.; (13) A request for information or copies of filed financing statements (UCC-11) pursuant to N.J.S.12A:9-501 et seq.; (14) Any other information contained in the documents filed with the Division of Commercial Recording, which in the discretion of the Secretary of State is readily available; (15) Filing a certificate of merger; (16) Filing a certificate of amendment; and (17) Any other filing which the Secretary of State agrees to accept. c. The processing of expedited over the counter corporate service requests shall include one hour and two hour service options and shall include a fee schedule, established by regulation by the State Treasurer, commensurate with the various services available pursuant to subsection b. of this section and the various time frames provided by regulation. L.1982, c.150, s.4; amended 1988, c.95, s.2; 2001, c.117, s.30; 2009, c.177, s.1.
N.J. Stat. § 52:16A-39 Payment for services; prepaid deposit account
The Secretary of State shall provide for the establishment and administration of a method of payment by any person for telephone and expedited over the counter corporate services. Such method may include prepaid deposit accounts. L.1982, c. 150, s. 5, eff. Oct. 13, 1982.
N.J. Stat. § 52:16A-40 Additional fees.
6. The State Treasurer shall charge a fee for use of telephone and expedited over the counter corporate services, which shall be in addition to the fee for the service provided by law. The statutory fee and the additional fee shall be paid by the person requesting the information and documents by the method of payment as established by the State Treasurer. L.1982, c.150, s.6; amended 1992, c.124, s.1; 2002, c.34, s.39; 2009, c.177, s.2.
N.J. Stat. § 52:16A-41 Rules, regulations; data processing service fees.
7. The State Treasurer may promulgate rules and regulations necessary to establish guidelines for the use of telephone and expedited over the counter corporate services, including one hour and two hour service options, and the use of electronic data processing for direct access to the information provided under this act by persons so authorized and for the method of payment for the use of telephone and expedited over the counter corporate services. The State Treasurer shall establish fees for electronic data processing services which cover the cost of those services. L.1982, c.150, s.7; amended 2002, c.34, s.40; 2009, c.177, s.3.
N.J. Stat. § 52:16A-42 Additional fees dedicated and pledged
8. a. There is created a fund held by the State Treasurer, but not to exist in the State Treasury, to be the repository for additional fees for electronic data processing, telephone and expedited over the counter corporate services charged to persons pursuant to this act. b. In each fiscal year the additional fees shall be held in the fund and disbursed in such amounts as may be requested by the Secretary of State, to meet the costs of: (1) the timely and efficient filing of all documents filed with the division; (2) the maintenance in an accurate and available form of information contained in all documents filed with the division; and (3) the operation of the services provided by the division. c. The additional fees are dedicated and pledged to those uses and purposes. L.1982,c.150,s.8; amended 1992,c.124,s.2.
N.J. Stat. § 52:16A-53 New Jersey Commission on American Indian Affairs; members.
1. There is established in the Department of State the New Jersey Commission on American Indian Affairs. The commission shall consist of nine members: the Secretary of State, serving ex officio, and eight public members, not more than four of whom shall be from the same political party. Two of the public members shall be members of the Nanticoke Lenni Lenape Indians, to be appointed by the Governor on the recommendation of the Confederation of the Nanticoke Lenni Lenape Tribes and with the advice and consent of the Senate. Two of the public members shall be members of the Ramapough Mountain Indians, to be appointed by the Governor on the recommendation of the Ramapough Mountain Indians and with the advice and consent of the Senate. Two of the public members shall be members of the Powhatan Renape Nation, to be appointed by the Governor on the recommendation of the Powhatan Renape Nation and with the advice and consent of the Senate. Two of the public members shall be members of the Intertribal People, to be appointed by the Governor on the recommendation of the Intertribal People and with the advice and consent of the Senate. "Intertribal People" means American Indians who reside in New Jersey and are not members of the Nanticoke Lenni Lenape Indians, the Ramapough Mountain Indians, or the Powhatan Renape Nation, but are enrolled members of another tribe recognized by another state or the federal government. L.1995,c.295,s.1; amended 2001, c.417, s.2.
N.J. Stat. § 52:16A-54 Terms; vacancies
2. Each public member shall serve for a term of two years, except that of the members first appointed, four shall serve for a term of one year and four shall serve for a term of two years. Public members shall be eligible for reappointment and shall serve until their successors are appointed and qualified. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment was made but for the unexpired term only. Commission members shall serve without compensation but shall be entitled to reimbursement for all necessary expenses incurred in the performance of their duties. L.1995,c.295,s.2.
N.J. Stat. § 52:16A-55 Election of chairperson.
3. The commission shall organize as soon as may be practicable after the appointment of its members and shall elect a chairperson from among its public members, who may serve as the chairperson for the duration of his or her term on the commission, and may appoint a secretary who need not be a member of the commission. The commission shall meet at least once every three months and upon the call of the chairperson or of a majority of its members. The presence of a majority of the membership of the commission shall be required for the conduct of official business. L.1995,c.295,s.3; amended 2001, c.417, s.3.
N.J. Stat. § 52:16A-56 Commission duties.
4. The commission shall: a. develop programs and projects relating to the cultural, educational and social development of New Jersey's American Indian communities; b. develop programs and projects which further understanding of New Jersey's American Indian history and culture; c. promote increased cooperation among all American Indian communities in the State; d. serve as a Statewide reference and resource center to increase public knowledge of New Jersey's American Indian heritage; e. act as a liaison among American Indian communities, the State and federal governments, and educational, social and cultural institutions; f. be authorized to raise funds, through direct solicitation or other fund raising events, alone or with other groups, and accept gifts, grants and bequests from individuals, corporations, foundations, governmental agencies, public and private organizations and institutions, to defray the commission's administrative expenses and carry out the purposes of P.L.1995, c.295 (C.52:16A-53 et seq.), as amended and supplemented; and g. when requested by the Governor, assist the Legislature and Governor to investigate the authenticity of any organization, tribe, nation or other group seeking official recognition by the State as an American Indian tribe and submit a report of its findings to the Legislature and Governor within 180 days of the completion of an investigation. Nothing in this subsection shall be construed as authorizing the commission to recognize the authenticity of any organization, tribe, nation or other group as an American Indian tribe, which recognition shall require specific statutory authorization, nor shall this subsection be construed as in any way limiting the scope of information that may be considered in determining whether to grant such statutory recognition. L.1995,c.295,s.4; amended 2001, c.417, s.4.
N.J. Stat. § 52:16A-57 Expenses incurred.
5. The commission may incur such traveling and other miscellaneous expenses, including expenses to maintain an office on State property, as it deems necessary in order to perform its duties and as may be within the limits of funds appropriated or otherwise made available to it for those purposes. L.1995,c.295,s.5; amended 2001, c.417, s.5.
N.J. Stat. § 52:16A-58 Authority of commission.
6. The commission shall be authorized to: a. call to its assistance and avail itself of the services and assistance of such officials and employees of the State and its political subdivisions and their departments, boards, bureaus, commissions, authorities and agencies, as it may require and as may be available to it for its purposes; b. utilize existing staff from the Department of State until such time as it may be necessary to employ professional staff, including an executive director and stenographic and clerical assistants; and c. expend any funds that may be appropriated or otherwise made available to it for its purposes. Professional staff, including stenographic and clerical assistants, may be permitted to serve the commission on a volunteer basis. To the extent possible, the commission shall be permitted to use property owned by the State, without charge or at a minimal fee, for its offices. The commission shall submit a spending plan to the Secretary of State for review and approval no later than October 1 of each year that lists the sources of all funds raised and actual expenses during the previous State fiscal year and the commission's projected revenues and expenditures during the State fiscal year in which the plan is submitted. L.1995,c.295,s.6; amended 2001, c.417, s.6.
N.J. Stat. § 52:16A-59 Annual report
7. The commission shall submit an annual report on its activities to the Governor and the Legislature. L.1995,c.295,s.7.
N.J. Stat. § 52:16A-72 Short title
1. This act shall be known and may be cited as the "New Jersey Cultural Trust Act." L.2000,c.76,s.1.
N.J. Stat. § 52:16A-73 Findings, declarations relative to the New Jersey Cultural Trust
2. The Legislature finds and declares that: a. Arts, history, and humanities contribute immeasurably to the quality of life in New Jersey, to the tourism industry and the economy, to the health and vitality of our cities, towns, and neighborhoods, to sound education, to the teaching of tolerance and understanding, and to the celebration of our rich cultural diversity and identity. b. Hundreds of nonprofit cultural organizations in this State play an invaluable role in ensuring that the benefits of the arts, history, and humanities are extended to the people and communities of New Jersey. c. These nonprofit cultural organizations work diligently and responsibly to carry out their vital missions. However, as a whole, they are undercapitalized, which makes them vulnerable to economic downturns. Therefore, in order to ensure a stable and healthy cultural climate in this State that is sustainable for years to come and under fluctuating economic conditions, the Legislature hereby creates the New Jersey Cultural Trust and directs the establishment of a permanent, interest-generating fund to be an additional source of revenue to nonprofit arts, history, and humanities organizations, specifically for the building of endowments, the improvement of institutional and financial stability, and the capital improvement of cultural facilities. L.2000,c.76,s.2.
N.J. Stat. § 52:16A-74 Definitions relative to the New Jersey Cultural Trust
3. The following words or terms as used in this act shall have the following meaning, unless a different meaning clearly appears from the context: "Account" means the New Jersey Cultural Trust Account in the General Fund established by section 8 of this act. "Board" means the Board of Trustees established by section 5 of this act. "Capital facilities projects" means those projects in New Jersey of a qualified organization that construct, expand, renovate, plan for, repair, rehabilitate, restore, adaptively re-use, purchase, effectuate long-term leaseholds on, replace, relocate, or otherwise improve cultural or historical property and facilities, including any work relating to providing access thereto for persons with disabilities. The term includes the acquisition of an interest in real property and includes the repair and replacement of fixtures. "Commission" means the New Jersey Historical Commission established pursuant to N.J.S.18A:73-21 et seq. "Council" means the New Jersey State Council on the Arts established pursuant to P.L.1966, c. 214 (C.52:16A-25 et seq.). "Cultural Trust" means the New Jersey Cultural Trust established by section 4 of this act. "Endowment" means a permanent fund, the principal of which is to remain intact in perpetuity and which is invested and held by or for the exclusive use of a qualified organization, and the income of which may be expended by the qualified organization for purposes consistent with its mission. "Financial stabilization" means those enhancements to a qualified organization that build assets, reduce liabilities, aid cash flow, establish working capital and capital reserves, expand income, improve public access, build institutional capability and efficiency, or otherwise effect long-term improvement of a qualified organization's financial ability to sustain itself and carry out its mission. "Fiscal plan" means a document or documents detailing the policies, functions, workings, and strategies of the Cultural Trust for its operation in carrying out the purposes of this act, including all those applicable to the solicitation and receipt of public funds and private donations, the investment of the Trust Fund, and the distribution of funds. "Historic Trust" means the New Jersey Historic Trust established pursuant to P.L.1967, c.124 (C.13:1B-15.111 et seq.). "Performing, visual and creative arts" means performing and creative arts as defined in section 2 of P.L.1966, c.214 (C.52:16A-26). "Preservation" means the stabilization, planning, repair, rehabilitation, renovation, restoration, improvement, or protection of any historic property, structure, facility, or site of a qualified organization, and includes any work related to providing access thereto for persons with disabilities. "Project list" means a compilation of projects, their purposes, and amounts recommended for receipt of Cultural Trust moneys by the Council, Historic Trust, or Commission. "Qualified organization" means a tax-exempt, nonprofit organization whose primary mission is to promote the performing, visual and creative arts in New Jersey or to promote or preserve history and humanities in New Jersey. The term shall not include private, State, county, or municipal colleges, and universities. The term shall not include State, county, or local governmental units, authorities or corporations created by such units, and shall not include a "qualifying governmental body" as defined in section 2 of P.L.1985, c.410 (C.52:16A-26.2). "Trust Fund" means the permanent investment fund established by the Board of Trustees of the Cultural Trust as provided in section 8 of this act. L.2000,c.76,s.3.
