Provides for merger of New Jersey City University with Kean University; expands powers and property of Kean University.

A2139

ASSEMBLY, No. 2139

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LINDA S. CARTER

District 22 (Somerset and Union)

SYNOPSIS

���� Provides for merger of New Jersey City University
with Kean University; expands powers and property of Kean University.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning
the merger of New Jersey City University and Kean University, amending and
repealing various parts of the statutory law, supplementing P.L.2021, c.282
(C.18A:64O-1 et al.)
, and making an
appropriation
.

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

���� 1. (New section) Sections 1
through 10 of P.L.��� , c.���� (C.������ ) (pending before the Legislature as
this bill) shall be known and may be cited as the �Kean University � New Jersey
City University Merger Act.�

����
2. (New section)

The
Legislature finds and declares that:

���� a. Kean University is a public urban research
university, accredited by the Middle States Commission on Higher Education,
with campuses at three locations in New Jersey, including a main campus in
Union, a virtual campus through Kean Online, and the only public American
university campus in China at Wenzhou-Kean University, and operating under the
authority granted pursuant to the �Kean University Act,�
P.L.2021,
c.282 (18A:64O-1 et al).

���� b.
Building on a distinguished 170-year history, Kean University serves as the
State�s leading public urban research institution of higher education. In
February 2025, Kean University officially earned an R2 research university
designation under the Carnegie Classification of Institutions of Higher
Education, recognizing the university's high level of research and doctoral
activity. The university�s six colleges serve 14,000 undergraduate and
graduate students in over 50 bachelor�s degree programs, more than 70 programs
of graduate study, including seven doctoral programs, and 23 online programs at
its New Jersey-based campuses.

���� c.
In 2025, Kean University is comprised of the College of Business and Public
Management; the College of Education; the College of Health Professions and
Human Services; the College of Liberal Arts; the Michael Graves College, which
includes the Robert Busch School of Design and the School of Public
Architecture; the Dorothy and George Hennings College of Science, Mathematics
and Technology, which includes the School of Integrative Science and
Technology; and Kean Online.

���� d.
Kean University�s mission is to create a world-class, innovative, and inclusive
society through equity and excellence in teaching, learning, global research,
and impactful public engagement. Since its inception, Kean University has
focused on ensuring that students of all economic and social backgrounds gain
access to excellence in higher education by eliminating roadblocks to their
advancement.

���� e.
New Jersey City University is a 100-year old State college

located in Jersey City, New Jersey.

���� f.
In 2022, New Jersey City University reported a structural deficit of $22
million, prompting New Jersey City University�s leaders to declare a fiscal
emergency, which required the State to appropriate tens of millions of dollars
of State aid to help New Jersey City University stabilize its finances and
continue serving students. Additionally, the Office of the Secretary of Higher
Education appointed a fiscal monitor (�State Monitor�) based upon a finding of
instability in the financial condition of New Jersey City University.

���� g.
In December 2024, in response to a recommendation from the State Monitor, New
Jersey City University sought proposals from four-year public universities
accredited by the Middle States Commission on Higher Education for a potential
strategic partnership or merger that would sustain access to higher education
for the students and communities that New Jersey City University serves. Kean
University, recognizing its ability to not only address the current needs of
New Jersey City University students, but also its potential to enhance
opportunities for future students, submitted a proposal to become the strategic
merger partner of New Jersey City University.

���� h.
In March 2025, New Jersey City University�s Board of Trustees selected Kean
University�s proposal, and Kean University and New Jersey City University
exercised a letter of intent on May 15, 2025.

���� i.
Kean University has been granted broad powers as a public urban research
university to undertake activities that are necessary or desirable for higher
education purposes, including the ability to acquire property, enter into
contracts, and make decisions regarding its future development.

���� j.
Recognizing the public importance of providing higher education to residents in
New Jersey�s second most populous city, and determining that it is both
necessary and desirable for university purposes, on October 1, 2025, Kean
University and New Jersey City University entered into a merger agreement
whereby Kean University will acquire New Jersey City University.� The agreement
stipulates that, after the closing of the merger, receiving approvals from the
United States Department of Education and other regulators, and upon
notification by the President of Kean University to the Secretary of Higher
Education of New Jersey, New Jersey City University is to cease to exist as a
separate entity and shall become an additional location of Kean University.

���� k.
The preservation of New Jersey City University�s mission through a merger with
Kean University is within the public interest and has an important public
purpose, as it will preserve and advance the missions of both institutions to
uplift the communities they serve through teaching and research by dedicated
and supportive faculty, staff, and partnerships that create opportunity and
will provide enhanced educational opportunities to the students of New Jersey
City University, Hudson County, and the surrounding region.