N.J. Stat. § 52:16A-75 "New Jersey Cultural Trust"
4. There is hereby established in but not of the Department of State a public body corporate and politic with corporate succession, to be known as the "New Jersey Cultural Trust." For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Cultural Trust is hereby allocated within the Department of State, but notwithstanding that allocation, the Cultural Trust shall be independent of any supervision or control by that department or by any board or officer thereof, except as provided in this act. The Cultural Trust is hereby constituted as an instrumentality of the State exercising public and essential governmental functions, no part of whose revenues shall accrue to the benefit of any individual, and the exercise by the Cultural Trust of the powers conferred by this act shall be deemed and held to be an essential governmental function of the State. The statutory goals of the Cultural Trust shall include the support of the arts, history, and humanities by assisting in the funding of capital facilities projects and endowment development, and contributing to the institutional and financial stability of qualified organizations in New Jersey. Board members and staff of the Cultural Trust may also engage in fundraising activities to effectuate the purposes of this act. L.2000,c.76,s.4.
N.J. Stat. § 52:16A-76 Board of Trustees
5. a. The general responsibility for the proper oversight of the Cultural Trust shall be vested in a Board of Trustees, which shall possess the powers and duties specified in this act. The board shall consist of 15 voting members. b. The Secretary of State, or a designee, the State Treasurer, or a designee, the chair of the New Jersey State Council on the Arts, or a designee, the chair of the New Jersey Historic Trust, or a designee, and the chair of the New Jersey Historical Commission, or a designee, shall serve as ex-officio members of the board. c. Two public members, who are not of the same political party, shall be appointed by the Governor upon the recommendation of the President of the Senate, and two public members, who are not of the same political party, shall be appointed by the Governor upon the recommendation of the Speaker of the General Assembly. These public members shall serve for terms coextensive with the legislative term in which they are appointed, subject to reappointment after the expiration of the legislative term. d. Six public members shall be appointed by the Governor with the advice and consent of the Senate. The term of office of each public member appointed pursuant to this subsection shall be five years, except for the initial appointments, which shall be made as follows: two members shall be appointed for a three-year term, two members shall be appointed for a four-year term, and two members shall be appointed for a five-year term. e. No public member of the board appointed under subsections c. and d. of this section shall serve concurrently on the New Jersey Historical Commission, New Jersey State Council on the Arts, or the board of the New Jersey Historic Trust. f. The Governor, for cause, upon notice and opportunity to be heard, may remove a public member of the board. A vacancy occurring among any of the public members, other than by expiration of term, shall be filled for the balance of the unexpired term only and in the same manner as the original appointment. A member may serve until a successor is appointed and has qualified. No person appointed pursuant to subsection d. of this section shall serve for more than two successive terms, provided, however, that any person appointed to fill a vacancy shall be eligible for two successive terms excluding the unexpired term. g. The public members of the board shall serve without compensation, but shall be entitled to reimbursement for all actual and necessary expenses incurred in the performance of their duties. h. Annually, at the first meeting of the board held in each State fiscal year, the members of the board shall elect one of the public members to serve as chair of the board. Under regulations adopted by the board, the board may establish an executive committee composed of no fewer than three board members, which committee may exercise powers vested in and perform duties imposed upon the board to the extent designated and permitted by the board. The board may establish such advisory boards and committees as it may deem advisable. i. Members and employees of the board shall be subject to the provisions of the "New Jersey Conflicts of Interest Law," P.L.1971, c.182 (C.52:13D-12 et seq.). j. A majority of the authorized membership of the board shall constitute a quorum for all purposes provided, however, that at least one member of the quorum is a member pursuant to subsection b. of this section or a designee of that member. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the powers and perform the duties of the board. k. A true copy of the minutes of every meeting of the board or the executive committee shall be delivered promptly, after the certification of the chair thereof, to the Governor. No action taken at a meeting by the board or the executive committee shall have effect until approved by the Governor or until 10 days after the copy of the minutes shall have been delivered. If, within the 10-day period, the Governor returns the copy of the minutes with a veto of any action taken by the board or the executive committee or any member thereof at a meeting, such action shall be null and void and of no effect. The Governor may approve all or part of the action taken at a meeting prior to the expiration of the 10-day period. l. Any dissolution of the Cultural Trust shall be on the condition that the Cultural Trust has no debts, contractual duties or obligations outstanding, or that provision has been made for the payment, discharge, or retirement of any debts, contractual duties or obligations. Upon any dissolution of the Cultural Trust, all property, rights, funds, and assets thereof shall pass to and become vested in the State, and all moneys shall be used expressly for carrying out the purposes of this act. m. The board shall receive from the Attorney General of the State all legal counsel and services necessary to carry out the purposes of the Cultural Trust. L.2000,c.76,s.5.
N.J. Stat. § 52:16A-77 Authority, powers of board
6. The board is hereby authorized and empowered: a. Notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, to adopt, immediately upon filing with the Office of Administrative Law, such regulations as the board deems necessary to implement the provisions of this act, which regulations shall be effective for a period not to exceed 180 days from the date of the filing. Such regulations may thereafter be amended, adopted or readopted by the board as necessary in accordance with the requirements of P.L.1968, c.410. However, the board shall not have the power to design or specify the project lists of the Council, the Historic Trust, and the Commission provided for in sections 10, 11, and 12 of this act. These rights shall be held exclusively by the Council, the Historic Trust and the Commission, respectively; b. To solicit, receive, and accept appropriations, gifts, donations, legacies, bequests, and endowments from public or private sources for any purpose which falls within the purposes of the Cultural Trust. The Cultural Trust may not acquire, hold, receive, or accept any moneys or other property, real or personal, tangible or intangible, which will result in the incurrence of any financial obligations on the part of the State that cannot be supported entirely from funds available in the Trust Fund without the express approval of the State Treasurer in consultation with the Secretary of State; c. To apply all moneys, assets, property, or other things of value it may receive as an incident to its operation to the general purpose of the Cultural Trust; d. To cooperate with and assist and receive assistance from, insofar as practicable, any agency of the State or any of its political subdivisions, and any private agency or person in the furtherance of the purposes of this act or of the Cultural Trust; e. To evaluate and certify any and all donations made to the Cultural Trust or a qualified organization for purposes of the transfer of moneys from the Account to the Trust Fund pursuant to section 9 of this act; f. To accept or reject any recommendation on a project list submitted solely by the Council, the Historic Trust, or the Commission that will support the financing of capital facilities projects or endowments, or contribute to the institutional and financial stability of qualified organizations. The board as a whole or any of its members may not recommend any project for funding that has not either received a restricted donation as set forth in section 9 of this act or been recommended for funding by the Council, the Historic Trust, or the Commission on a project list submitted pursuant to section 10, 11 or 12 of this act; g. To consult with the Director of the Division of Investments in the Department of the Treasury and the State Treasurer regarding the investment strategies for the moneys in the Trust Fund established by the board pursuant to section 8 of this act; h. To make and enter into any and all contracts and agreements for goods and services and to enter into any and all contracts and agreements or to execute any instrument with individuals, organizations, institutions, or public agencies for services or endeavors furthering the Cultural Trust; i. To determine the portion of the interest generated by moneys in the Trust Fund that will be made available for distribution to qualified organizations, and to distribute these moneys as necessary and appropriate pursuant to sections 10, 11 and 12 of this act; j. To prepare and implement a fiscal plan for the Cultural Trust; k. To prepare and submit an annual funding request for an appropriation from the General Fund for the operational and administrative costs of the board and the Cultural Trust 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 moneys derived from such sources and funds as are appropriated by the Legislature to implement the provisions of this act; l. To hire and employ such employees, in consultation with the Secretary of State, as may be necessary or desirable in its judgment to carry out the purposes of this act, to fix their compensation, and to promote and discharge said employees, without regard to the provisions of Title 11A of the Revised Statutes; m. To sue and be sued in its own name, but the board members shall be held harmless for acts performed in good faith; n. To adopt a seal and alter the same at its pleasure; o. To maintain an office or offices at such a place or places within the State as the Secretary of State may designate; p. To sell, convert, assign, develop, or otherwise dispose of any and all necessary assets or property donated to the Cultural Trust, as needed, for the purposes of this act. Any moneys gained by the sale of these assets or property shall be deposited into the Trust Fund; q. To develop in its regulations a process for appealing a decision by the board; and r. To do all acts and things necessary, incidental, convenient, or desirable to carry out the powers granted in this act. L.2000,c.76,s.6.
N.J. Stat. § 52:16A-78 Annual report on activities of the Cultural Trust
7. On or before the first day of October in each year, commencing with the calendar year after the date of enactment of this act, the board shall submit an annual report of the activities of the Cultural Trust for the preceding State fiscal year to the Governor and to the Legislature. The annual report shall set forth a complete operating and financial statement covering the operations of the Cultural Trust during the year, a long-range fiscal plan for the next five years, and a more specific short-range fiscal plan for the fiscal year in which the annual report is delivered with respect to providing the funding necessary to achieve the goals and objectives of this act, and a summary of the progress made to date on achieving those goals and objectives. The board shall cause an audit of its records and accounts to be made at least once in each year by independent certified public accountants, and the cost thereof shall be considered an expense of the Cultural Trust and a copy thereof shall be filed with the Director of the Division of Budget and Accounting. L.2000,c.76,s.7.
N.J. Stat. § 52:16A-79 "New Jersey Cultural Trust Account;" "New Jersey Cultural Trust Fund"
8. a. There is established in the General Fund a special, dedicated, non-lapsing account to be known as the "New Jersey Cultural Trust Account." The State Treasurer shall credit to the Account in each State fiscal year beginning in State fiscal year 2001 through and including State fiscal year 2010 an amount not less than $10,000,000. The amount credited to the Account shall be subject to annual State appropriation and shall be appropriated only for the purposes set forth in this act. b. (1) The board shall establish a permanent, interest-bearing investment trust fund to be known as the "New Jersey Cultural Trust Fund," into which public funds and private donations and transfers from the Account shall be deposited and from which matching funds for large gift donations may be disbursed for endowments and from which interest income may be distributed, as provided in this act. (2) Moneys deposited in the Trust Fund shall be held in investment accounts in public depositories as defined pursuant to section 1 of P.L.1970, c.236 (C.17:9-41), and shall be invested or reinvested in a manner approved by the Director of the Division of Investment and the State Treasurer in consultation with the board. Interest or other income earned on moneys deposited in the Trust Fund, and any moneys which may otherwise become available for the purposes of the Cultural Trust, shall be for the use of the Cultural Trust, as set forth in this act. c. (1) For State fiscal year 2001 through and including State fiscal year 2010, the State Treasurer shall transfer money from the Account to the Trust Fund based upon donations to the Cultural Trust and to qualified organizations, as determined in section 9 of this act. The State Treasurer shall transfer to the Trust Fund an amount equal to the amount of the donations, subject to the availability of moneys in the Account. (2) None of the interest derived from the moneys held in the Trust Fund shall be disbursed to qualified organizations by the board until the Trust Fund has received donations and transfers totaling not less than $20,000,000, or one year from the effective date of this act, whichever occurs later. However, nothing in this paragraph shall prohibit the board from disbursing moneys from the Trust Fund pursuant to section 9 of this act prior to the Trust Fund reaching $20,000,000. (3) The disbursement from the Trust Fund to a qualified organization receiving a large gift donation as provided in paragraph (2) of subsection b. of section 9 of this act shall be made by resolution adopted by a majority of the authorized membership of the board specifying the particular endowment or endowments to be funded by those moneys. However, the aggregate of such disbursements shall not exceed 20 percent of the amount in the Trust Fund in any one fiscal year. (4) The portion of interest moneys generated from the Trust Fund, and determined available for disbursement by the board, shall be allocated as follows: 50 percent to the Council's recommendations; 25 percent to the Historic Trust's recommendations; and 25 percent to the Commission's recommendations. Of the portion of interest moneys generated from the Trust Fund and determined available for disbursement by the board, at least 25 percent shall be allocated to projects of qualified organizations that directly benefit the residents of Southern New Jersey. (5) An affirmative vote by 10 or more members of the board may alter the allocation to the Council, Historic Trust, and Commission, but not the allocation to projects of qualified organizations that directly benefit the residents of Southern New Jersey, of the portion of interest moneys generated, as identified in paragraph (4) of this subsection, for a period of one State fiscal year. Upon the completion of that fiscal year, the allocation shall revert back to the percentages enumerated in paragraph (4) of this subsection. (6) All property of the Cultural Trust is declared to be public property devoted to an essential public and governmental function and purpose, and the Cultural Trust shall be exempt from all taxes and special assessments of the State or any political subdivision thereof. (7) For the purposes of efficiency and convenience, nothing in this act shall prohibit the board from combining the project lists, in whole or in part, of the Council, the Historic Trust, or the Commission into one proposed resolution to be considered by the board. (8) To the extent moneys are or may become available as a result of project withdrawals, cancellations, lack of funding, or other such financial matters, the unexpended balances of the amounts disbursed shall revert to the Trust Fund. d. In the event that any donation or donations exceed the amount credited to the Account in any given State fiscal year, the credit for the donation or donations may be carried forward and used to transfer moneys into the Trust Fund, subject to annual State appropriation to the Account. e. If the Cultural Trust does not receive annual donations equaling the amount annually credited to the Account, the State Treasurer shall carry forward in the Account all remaining appropriations, for each State fiscal year. The State Treasurer shall transfer any carried forward funds in the Account to the Trust Fund should sufficient donations be made to warrant the transfer of these funds pursuant to section 9 of this act. L.2000,c.76,s.8.
N.J. Stat. § 52:16A-80 Donations to Cultural Trust, matching State appropriation
9. Donations to the Cultural Trust shall initiate the transfer of a dollar-for-dollar match of State appropriated moneys from the Account into the Trust Fund. For the purposes of this act, a donation shall be: a. an unrestricted donation which is money, property or other object of value given directly to the Cultural Trust but not dedicated for use by a specific qualified organization. Once an unrestricted donation has been certified by the board to the Trust Fund, the State Treasurer shall transfer from the Account to the Trust Fund an amount equal to the unrestricted donation. b. (1) a restricted donation which is money, property, or other object with monetary value given directly to a qualified organization that is expressly dedicated for endowment. The State Treasurer shall transfer from the Account to the Trust Fund an amount equal to the restricted donation once (a) the board approves a letter of donation or intent to donate, designating the amount of the donation and the name of the financial institution from which the moneys were allocated, with the account number, or a certified appraisal, deed, or other appropriate documentation in the case of property, (b) the board is provided with the name of the qualified organization to which the donation was made and a certification from that qualified organization that the donation was in fact received by the qualified organization, and (c) the board determines and certifies to the State Treasurer that the donation is consistent with the purposes of this act. A restricted donation given directly to a qualified organization on or after January 1, 2000 but before the effective date of this act may be considered a restricted donation for the purposes of this act and shall result in a transfer from the Account to the Trust Fund at such time as may be appropriate provided the requirements of this act are met. (2) When a restricted donation is equal to or greater than $100,000, the donation shall be considered a large gift donation and the board shall disburse to the qualified organization receiving the donation from the matched funds transferred from the Account to the Trust Fund an amount equal to 20 percent of the donation pursuant to the procedure set forth in paragraph (3) of subsection c. of section 8 of this act. L.2000,c.76,s.9.
N.J. Stat. § 52:16A-81 Council's recommendations for funding
10. At least once each State fiscal year after the board has determined that sufficient interest has accrued to provide grants to qualified organizations, the Council shall submit to the board a list of capital facilities, endowment, and financial stabilization projects which the Council recommends to receive funding from the Trust Fund, based upon a priority system, ranking criteria, and funding policies established by the Council pursuant to this act and P.L.1966, c.214 (C.52:16A-25 et seq.) and any rules or regulations adopted pursuant thereto. The board shall review the list and may make such deletions, but not additions, of projects therefrom as it deems appropriate and in accordance with the procedures established by the board for such deletions pursuant to this act, whereupon the board shall approve the list. This approved project list shall receive moneys from the Cultural Trust for the purposes of effectuating this act. L.2000,c.76,s.10.
N.J. Stat. § 52:16A-82 Historic Trust's recommendations for funding
11. At least once each State fiscal year after the board has determined that sufficient interest has accrued to provide grants to qualified organizations, the Historic Trust shall submit to the board a list of capital facilities projects that the Historic Trust recommends to receive funding from the Trust Fund, based upon a priority system, ranking criteria, and funding policies established by the Historic Trust pursuant to this act and P.L.1967, c.124 (C.13:1B-15.111 et seq.), and any rules or regulations adopted pursuant thereto. The board shall review the list and may make such deletions, but not additions, of projects therefrom as it deems appropriate and in accordance with the procedures established by the board for such deletions pursuant to this act, whereupon the board shall approve the list. This approved project list shall receive moneys from the Cultural Trust for the purposes of effectuating this act. L.2000,c.76,s.11.
N.J. Stat. § 52:16A-83 Commission's recommendations for funding
12. At least once each State fiscal year after the board has determined that sufficient interest has accrued to provide grants to qualified organizations, the Commission shall submit to the board a list of endowment and financial stabilization projects that the Commission recommends to receive funding from the Trust Fund, based upon a priority system, ranking criteria, and funding policies established by the Commission pursuant to this act and N.J.S.18A:73-21 et seq. any rules or regulations adopted pursuant thereto. The board shall review the list and may make such deletions, but not additions, of projects therefrom as it deems appropriate and in accordance with the procedures established by the board for such deletions pursuant to this act, whereupon the board shall approve the list. This approved project list shall receive moneys from the Cultural Trust for the purposes of effectuating this act. L.2000,c.76,s.12.
N.J. Stat. § 52:16A-84 Obligations of recipients
13. a. All qualified organizations receiving moneys from the Cultural Trust pursuant to this act shall enter into an agreement with the board, which shall provide for monitoring the allocation and use of moneys to ensure that such moneys are held and used consistent with the purposes of this act. b. As determined by the board, the qualified organizations in receipt of moneys from the Trust Fund shall report to the board on its activities, financial status, and use of the moneys disbursed to it by the board. L.2000,c.76,s.13.
N.J. Stat. § 52:16A-85 Regulations, annual funding request
14. a. Notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the Council, the Historic Trust, and the Commission may adopt, immediately upon filing with the Office of Administrative Law, such regulations as the Council, the Historic Trust, and the Commission deem necessary to implement the provisions of this act which regulations shall be effective for a period not to exceed 180 days from the date of the filing. Such regulations may thereafter be amended, adopted or readopted by the Council, the Historic Trust, and the Commission as necessary in accordance with the requirements of P.L.1968, c.410. b. The Council, the Historic Trust, and the Commission shall prepare and submit an annual funding request to the Governor through the Department of State and the Division of Budget and Accounting in the Department of the Treasury to carry out the purposes of this act. L.2000,c.76,s.14.
N.J. Stat. § 52:16A-86 Findings, declarations relative to Amistad Commission.
1. The Legislature finds and declares that: a. During the period beginning late in the 15th century through the 19th century, millions of persons of African origin were enslaved and brought to the Western Hemisphere, including the United States of America; anywhere from between 20 to 50 percent of enslaved Africans died during their journey to the Western Hemisphere; the enslavement of Africans and their descendants was part of a concerted effort of physical and psychological terrorism that deprived groups of people of African descent the opportunity to preserve many of their social, religious, political and other customs; the vestiges of slavery in this country continued with the legalization of second class citizenship status for African-Americans through Jim Crow laws, segregation and other similar practices; the legacy of slavery has pervaded the fabric of our society; and in spite of these events there are endless examples of the triumphs of African-Americans and their significant contributions to the development of this country; b. All people should know of and remember the human carnage and dehumanizing atrocities committed during the period of the African slave trade and slavery in America and of the vestiges of slavery in this country; and it is in fact vital to educate our citizens on these events, the legacy of slavery, the sad history of racism in this country, and on the principles of human rights and dignity in a civilized society; c. It is the policy of the State of New Jersey that the history of the African slave trade, slavery in America, the depth of their impact in our society, and the triumphs of African-Americans and their significant contributions to the development of this country is the proper concern of all people, particularly students enrolled in the schools of the State of New Jersey; and d. It is therefore desirable to create a State-level commission, which as an organized body, on a continuous basis, will survey, design, encourage, and promote the implementation of education and awareness programs in New Jersey concerned with the African slave trade, slavery in America, the vestiges of slavery in this country, and the contributions of African-Americans in building our country; to develop workshops, institutes, seminars, and other teacher training activities designed to educate teachers on this subject matter; and which will be responsible for the coordination of events on a regular basis, throughout the State, that provide appropriate memorialization of the events concerning the enslavement of Africans and their descendants in America as well as their struggle for freedom and liberty. L.2002,c.75,s.1.
N.J. Stat. § 52:16A-86.1 Definition of "African American".
2. As used in P.L.2002, c.75 (C.52:16A-86 et seq.) and P.L.2020, c.151 (C.52:16A-86.1 et al.), "African American" means all people of African descent in the United States. L.2020, c.153, s.2.
N.J. Stat. § 52:16A-87 Amistad Commission established.
2. a. The Amistad Commission, so named in honor of the group of enslaved Africans led by Joseph Cinque who, while being transported in 1839 on a vessel named the Amistad, gained their freedom after overthrowing the crew and eventually having their case successfully argued before the United States Supreme Court, is created and established in the Executive Branch of the State Government. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated in but not of the Department of Education, but notwithstanding this allocation, the commission shall be independent of any supervision or control by the department or any board or officer thereof. The executive director of the Amistad Commission shall submit requests for the budget of the Amistad Commission directly to the Governor who shall review the requests and forward them to the Division of Budget and Accounting in the Department of the Treasury. State support for the operations of the Amistad Commission shall be appropriated by the Legislature to the commission through a separate line item in the annual appropriations act. The commission shall consist of 22 members, including the Commissioner of Education or a designee , who shall serve as a voting member, and the chair of the executive board of the Presidents' Council or a designee, serving ex officio, two members of the Senate or their designees, no more than one of whom shall be of the same political party, appointed by the President of the Senate to serve as voting members for the two-year legislative term during which they are appointed, two members of the General Assembly or their designees, no more than one of whom shall be of the same political party, appointed by the Speaker of the General Assembly to serve as voting members for the two-year legislative term during which they are appointed, and 16 public members. Public members , all of whom shall serve as voting members, shall be appointed as follows: four public members, no more than two of whom shall be of the same political party, shall be appointed by the President of the Senate; four public members, no more than two of whom shall be of the same political party, shall be appointed by the Speaker of the General Assembly; and eight public members, no more than four of whom shall be of the same political party, shall be appointed by the Governor. The public members shall be residents of this State, chosen with due regard to broad geographic representation and racial and ethnic diversity, who have an interest in the history of the African slave trade and slavery in America and the accomplishments, experiences, and contributions of African-Americans to our society. b. Each public member of the commission shall serve for a term of three years, except that of the initial members so appointed: one member appointed by the President of the Senate, one member appointed by the Speaker of the General Assembly, and two members appointed by the Governor shall serve for terms of one year; one member appointed by the President of the Senate, one member appointed by the Speaker of the General Assembly, and three members appointed by the Governor shall serve for terms of two years; and two members appointed by the President of the Senate, two members appointed by the Speaker of the General Assembly, and three members appointed by the Governor shall serve for terms of three years. Public members shall be eligible for reappointment. They shall serve until their successors are appointed and qualified, and the term of the successor of any incumbent shall be calculated from the expiration of the term of that incumbent. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only. c. The members of the commission shall serve without compensation but shall be entitled to reimbursement for all necessary expenses incurred in the performance of their duties. d. The commission shall annually elect a chairperson and a vice-chairperson from among its members. The commission shall meet upon the call of the chairperson or of a majority of the commission members. The presence of a majority of the authorized voting membership of the commission shall be required for the conduct of official business. e. The commission shall interview and appoint an executive director, who shall serve at its pleasure and shall be a person qualified by training and experience to perform the duties of the office. The commission shall approve all Amistad personnel job descriptions and all persons recommended for employment by its executive director. f. The Amistad Commission shall: (1) market and distribute to educators, administrators and school districts in the State educational information and other materials on the African slave trade, slavery in America, the vestiges of slavery in this country and the contributions of African-Americans to our society; (2) conduct teacher workshops annually on the African slave trade, slavery in America, the vestiges of slavery in this country and the accomplishments, experiences, and contributions of African-Americans to our society, covering information which often has been omitted from traditional curricula; (3) monitor and assess the inclusion of such materials and curricula in the State's educational system; and (4) survey, catalog, and recommend to the State Board of Education the expansion of, content about slave trade , American slavery education , and African-American history presently being incorporated into the New Jersey Student Learning Standards and taught in the State's educational system , the purpose of which is to ensure that all New Jersey students acquire a broad and deep knowledge of all people who contributed to the founding and development of New Jersey and the United States and to promote the self-esteem, confidence, and identity of students who previously may not have learned about past and living examples of people of their own cultural identity who have had positive impacts upon the American story. L.2002,c.75,s.2; amended 2004, c.94; 2020, c.153, s.1.
N.J. Stat. § 52:16A-88 Responsibilities, duties of Amistad Commission.
3. The Amistad Commission shall have the following responsibilities and duties: a. to provide, based upon the collective interest of the members and the knowledge and experience of its staff and consultants, assistance and advice to public and nonpublic schools within the State with respect to the implementation of education, awareness programs, textbooks, and educational materials concerned with the African slave trade, slavery in America, the vestiges of slavery in this country and the contributions of African-Americans to our society; b. to survey and catalog the extent and breadth of education concerning the African slave trade, slavery in America, the vestiges of slavery in this country and the contributions of African-Americans to our society presently being incorporated into the curricula and textbooks and taught in the school systems of the State; to inventory those African slave trade, American slavery, or relevant African-American history memorials, exhibits and resources which should be incorporated into courses of study at educational institutions and schools throughout the State; and to assist the Department of State, the Department of Education and other State and educational agencies in the development and implementation of African slave trade, American slavery and African-American history education programs; c. to act as a liaison with textbook publishers, public and nonpublic schools, public and private nonprofit resource organizations, and members of the United States Senate and House of Representatives and the New Jersey Senate and General Assembly in order to facilitate the inclusion of the history of African slavery and of African-Americans in this country in the curricula of public and nonpublic schools; d. to compile a roster of individual volunteers who are willing to share their knowledge and experience in classrooms, seminars and workshops with students and teachers on the subject of the African slave trade, American slavery and the impact of slavery on our society today, and the contributions of African-Americans to our country; e. to coordinate events memorializing the African slave trade, American slavery and the history of African-Americans in this country that reflect the contributions of African-Americans in overcoming the burdens of slavery and its vestiges, and to seek volunteers who are willing and able to participate in commemorative events that will enhance student awareness of the significance of the African slave trade, American slavery, its historical impact, and the struggle for freedom; f. to prepare reports for the Governor and the Legislature regarding its findings and recommendations on facilitating the inclusion of the African slave trade, American slavery studies, African-American history and special programs in the educational system of the State; g. to develop, in consultation with the Department of Education, curriculum guidelines for the teaching of information on the African slave trade, slavery in America, the vestiges of slavery in this country, and the contributions of African-Americans to our country. Every board of education shall incorporate the information in an appropriate place in the curriculum of elementary and secondary school students; and h. to solicit, receive, and accept appropriations, gifts and donations. L.2002,c.75,s.3.
N.J. Stat. § 52:16A-88.1 "Amistad Commission Exemplary Award Program."
1. a. The Amistad Commission shall establish the "Amistad Commission Exemplary Award Program." The purpose of the program is to identify outstanding educators, and the school district in which the educator is employed, for special recognition who have shown a commitment to furthering student knowledge on the African slave trade, slavery in America, the vestiges of slavery in this country, and the contributions of African-Americans to our society. b. The commission shall invite school districts, charter schools, and renaissance school projects to submit nominations, on an application to be developed by the commission, by February 1 of each year of an exemplary teacher who deserves recognition for efforts to: (1) ensure that all New Jersey students acquire a broad and deep knowledge of all people who contributed to the founding and development of New Jersey and the United States; (2) promote the self-esteem, confidence, and identity of students who previously may not have learned about past and living examples of people of their own cultural identity who have had positive impacts upon the American story; and (3) provide exemplary lessons, units of study, or courses of study that demonstrate effective instruction of students in alignment with the Amistad curriculum and which lessons, units, or courses of study may be replicated by other educators. c. Recipients of the Amistad Commission Exemplary Award shall be named annually by the Amistad Commission Exemplary Award Committee. The committee shall be an ad hoc committee, the members of which, except for the executive director of the Amistad Commission, shall be appointed annually. The committee shall be comprised of the following members: (1) one member appointed by the Governor; (2) one member of the Senate appointed by the President of the Senate; (3) one member of the General Assembly appointed by the Speaker of the General Assembly; (4) one member appointed by the New Jersey Education Association; (5) one member appointed by the New Jersey Principals and Supervisors Association ; and (6) the executive director of the Amistad Commission, or a designee, who shall serve as the chair of the Amistad Commission Exemplary Award Committee. d. The award committee shall annually select two teachers to receive the Amistad Commission Exemplary Award: one teacher from a school that provides instruction in any of the grades kindergarten through eight; and one teacher from a school that provides instruction in any of the grades nine through 12. Recipients of this award shall each receive $2,500 in recognition of their extraordinary contributions. e. Each school district in which the award recipient selected pursuant to the provisions of subsection d. of this section is employed shall also receive the Amistad Commission Exemplary Award. Each school district that receives an award under the provisions of this subsection shall receive $2,500, which shall be used to assist other teachers in the school district implement the curriculum and teaching techniques of the teacher award recipient. L.2021, c.209.
N.J. Stat. § 52:16A-89 Assistance to Amistad Commission.
4. a. The commission is authorized to call upon any department, office, division or agency of the State, or of any county, municipality or school district of the State, to supply such data, program reports and other information, personnel and assistance as it deems necessary to discharge its responsibilities under this act. b. These departments, offices, divisions and agencies shall, to the extent possible and not inconsistent with any other law of this State, cooperate with the commission and shall furnish it with such information, personnel and assistance as may be necessary or helpful to accomplish the purposes of this act. L.2002,c.75,s.4.
N.J. Stat. § 52:16A-90 New Jersey Black Cultural and Heritage Initiative Foundation.
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. L.2005,c.47,s.1.
N.J. Stat. § 52:16A-91 Board of Trustees; terms, vacancies.
2. The New Jersey Black Cultural and Heritage Initiative Foundation shall be governed by a board of trustees consisting of the following 25 members: a. 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 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. L.2005, c.47, s.2; amended 2007, c.253, s.11.
N.J. Stat. § 52:16A-92 Executive Director, employees.
3. The foundation's board of trustees shall be authorized, within the limits of its own funds, to employ an executive director 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. L.2005,c.47,s.3.
N.J. Stat. § 52:16A-93 Secretary of State, incorporator of foundation.
4. The Secretary of State shall be an incorporator of the foundation. Upon the incorporation of the foundation and the establishment of the first board of trustees, the board shall adopt bylaws setting forth the structure, offices, powers and duties of the foundation. The Secretary of State shall serve as the initial co-chair of the board of trustees. L.2005,c.47,s.4.
N.J. Stat. § 52:16A-94 Use of funds received by foundation for the initiative.
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. L.2005,c.47,s.5; amended by 2022, c.102, s.1.
N.J. Stat. § 52:16A-95 Provision of financial, service support by Department of State.
6. 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. L.2005,c.47,s.6.
N.J. Stat. § 52:16A-96 Payment of expenses by foundation; private counsel.
7. All expenses incurred by the foundation shall be payable from funds raised by the foundation, and 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. L.2005,c.47,s.7.
N.J. Stat. § 52:16A-97 Annual audit.
8. A certified public accountant shall be selected by the foundation to annually audit the foundation's funds. The foundation shall contract for and receive such audit annually, and shall submit the audit to the Secretary of State and to the Director of the Division of Budget and Accounting in the Department of the Treasury. L.2005,c.47,s.8.
N.J. Stat. § 52:16A-98 Division of Elections transferred to Department of State.
1. a. The Division of Elections in the Department of Law and Public Safety, transferred to the Department of Law and Public Safety pursuant to Governor Whitman's Reorganization Plan No. 004-1998 effective May 29, 1998, together with all of the division's functions, powers and duties, is transferred to and constituted as the Division of Elections in the Department of State. b. Effective with the enactment of P.L.2007, c.254 (C.52:16A-98 et al.), the Secretary of State shall be the chief election official of this State and any references to the Attorney General relative to any elections matter appearing in the statutory law shall be a reference to the Secretary of State, unless the context or language of the statute provides otherwise. c. All responsibility for the budget, fiscal and personnel matters of the Division of Elections is transferred to the Department of State. d. Whenever in any rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Division of Elections in the Department of Law and Public Safety, the same shall mean the Division of Elections in the Department of State. e. All transfers directed by this act shall be made in accordance with the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.). L.2007, c.254, s.1.
N.J. Stat. § 52:16A-99 Findings, declarations relative to Ellis Island.
1. The Legislature finds and declares that: a. Ellis Island occupies a significant and unique place in America's heritage; it was the primary United States immigration station from 1892 to 1954 when more than 12 million people passed through the station complex - the greatest surge of migration in America's history; and today, 40% of Americans can trace their family history from Ellis Island, which was added to the national park system in 1965 and placed under the operational supervision of the National Park Service as a part of the Statue of Liberty National Monument in recognition of its importance in American history, architecture, and culture. b. The closure of Ellis Island in 1954 resulted in its abandonment and decay; in 1990, following extensive rehabilitation, the Main Building reopened as an immigration museum and several buildings have been rehabilitated as administrative offices; and the National Park Service is working with Save Ellis Island, Inc. as the non-profit partner for implementation of the Ellis Island Institute and conference center, which is the preferred re-use for the remaining unused buildings on Ellis Island. c. The Ellis Island Institute would be the primary use and would include cultural, interpretive and educational programs and activities with a policy research center and administrative and study space; and the associated conference center would host meetings, retreats and workshops that primarily focus on immigration, world migration, public health, cultural and ethnic diversity, and family history. d. On May 26, 1998 the Supreme Court of the United States recognized and acknowledged New Jersey's sovereignty and governmental control over a substantial portion of Ellis Island, as defined in the Court's opinion; in December 1999 the Governor's Advisory Committee on the Preservation and Use of Ellis Island issued its final report and recommendations; and in 2000 Save Ellis Island, Inc. was created in response to the Governor's advisory committee. e. It is desirable to create a State-level commission, which as an organized body, on a continuous basis, will: promote the interests of the State of New Jersey and provide assistance and advice to Save Ellis Island, Inc., its successors and other interested parties concerning the proposed Ellis Island Institute and its associated conference center; promote the proposed Ellis Island Institute and its associated conference center regionally and nationally as an important cultural and private-public initiative and destination venue; provide recognition for the accomplishments of the State of New Jersey in the rehabilitation, reuse and protection of cultural and historic resources on Ellis Island; and prepare reports to the Governor and the Legislature regarding its findings and recommendations. L.2008, c.85, s.1.
N.J. Stat. § 52:16A-100 Ellis Island Advisory Commission.
2. a. The Ellis Island Advisory Commission is hereby created and established in the Executive Branch of the State Government. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1, of the New Jersey Constitution, the commission is allocated within the Department of State. The commission shall consist of 19 voting members, as follows: (1) a representative of the Governor's office, the Secretary of State or a designee, the State Treasurer or a designee, the Attorney General or a designee, the Commissioner of Environmental Protection or a designee, the Commissioner of Education or a designee, the Executive Director of the New Jersey Commerce Commission or a designee, the Commissioner of Health and Senior Services or a designee, the Commissioner of Transportation or a designee, the New Jersey State representative of the National Trust for Historic Preservation or a designee, and the President of Save Ellis Island, Inc. or a designee, each serving ex officio; (2) four members of the Legislature, of whom one shall be appointed by the Senate President, one by the Senate Minority Leader, one by the Speaker of the General Assembly and one by the Minority Leader of the General Assembly. Legislators appointed to the commission shall serve as members thereof for terms co-extensive with their respective terms as members of the Houses of the Legislature from which they were appointed; and (3) four members shall be appointed by the Governor, with the advice and consent of the Senate, of whom one shall be a representative of Rutgers, the State University of New Jersey, chosen with expertise in immigration issues, and three shall be members of the public, chosen with due regard for their knowledge of the role of Ellis Island in American history, including one member with expertise in the hospitality industry and one member with expertise in the development industry. No public members shall hold elective office. b. Each public member of the commission shall serve for a term of three years, except that of the initial members so appointed: one member shall serve for one year, two members shall serve for two years, and two members shall serve for three years. Public members shall be eligible for reappointment. They shall serve until their successors are appointed and qualified, and the term of any successor of any incumbent shall be calculated from the expiration of the term of that incumbent. A vacancy occurring other than by expiration of the term shall be filled in the same manner as the original appointment but for the unexpired term only. Public members may be removed by the Governor for cause. c. The members of the commission shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties subject to the availability of funds. d. The Secretary of State, or a designee, shall serve as chair, and the members of the commission shall elect annually one of the public members to serve as vice-chair. The chair may appoint a secretary, who need not be a member of the commission. The presence of a majority of the full membership of the commission shall be required for the conduct of official business. e. The commission shall meet at the call of the chair. The commission shall hold at least two meetings annually which shall be held at the State capitol and at such other times and places as the commission may deem expedient, including on Ellis Island. L.2008, c.85, s.2; amended 2012, c.45, s.132.
N.J. Stat. § 52:16A-101 Responsibilities, duties of Ellis Island Advisory Commission.
3. The Ellis Island Advisory Commission shall have the following responsibilities and duties: a. to recommend that the proposed Ellis Island Institute and its associated conference center are aligned fully with New Jersey interests, industries and existing institutions; b. to promote the Ellis Island Institute and its associated conference center regionally and nationally as an important cultural and private-public initiative and a destination venue; c. to recognize the accomplishments of the State of New Jersey in the rehabilitation, reuse and protection of cultural and historic resources on Ellis Island; d. to provide, based upon the collective interest of the members and the knowledge and experience of its staff, assistance and advice to Save Ellis Island, Inc., its successors and other interested parties; e. to cooperate with the State of New York and the City of New York, when appropriate, with respect to the rehabilitation, reuse, and protection of the Ellis Island buildings and resources; f. to prepare reports for the Governor and the Legislature regarding its findings and recommendations; and g. to receive and accept appropriations, as well as foster development of gifts and donations to minimize any fiscal impact upon the State. L.2008, c.85, s.3.
N.J. Stat. § 52:16A-102 Report to Governor, Legislature.
4. The commission shall report its findings and recommendations to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), within one year of its initial organizational meeting and by the fifteenth of February of each succeeding year for the activities of the preceding calendar year. L.2008, c.85, s.4.
N.J. Stat. § 52:16A-103 Authority of commission to request information, assistance.
5. The commission is authorized to call upon any department, office, division or agency of the State, or of a political subdivision of the State, to supply such information and assistance as it deems necessary to discharge its responsibilities under this act. L.2008, c.85, s.5.
N.J. Stat. § 52:16A-104 Findings, declarations relative to establishing the "New Jersey-Israel Commission" as permanent.
1. The Legislature finds and declares: a. On April 25, 1988, in commemoration of the 40th anniversary of the founding of the State of Israel, the State of New Jersey entered into a Sister State Agreement with Israel as a symbol of the potential for cooperation that exists between our two states; and b. The agreement calls for the development of trade and cultural and educational exchanges, in addition to encouraging the development of capital investment and joint business ventures; and c. On May 31, 1989, the State of New Jersey established the New Jersey-Israel Commission as a temporary commission by Executive Order No. 208 of Governor Thomas H. Kean to enhance New Jersey's ability to implement the stated goals of the agreement; and d. The commission was continued by Executive Orders Nos. 35 and 90 of Governor James J. Florio through and including May 31, 1995; and e. The commission was continued by Executive Orders Nos. 37 and 70 of Governor Christine T. Whitman through and including January 1, 2002; and f. The commission was continued by Executive Order No. 12 of Governor James E. McGreevey through and including January 1, 2007; and g. The commission was continued by Executive Order No. 49 of Governor Jon S. Corzine through and including January 1, 2012; and h. The commission has effectively fostered a spirit of cooperation between the citizens of the State of Israel and the citizens of the State of New Jersey that should continue, on a permanent basis, in order to further the goals of the agreement. L.2008, c.125, s.1.
N.J. Stat. § 52:16A-105 New Jersey-Israel Commission deemed permanent; membership, vacancies, compensation, meetings.
2. a. The New Jersey-Israel Commission continued pursuant to Executive Order No. 49 of 2007, together with its functions, powers, duties, and subcommittees is hereby continued and established as a permanent commission in the Department of State, in accordance with the provisions of this act, P.L.2008, c.125 (C.52:16A-104 et seq.). b. Upon the effective date of this act and through December 31, 2011, the commission shall consist of a minimum of 15 members and a maximum of 100 members, to be appointed by the Governor. Eight members of the commission shall be members of the Legislature. Four of the legislative members shall be members of the General Assembly, no more than two of whom shall be of the same political party, and four shall be members of the Senate, no more than two of whom shall be of the same political party. The eight legislative members shall be appointed by the Governor upon the recommendation of the Speaker of the General Assembly and the President of the Senate, respectively. All members of the commission shall serve at the pleasure of the Governor, and vacancies in the membership of the commission shall be filled in the same manner as the original appointments were made. The members of the commission appointed pursuant to Executive Order No. 49 of 2007 and serving on the effective date of this act shall continue as members of the commission until December 31, 2011 on which date the appointments of all the members shall expire. c. On January 1, 2012 and thereafter, the membership of the commission shall consist of 85 members to be appointed by the Governor, as follows: (1) Eight members of the commission shall be members of the Legislature. Four of the legislative members shall be members of the General Assembly, no more than two of whom shall be of the same political party, and four shall be members of the Senate, no more than two of whom shall be of the same political party. The eight legislative members shall be appointed by the Governor upon the recommendation of the Speaker of the General Assembly and the President of the Senate, respectively. The legislative members shall serve during the two-year legislative term in which the appointment is made. (2) Seventy-seven members of the commission shall be members of the public, to be appointed by the Governor to serve for a term of three years, except that of those 77 members first appointed, 25 shall be appointed to serve an initial term of two years, 25 shall be appointed to serve an initial term of three years, and 27 shall be appointed to serve an initial term of four years. (3) A vacancy in the membership of the commission shall be filled in the same manner as the original appointment is made. d. Members of the commission shall serve without compensation, but may be reimbursed for expenses actually incurred in the performance of their duties, within the limit of funds appropriated to the commission or otherwise made available to it for its purposes. e. The commission may meet and hold hearings at the places it designates throughout the State. L.2008, c.125, s.2.
N.J. Stat. § 52:16A-106 Designation of chairpersons, subcommittee chairpersons; quorum.
3. The Governor shall designate a chairperson or co-chairpersons from among the members of the commission, who shall serve in that capacity at the pleasure of the Governor. The chairperson or co-chairpersons, as applicable, shall appoint from among the commission members the subcommittee chairpersons who shall each chair one subcommittee. The chairperson or co-chairpersons, as applicable, shall organize the commission's executive committee, to be composed of the chairperson or co-chairpersons, as applicable, the subcommittee chairpersons, and additional at-large members to be appointed by the chairperson or co-chairpersons, as applicable, from among the members of the commission. A majority of the members of the executive committee shall constitute a quorum for the transaction of the business of the commission. Action may be taken and motions adopted at any meeting of the commission only if a majority of the executive committee of the commission is present and voting. L.2008, c.125, s.3.
N.J. Stat. § 52:16A-107 Purpose of New Jersey-Israel Commission.
4. a. The purpose of the New Jersey-Israel Commission shall be to implement the stated goals of the Sister State Agreement between New Jersey and Israel. In furtherance of its purpose, the commission shall establish subcommittees to examine the following issues: (1) Economic Development and International Trade; (2) Research, Science and Technology; (3) Education; (4) Culture and Tourism; and (5) other issues as determined by the commission pursuant to its purposes. b. The commission shall report its findings, recommendations and plans directly to the Governor. L.2008, c.125, s.4.
N.J. Stat. § 52:16A-108 Authority of New Jersey-Israel Commission.
5. The New Jersey-Israel Commission shall be authorized to raise funds, through direct solicitation or other fundraising events, alone or with other groups, and accept gifts, grants and bequests from individuals, corporations, foundations, governmental agencies, public and private organizations and institutions, to defray the commission's administrative expenses and carry out its purposes as set forth in this act, P.L.2008, c.125 (C. 52:16A-104 et seq.). The funds, gifts, grants, or bequests received pursuant to this section shall be deposited in a State Treasury account and allocated and annually appropriated to the Department of State to defray the commission's administrative expenses and carry out its purposes. L.2008, c.125, s.5.
N.J. Stat. § 52:16A-109 Consistent provisions of Executive Orders remain in force, effect.
6. All other provisions of Executive Order No. 208 of 1989, Executive Order No. 35 of 1991, Executive Order No. 90 of 1993, Executive Order No. 37 of 1995, Executive Order No. 70 of 1997, Executive Order No. 12 of 2002, and Executive Order No. 49 of 2007 that are not inconsistent with this act, P.L.2008, c.125 (C. 52:16A-104 et seq.), shall remain in full force and effect. L.2008, c.125, s.6.
N.J. Stat. § 52:16A-110 Information for nonprofit organizations provided on the Internet.
1. a. The Department of State shall maintain in a single accessible location on its designated home website information for nonprofit organizations regarding various resources available to assist them in their daily operations. The information featured shall be updated at least monthly and include, but not be limited to, information regarding: (1) available funding sources offered by the Department of State; (2) relevant eligibility criteria applicable to such funding; (3) incorporation and, to the extent applicable, board development; (4) volunteer opportunities available with or through the Department of State; (5) links to the website pages of the various departments and State agencies that contain the information that such entities must maintain in accordance with this section; and (6) any other information the Secretary of State deems necessary. The website shall be accessible from the Department of State's designated home webpage. b. Each State department or agency that provides resources to nonprofit organizations shall maintain in a single accessible location on its designated home website information regarding various resources available from or through that department or agency to assist those nonprofit organizations in their daily operations. The information featured shall be updated at least monthly and include, but not be limited to, information regarding: (1) available funding sources offered by the department or agency; (2) relevant eligibility criteria applicable to such funding; (3) volunteer opportunities available with or through the department or agency; and (4) any other information the Secretary of State deems necessary. The website shall be accessible from the designated home website of each such department or agency. L.2011, c.73, s.1.
N.J. Stat. § 52:16A-111 Establishment of formats, icons.
2. The Secretary of State, in consultation with the Chief Technology Officer, shall establish a standard format and icon for each department and agency to use to display the required information for nonprofit organizations. L.2011, c.73, s.2.
N.J. Stat. § 52:16A-112 Cooperation by State departments, agencies.
3. All Executive Branch departments and State agencies are directed to cooperate fully with the Office of the Secretary of State to implement the provisions of this act. L.2011, c.73, s.3.
N.J. Stat. § 52:16A-113 Division of the State Museum.
2. 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. L.2015, c.81, s.2.
N.J. Stat. § 52:16A-114 Powers, functions, duties continued; board of trustees abolished.
3. 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. L.2015, c.81, s.3.
N.J. Stat. § 52:16A-115 Authority, powers of division.
4. 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, except the division shall not impose an admission charge to a veteran, active member of the Armed Forces of the United States or National Guard, or a person holding a driver's license or identification card with a Gold Star Family designation issued pursuant to section 1 of P.L.2013, c.165 (C.39:3-10f6) or section 2 of P.L.1980, c.47 (C.39:3-29.3), respectively; 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. L.2015, c.81, s.4; amended 2017, c.175, s.9.
N.J. Stat. § 52:16A-116 Executive director.
5. 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. L.2015, c.81, s.5.
N.J. Stat. § 52:16A-117 Appointment of employees.
6. 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. L.2015, c.81, s.6.
N.J. Stat. § 52:16A-118 Annual reports.
7. 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. L.2015, c.81, s.7.
N.J. Stat. § 52:16A-119 Examination of accounts, books, records.
8. 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. L.2015, c.81, s.8.
N.J. Stat. § 52:16A-120 Duties of military and defense economic ombudsman.
11. a. The Military and Defense Economic Ombudsman shall develop and maintain relationships with commanders of military installations located within the State and with the Office of Economic Adjustment in the Department of Defense for the purpose of reducing potential land use conflicts between military installations, the State, and regional, county and local planning units. b. The Military and Defense Economic Ombudsman shall encourage military installation commanders and representatives of counties, municipalities, and of State and regional entities to maintain open lines of communication, engage in long-term, strategic planning, including but not limited to Joint Land Use Studies, and facilitate joint planning efforts. L.2016, c.21, s.11.
N.J. Stat. § 52:16A-121 "New Jersey-Made," "NJ-Made" logo.
52:16A-121 State logo regarding manufacturing. 1. a. The Department of State, in coordination with the New Jersey Manufacturing Extension Program, Inc., shall develop and designate as an official State logo a "Made in New Jersey," "Made in NJ," or "MINJ" logo to allow manufacturers and producers of New Jersey-made products to denote that their products are made or produced in New Jersey. The Department of State shall develop guidelines for the use of the logo in any branding efforts by manufacturers and producers, and shall make the logo available to manufacturers and producers through an Internet website. b. Any State agency, quasi-public agency, or public or private entity may promote the Internet website and logo developed pursuant to this section. c. The Department of State shall promulgate and adopt rules and regulations to effectuate the purposes of this act. The rules and regulations shall be effective immediately upon filing with the Office of Administrative Law for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the department in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). L.2019, c.105, s.1; amended 2021, c.240.
N.J. Stat. § 52:16A-122 Designation of Major Event Coordinator.
1. a. The Secretary of State shall designate an individual, to be known as the Major Event Coordinator, as the contact person for major events held in the State of New Jersey. The Major Event Coordinator shall provide a consolidated one-stop centralized location of information and assistance to persons planning to host major events that will increase tourism to the State. The Major Event Coordinator shall provide, among other things, assistance with permits, licensing, and compliance with State laws, rules, and regulations. The name and contact information for the Major Event Coordinator shall be prominently displayed on a public webpage. b. As used in this section, "major event" means and includes events that increase tourism to the State of New Jersey and generate significant, immediate or long-term economic, social and cultural benefits to the State, attract significant numbers of participants and spectators, or have a national profile outside of the region in which it is being run, and generate significant media coverage in markets of interest for tourism. L.2019, c.198.
N.J. Stat. § 52:16A-123 Findings, declaration relative to the New Jersey Puerto Rico Commission.
1. The Legislature finds and declares that: a. Approximately 5.1 million Hispanics of Puerto Rican origin resided in the 50 states of the United States and in the District of Columbia prior to the devastation of Hurricane Maria; and b. The number is significantly greater than Puerto Rico's population of 3.6 million, which was in decline due to out-migration before Hurricane Maria; and c. The storm made landfall on September 20, 2017, and caused a degree of destruction and disorganization rarely experienced in American history, so that months after the storm abated, many of the island's residents still lack access to electricity and clean water; and d. Hurricane Maria was a worst-case scenario from a meteorological standpoint, as the center of the huge Category 5 hurricane passed directly over Puerto Rico with wind and rain lasting over 30 hours; and e. Hurricane Maria exhibited many of the elements of a catastrophic event, not just a disaster, as catastrophic events are rarer than disasters because they result in the destruction of critical infrastructure over a large swath of land, which is exactly what happened in Puerto Rico; and f. Though the true extent of Hurricane Maria's damage to Puerto Rico is still being assessed, there are some indications of what the long term effects of it will be, including: predictions that the island's economy will shrink by about eight percent in 2018, thus making Puerto Rico among the slowest growing economies in the world; thousands of businesses have been unable to open due to continuing electrical blackouts months after the storm; and over 200,000 people have left the island; and g. Approximately 500,000 persons of Puerto Rican descent live in New Jersey, which is the third-largest Puerto Rican population of any state, and it is estimated that approximately 30,000 displaced Puerto Ricans have come to New Jersey in the wake of Hurricane Maria; and h. New Jersey recognizes its moral obligation to provide relief to all Americans in distress who come to our State; and i. This State is committed to contributing to the stabilization of Puerto Rico, so that those who wish to return to their homes on the island will have an opportunity to do so and to find a safe, stable, and sustainable environment in which they can raise a family, educate their children, find gainful employment, and enjoy a level of services similar in quality to those with which New Jersey is blessed. L.2019, c.284, s.1.
N.J. Stat. § 52:16A-124 New Jersey Puerto Rico Commission established.
2. a. There is established in, but not of, the Department of State the New Jersey Puerto Rico Commission. The commission shall consist of 35 members, to be appointed as follows. Two members of the Legislature shall be appointed by the President of the Senate, neither of whom shall be members of the same political party; and two members of the Legislature shall be appointed by the Speaker of the General Assembly, neither of whom shall be members of the same political party. The legislative members of the commission shall serve during the two-year legislative term in which the appointments are made. Thirty one members of the commission shall be appointed by the Governor. Sixteen members shall serve for a term of three years and 15 shall serve for a term of four years. The 31 members thus appointed shall include at least one representative from: a State institution of higher education; an electric or gas public utility; the HealthCare Institute of New Jersey, or its successor organization; the New Jersey Chamber of Commerce, or its successor organization; and at least two representatives recommended by the Governor of the Commonwealth of Puerto Rico neither of whom shall be members of the same political party. b. All appointments shall be made no later than 90 days following the day of enactment of P.L.2019, c.284 (C.52:16A-123 et seq.). A vacancy in the membership of the commission shall be filled in the same manner as the original appointment was made. c. Members of the commission shall serve without compensation but may be reimbursed for expenses actually incurred in the performance of their duties, within the limit of funds appropriated to the commission or otherwise made available to it for its purposes. d. The commission shall meet and hold hearings at the places it designates throughout the State. L.2019, c.284, s.2.
N.J. Stat. § 52:16A-125 Designation of chairpersons, appointment of members.
3. The Governor shall designate a chairperson or co-chairpersons from among the members of the commission, who shall serve in that capacity at the pleasure of the Governor. The chairperson or co-chairpersons, as appropriate, shall appoint from among the commission members the subcommittee chairpersons, who shall each chair only one subcommittee. The chairperson or co-chairpersons, as appropriate, shall serve on the commission's Executive Committee, which shall also include the subcommittee chairpersons and any additional at-large members to be appointed by the chairperson or co-chairperson, as appropriate, from among the members of the commission. The executive committee shall schedule all meetings of the commission and prepare an agenda therefor. A majority of the members of the commission shall constitute a quorum for the transaction of the business of the commission. L.2019, c.284, s.3.
N.J. Stat. § 52:16A-126 Purpose of the New Jersey Puerto Rico Commission.
4. a. The purpose of the New Jersey Puerto Rico Commission shall be to: advance bilateral trade and investment; initiate joint action on policy issues of mutual interest to New Jersey and Puerto Rico; promote business and academic exchanges between New Jersey and Puerto Rico; support Puerto Rico in its efforts to stabilize its economy; encourage New Jersey companies to invest in Puerto Rico's infrastructure; and address such other issues as determined by the commission. In order to carry out its purposes, the commission shall establish subcommittees to examine the following issues. Economic development, investment and trade. Research, science, and technology. A priority of this subcommittee shall be to consider the desirability of re-establishing the bi-state commission created in the 1990s under the auspices of the HealthCare Institute of New Jersey to: (1) organize states that are dependent on life sciences industry clusters to protect and preserve a strong pharmaceutical industry in the United States; (2) coordinate joint applications for federal research and manufacturing innovation grants; and (3) create opportunities for university-based research and instructional collaborations. Public policy advocacy. This subcommittee shall mobilize New Jersey institutions to join with other states in advocating for an infusion of resources into Puerto Rico to stop its economic downward spiral by: (1) making certain that Medicare/Medicaid services are funded at adequate levels and on an equal basis with other states in this country; (2) press for emergency education funding to prevent the deterioration of the island's primary and secondary education systems; (3) support the PROMESA Fiscal Oversight Board in its determination to re-structure Puerto Rico's debt; (4) support a restoration of the benefits provided by Section 936 of the federal tax code; and (5) promote federal funding to reconstruct all of the damaged infrastructure on the island. Education. Infrastructure. Such other issues as deemed appropriate by the commission. b. The commission shall report its findings and recommendations to the Governor, and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), within one year of its initial organizational meeting and by February 1st of each succeeding year for the activities of the preceding calendar year. The report shall be in writing and include such recommendations as deemed appropriate by the commission to effectuate its purpose, as provided by this section. L.2019, c.284, s.4.
N.J. Stat. § 52:16A-127 Authority to raise funds.
5. The New Jersey Puerto Rico Commission shall be authorized to raise funds, through direct solicitation or other fundraising events, alone, or with other groups, and accept gifts, grants, and bequests from individuals, corporations, foundations, governmental agencies, and public and private organizations and institutions, to defray the commission's administrative expenses and to carry out its purposes as set forth in P.L.2019, c.284 (C.52:16A-123 et seq.). The funds, gifts, grants, or bequests received pursuant to this section shall be deposited in an account in the Department of the Treasury and allocated and annually appropriated to the Department of State to defray the commission's administrative expenses and carry out its purposes. L.2019, c.284, s.5.
N.J. Stat. § 52:16A-128 New Jersey Asian American Pacific Islander Commission; creation, establishment.
1. The New Jersey Asian American Pacific Islander Commission is created and established in the Executive Branch of the State Government. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated within the Department of State but notwithstanding this allocation, the commission shall be independent of any supervision or control by the department or any board or officer thereof. L.2021, c.304, s.1.
N.J. Stat. § 52:16A-129 Commission membership.
2. The commission shall consist of 30 public members representing Asian American Pacific Islander (AAPI) communities. The public members shall be appointed as follows: One public member shall be appointed by the Secretary of State; One public member shall be appointed by Governor from among recommendations made by the President of the Senate; and One public member shall be appointed by the Governor from among recommendations made by the Speaker of the General Assembly. The Governor shall appoint the remaining 27 public members, and shall appoint the chair of the commission. The public members shall have experience advocating on behalf of their community. L.2021, c.304, s.2.
N.J. Stat. § 52:16A-130 Terms of membership.
3. Each public member of the commission shall serve a term of three years, except that in making the first appointments to the commission, 10 public members shall appointed to serve for one year, 10 for two years, and 10 for three years. The length of the respective term for each public member of the first commission shall be determined by lot at the organization of the commission. The public members shall be eligible for reappointment and shall serve until their successors are appointed and qualified, and the term of the successor of any incumbent shall be calculated from the expiration of the term of that incumbent. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only. L.2021, c.304, s.3.
N.J. Stat. § 52:16A-131 Conducting official business; annual report.
4. The majority of authorized members of the commission shall be required to conduct official business. The commission shall submit an annual report on its activities to the Governor and the Legislature, pursuant to P.L.1991, c.164 (C.52:14-19.1). L.2021, c.304, s.4.
N.J. Stat. § 52:16A-133 Assistance from state governmental entities.
6. The commission is authorized to call upon any department, office, division or agency of the State, or of any county, municipality or school district of the State, to supply such data, program reports and other information, personnel and assistance as it deems necessary to discharge its responsibilities under this act. These departments, offices, divisions and agencies shall, to the extent possible, and not inconsistent with any other law of this State, cooperate with the commission and shall furnish it with such information, personnel, and assistance as may be necessary or helpful to accomplish the purposes of the commission. L.2021, c.304, s.7.
N.J. Stat. § 52:16A-134 Responsibilities and duties.
7. The commission shall have the following responsibilities and duties: a. To develop policies to improve the community, economic, social well-being, health and educational needs important to AAPI communities in New Jersey; b. To develop and coordinate Statewide programs, recognizing the continuing contributions of AAPI individuals in New Jersey; c. To draw upon the membership's knowledge and expertise in creating activities designed to better educate all citizens of New Jersey on AAPI issues and culture; d. To increase the awareness among AAPI individuals of governmental affairs and community and social service resources that may benefit AAPI individuals and communities as a whole. L.2021, c.304, s.7.
N.J. Stat. § 52:16A-135 Business Action Center, Department of State, customer assistance metrics program; report to Governor, Legislature.
1. a. No later than six months after the effective date of this act, the Business Action Center within the Department of State shall establish and maintain a customer assistance metrics program that tracks and analyzes customer satisfaction, outcomes of business inquiries, and the quality of service that the Business Action Center provides. The program shall consist of a post-call survey for customers, a live chat survey function, and a follow-up assessment via email or mail, depending on the customer's preference. The post-call survey, live chat survey function, and follow-up assessment shall include, at a minimum, questions concerning the customer's experience in utilizing the Business Action Center, any difficulties the customer encountered during the inquiry process, and how well the customer's questions and concerns were addressed by the staff at the Business Action Center. b. The purpose of the surveys and assessments shall be to: (1) identify the strengths and weaknesses of the Business Action Center in responding to customer inquiries; (2) formulate trainings or strategies to improve the response of the Business Action Center; and (3) assess whether recommended improvements require additional resources and staff support. c. The Business Action Center shall analyze the data collected by the post-call surveys, live chat survey function, and follow-up assessments. No later than one year following the establishment of the customer assistance metrics program, and on an annual basis thereafter, the Business Action Center shall submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature, with respect to its findings and conclusions. The Department of State shall post a copy of the report in a prominent location on the homepage of its Internet website and annually update the website with the most recent report. L.2023, c.26.
N.J. Stat. § 52:16A-136 New Jersey Business Action Center, small business manual, established, maintained.
1. a. The executive director of the New Jersey Business Action Center in the Department of State shall establish and maintain, in collaboration with the New Jersey Economic Development Authority, the New Jersey Business and Industry Association, the New Jersey Chamber of Commerce, and regional chambers of commerce across the State, a publicly available small business manual that provides information and guidance on establishing, maintaining, and expanding a small business. b. The manual shall be succinct, with a focus on brevity, and shall contain, after discussion with all collaborators in subsection a. of this section, the most important priorities when establishing, maintaining, and expanding a small business. The contents of the manual shall also include, but not be limited to, information concerning: (1) State and local permits and inspections; (2) financial assistance programs; (3) lease contracts; (4) commercial real estate transactions, including methods on how to acquire commercial real estate; and (5) any other information that the executive director deems necessary. c. The executive director shall additionally solicit information from the Department of Community Affairs, the Department of Environmental Protection, the Economic Development Authority, and other relevant departments and agencies on frequently asked questions that a small business owner may have when establishing, maintaining, or expanding a small business. Responses collected by the executive director shall be included in the manual. d. The manual shall be made available to the public one year next following the effective date of P.L.2023, c.27 (C.52:16A-136). The executive director shall update the information contained in the manual periodically. e. As used in this section, "publicly available" means to post in a conspicuous manner on the Internet website of the New Jersey Business Action Center and in a hard copy made available for a nominal fee. L.2023, c.27.
N.J. Stat. § 52:16A-136a New Jersey Business Action Center, publicly available information, guidance, small businesses, Internet presence, establish, maintain.
1. a. The New Jersey Business Action Center established in the Department of State pursuant to Reorganization Plan No. 003-2011, shall, in consultation with the New Jersey Economic Development Authority and the New Jersey Small Business Development Centers, establish and maintain publicly available information and guidance to help small businesses learn about available programs that help businesses develop an Internet presence. b. The guidance shall provide information on available programs that: (1) provide assistance with launching websites and social media web pages; (2) assist businesses with setting up technological tools for an Internet presence; (3) provide continuing assistance with the technological tools until the business has an understanding of how to use those technological tools to enhance the business's Internet presence; (4) expand online sales; (5) implement digital payroll, sales, inventory, and other processes; and (6) connect with other business owners. L.2023, c.185, s.1.
N.J. Stat. § 52:16A-136b New Jersey Business Action Center, outreach, assistance.
2. The New Jersey Business Action Center, in creating guidance pursuant to section 1 of P.L.2023, c.185 (C.52:16A-136a), shall conduct outreach to institutions of higher education, county colleges, the technology sector, local community centers, libraries, and other similar entities to assist the center in compiling and promoting information about the available programs. L.2023, c.185, s.2.
N.J. Stat. § 52:16A-136.1 Mentorship program, Business Action Center.
1. a. The Business Action Center established in the Department of State pursuant to Reorganization Plan No. 003-2011 shall establish a mentorship program to match mentor entities with experience in particular areas with newly established entities seeking to learn from those mentor entities. The center shall, as practicable, incorporate the mentorship program into the center's ongoing outreach and assistance efforts. b. The goal of the program shall be to facilitate the sharing of knowledge to confront common challenges in an evolving economy. The Business Action Center shall encourage participating mentor entities to share with mentee entities, when relevant, the following: those mentor entities' experiences transitioning to a new form of commerce, such as transitioning from brick-and-mortar to online or transitioning to the sale of a product or service that the mentor entity did not previously have experience selling; and suggestions to avoid common pitfalls when transitioning to a new form of commerce. c. The Business Action Center shall seek the assistance of chambers of commerce and other local organizations to solicit the participation of businesses in the program and to compile a list of mentor and mentee businesses to be matched by the center. d. The Business Action Center shall establish the terms and conditions by which entities may participate in the program, including requirements for minimum quarterly and in-person meetings between mentor and mentee entities. L.2023, c.166.
N.J. Stat. § 52:16A-136.2 Business Action Center liaison, State, manufacturing businesses; duties, responsibilities.
3. The Secretary of State, in consultation with the Commissioner of Labor and Workforce Development, shall designate an existing or newly hired employee of the Business Action Center in the Department of State to act as a liaison between the State and manufacturing businesses located in this State. The duties of the liaison shall be to assist manufacturing businesses by: a. advertising manufacturing businesses' products or services nationally and internationally through the Business Action Center in the Department of State; b. establishing a business referral service where manufacturing businesses may be referred to other State, federal, or private business resource organizations, such as the New Jersey Manufacturing Extension Program, the State's Small Business Development Centers, and other business organizations that provide specialized business development assistance, technology information, consulting management, and customized one-to-one counseling concerning business plans and technical assistance with significant business topics and issues; and c. identifying and promoting opportunities throughout the State for postsecondary pathway programs to actively reskill and upskill the current workforce to better meet the needs of manufacturing fields. L.2023, c.268, s.3.
N.J. Stat. § 52:16A-136.3 Secretary of State, resources, incentives, provide technological, financial, workforce development, manufacturing businesses.
4. a. The Secretary of State, in consultation with the Commissioner of Labor and Workforce Development, the New Jersey Economic Development Authority, and other State departments, agencies, boards, commissions, and authorities, shall direct resources, create incentives, and provide technological, financial, and workforce development opportunities for manufacturing businesses. b. The Secretary of State may call upon any department, authority, commission, board, office, division, or agency of the State to provide any information, resources, or other assistance deemed necessary to carry out the provisions of P.L.2023, c.268 (C.18A:64A-89 et al.). This may include, but not be limited to: the New Jersey Economic Development Authority for assistance with manufacturing business funding assistance programs; the Department of Labor and Workforce Development for assistance with developing workforce development strategies for manufacturing businesses; the Department of Transportation and the New Jersey Transit Corporation for assistance with enhancing public transportation operations for employees of manufacturing businesses; the Business Action Center in the Department of State for assistance with manufacturing business attraction, retention, and expansion efforts and advising on smart growth development strategies; and the Department of Community Affairs for assistance to manufacturing businesses participating in the urban enterprise zone program established by P.L.1983, c.303 (C.52:27H-60 et al.). L.2023, c.268, s.4.
N.J. Stat. § 52:16A-137 "New Jersey Ireland Trade Commission" established; membership requirements.
1. a. There is established in, but not of, the Department of State the New Jersey Ireland Trade Commission. The commission shall consist of 23 members, to be appointed as follows: (1) (a) Four members of the Legislature shall be appointed by the President of the Senate, two of whom shall have current or past involvement in organizations that promote Irish affairs or shall have interest in the well-being of trade relations between New Jersey and Ireland; and two members of the Legislature shall be appointed by the Minority Leader of the Senate, both of whom shall have current or past involvement in organizations that promote Irish affairs or shall have interest in the well-being of trade relations between New Jersey and Ireland. (b) Four members of the Legislature shall be appointed by the Speaker of the General Assembly, two of whom shall have current or past involvement in organizations that promote Irish affairs or shall have interest in the well-being of trade relations between New Jersey and Ireland; and two members of the Legislature shall be appointed by the Minority Leader of the General Assembly, both of whom shall have current or past involvement in organizations that promote Irish affairs or shall have interest in the well-being of trade relations between New Jersey and Ireland. (c) The legislative members of the commission shall serve during the two-year legislative term in which the appointments are made. (2) Eleven members of the commission shall be appointed by the Governor. Six members shall serve for a term of three years and five shall serve for a term of four years. The 11 members thus appointed shall include at least one representative from: a public institution of higher education; the New Jersey Chamber of Commerce, or its successor organization; and at least two public members representing Irish American communities neither of whom shall be members of the same political party. b. All appointments shall be made no later than 90 days following the day of enactment of P.L.2023, c.64 (C.52:16A-137 et seq.). A vacancy in the membership of the commission shall be filled in the same manner as the original appointment was made. c. Members of the commission shall serve without compensation but may be reimbursed for expenses actually incurred in the performance of their duties, within the limit of funds appropriated to the commission or otherwise made available to it for its purposes. d. The commission shall meet and hold hearings at the places it designates throughout the State. L.2023, c.64, s.1.
N.J. Stat. § 52:16A-138 Commission chairs, quorum.
2. The President of the Senate shall designate two co-chairpersons from among the President's appointments, one each from the majority and minority party; and the Speaker of the General Assembly shall designate two co-chairpersons from among the Speaker's appointments, one each from the majority and minority party. A majority of the members of the commission shall constitute a quorum for the transaction of the business of the commission. L.2023, c.64, s.2.
N.J. Stat. § 52:16A-139 Commission purpose, duties; report, Governor, Legislature.
3. a. The purpose of the New Jersey Ireland Trade Commission shall be to: (1) advance bilateral trade and investment between New Jersey and Ireland; (2) initiate joint action on policy issues of mutual interest to New Jersey and Ireland; (3) promote business and academic exchanges between New Jersey and Ireland; (4) encourage mutual economic support between New Jersey and Ireland; (5) encourage mutual investment in the infrastructure of New Jersey and Ireland; and (6) address such other issues as determined by the commission. b. The commission shall report its findings, results, and recommendations to the Governor, and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), within one year of its initial organizational meeting and by February 1st of each succeeding year for the activities of the preceding calendar year. The report shall be in writing and include recommendations as deemed appropriate by the commission to effectuate its purpose, as provided by this section. L.2023, c.64, s.3.
N.J. Stat. § 52:16A-140 Commission, funds, gifts, grants, bequests; Department of the Treasury.
4. The New Jersey Ireland Trade Commission shall be authorized to raise funds, through direct solicitation or other fundraising events, alone, or with other groups, and accept gifts, grants, and bequests from individuals, corporations, foundations, governmental agencies, and public and private organizations and institutions, to defray the commission's administrative expenses and to carry out its purposes as set forth in P.L.2023, c.64 (C.52:16A-137 et seq.). The funds, gifts, grants, or bequests received pursuant to this section shall be deposited in an account in the Department of the Treasury and allocated and annually appropriated to the Department of State to defray the commission's administrative expenses and carry out its purposes. L.2023, c.64, s.4.
N.J. Stat. § 52:16A-141 Findings, declarations.
1. The Legislature finds and declares that: The State of New Jersey recognizes its historical ties with Haiti and economic concerns shared by its Haitian-American residents regarding the Republic of Haiti; Haiti has faced significant challenges, including natural disasters, political instability, and socio-economic hardships; It is imperative for New Jersey to recognize that it has the fourth largest Haitian population in the United States; and The State should take concrete steps to address the economic challenges within its Haitian-American community and should work diligently to foster a mutual and beneficial relationship with Haiti. L.2025, c.54, s.1.
N.J. Stat. § 52:16A-142 The New Jersey-Haiti Commission established.
2. a. The New Jersey-Haiti Commission is hereby created and established in the Department of State. The commission shall advise the Governor and Legislature on ways to improve economic and cultural links between the State and Haiti and on steps that may be taken to address the economic challenges within the State's Haitian-American community. b. The commission shall consist of 13 members, including the Secretary of State, or a designee, who shall serve as chairperson, and 12 public members who shall represent a variety of different professional sectors across the State, including non-profit organizations serving the Haitian community. The public members shall be appointed as follows: six public members shall be appointed by the Governor, two public members shall be appointed by the Governor upon the recommendation of the President of the Senate, one public member shall be appointed by the Governor upon the recommendation of the Minority Leader of the Senate, two public members shall be appointed by the Governor upon the recommendation of the Speaker of the General Assembly, and one public member shall be appointed by the Governor upon the recommendation of the Minority Leader of the General Assembly. c. Each public member of the commission shall serve for a term of three years, except that of the members first appointed, four shall be appointed to a term of one year, four shall be appointed to a term of two years, and four shall be appointed to a term of three years, as determined by the Governor. Public members shall be eligible for reappointment. The public members shall serve until their successors are appointed and qualified, and the term of the successor of any incumbent shall be calculated from the expiration of the term of that incumbent. A vacancy occurring other than the expiration of the term shall be filled in the same manner as the original appointment but for the unexpired term only. d. The members of the commission shall serve without compensation, but shall be entitled to reimbursement for all necessary expenses incurred in the performance of their duties within the limits of funds appropriated for that purpose. e. The commission shall hold at least one public hearing on a quarterly basis and shall consult with stakeholders, experts, and members of the public to gather information related to the current economic challenges of the Haitian-American community in New Jersey and on the economic and cultural links between the State and Haiti. L.2025, c.54, s.2.
N.J. Stat. § 52:16A-143 New Jersey-Haiti Commission, duties, objectives; report to Governor, Legislature.
3. a. The commission shall: conduct a comprehensive review of historical ties between New Jersey and Haiti, including existing cultural exchanges, economic interactions, and the number of Haitians settling in New Jersey, as well as their patterns of migration to the State; collect and analyze quantitative data, including census numbers, demographic trends, and economic indicators, to assess the current state of affairs in the Haitian-American community as related to civic engagement and their political and economic impacts in New Jersey and how the State can assist the Haitian-American community within the State; analyze ways for New Jersey to establish a strong partnership and bilateral cooperation with Haiti, including, but not limited to, providing logistical and technical assistance related to access to healthcare and education and access to a fair and impartial judicial system; identify areas for economic collaboration and partnership between New Jersey and Haiti, including, but not limited to, trade promotions, investment opportunities, and cultural exchanges; and recommend policy initiatives, legislation, and programs to support economic development efforts in the Haitian-American community in this State and to support economic and cultural links in Haiti. b. The commission may authorize studies, reports, and research projects to further its objectives and consult with State agencies, the Haitian government, and international and local organizations working on political, economic, and cultural issues related to Haiti. c. The commission shall report its findings and recommendations to the Governor and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) no later than one year after the date the commission first meets and annually thereafter. d. The commission, through the Department of State, may solicit and receive grants and other funds that are made available for the commission's purposes by any governmental, public, private, not-for-profit, or for-profit entity, including funds that are made available under any federal or State law, regulation, or program. L.2025, c.54, s.3.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026