���� l.
It is in the overwhelming public interest of the State to assist Kean
University in its merger with New Jersey City University. As such, it is the
intent and purpose of the �Kean University � New Jersey City University Merger
Act,� P.L.��� , c.���� (C.������� ) (pending before the Legislature as this
bill) to effectuate the provisions of the October 1, 2025 agreement between
Kean University and New Jersey City University in the most expeditious manner
possible.

���� m.
As of June 30, 2024, New Jersey City University�s audited financial statements
show long-term debt obligations exceeding $150,000,000 that is required to be
assumed by Kean University upon the closing of the acquisition. In addition,
New Jersey City University previously purchased various parcels of real
property that were never developed as intended, and has approximately
$43,000,000 in affiliated debt outstanding with respect to a residence hall on
the campus.� Despite attempts by New Jersey City University to sell portions of
this real estate, sufficient assets do not exist to satisfy the outstanding
debt obligations. Given the ongoing difficult financial circumstances at New
Jersey City University and the proposed assumption by Kean University of these
financial burdens, it is the purpose of the �Kean University � New Jersey City
University Merger Act,� P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill) to ease administrative and regulatory burdens
associated with this transaction to the extent reasonably possible, to allow
the merger of New Jersey City University with Kean University as expeditiously
as possible, to promote economy and efficiency in this transaction, and to
ensure the ongoing financial stability of Kean University upon its merger with�
New Jersey City University.

���� 3.
(New section)� In order to carry out the purposes of the �Kean University � New
Jersey City University Merger Act,�
P.L. , c. (C. ) (pending
before the Legislature as this bill) and ensure that the students of New Jersey
City University and the people of Hudson County can continue to benefit from a
public university located in Jersey City, Kean University shall be authorized
to merge with New Jersey City University subject to the completion of the
requirements contained in the October 1, 2025 agreement executed between the
parties and upon notification by the President of Kean University to the
Secretary of Higher Education of satisfaction of the� conditions set forth in
the agreement.

���� 4.
�� (New section)� a. Upon the merger of New Jersey City University and
Kean University, and the receipt of any required notifications and prior
approvals from the State or federal authorities and any applicable accrediting
bodies, all of the functions, powers, duties, and rights of New Jersey City
University shall be transferred and assigned to Kean University. All of New
Jersey City University�s rights, title, and interest in its colleges, schools,
institutes, and centers, its auxiliary and supporting institutions and the
campuses located in Jersey City, New Jersey, including, but not limited to, all
associated fixed tangible assets, real property, building and all furniture,
fixtures, equipment, and personal property contained therein, shall be
transferred to Kean University and shall be devoted to the purposes of public
higher education in the State in accordance with the terms of any gift, grant,
trust, contract, or other agreement with the State or any of its political
subdivisions or with the United States or with any public body, department, or
any agency of the State or the United States or with any individual, firm, or
corporation. Any transfer of property owned by the New Jersey Educational
Facilities Authority to Kean University shall be in accordance with subsection
(g) of N.J.S.18A:72A-5.

���� b.
Upon the merger of New Jersey City University and Kean University, and the
receipt of any required notifications and prior approvals from the State or
federal authorities and any applicable accrediting bodies, thereafter, if in
any law, rule, regulation, order, contract, document, judicial or
administrative proceeding or otherwise, reference is made to New Jersey City
University, the same shall mean and refer to Kean University to the extent
permitted by applicable law.

����� c.
Any
restrictions contained in any deed on any unimproved real property acquired by
Kean University from New Jersey City University pursuant to this merger shall
be null and void and of no force and effect.

����� d.
The provisions of this section shall be effectuated immediately upon the
closing of the acquisition of New Jersey City University by Kean University and
shall require no additional action on the part of Kean University.

���� 5.
(New section)� Nothing in the �Kean University � New Jersey City University
Merger Act,� P.L.��� , c.���� (C.������� ) (pending before the Legislature as
this bill) shall be construed to affect the status of the non-profit
corporation known as the New Jersey City University Foundation, which shall
continue to operate upon the merger of New Jersey City University with Kean
University for the benefit of Hudson County residents who will be attending
Kean University on the Jersey City campus.�

���� 6.
(New section)� Upon the merger of New Jersey City University and Kean
University, and the receipt of any required notifications and prior approvals
from State or federal authorities and any applicable accrediting bodies:

���� a.
All appropriations, grants, research funds, and other moneys available and to
become available to New Jersey City University are hereby transferred to Kean
University, and shall be available for the objects and purposes for which
appropriated subject to any terms, restrictions, limitations, or other
requirements imposed by the State budget and appropriations act or by State and
federal law.�

���� b.
All employees of New Jersey City University shall be considered new employees
of Kean University.� Nothing in the �Kean University � New Jersey City
University Merger Act,� P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill) shall be considered to deprive any person of any
tenure rights or academic rank acquired at New Jersey City University or any
right or protection provided under any pension law or retirement system or any
other law of this State.

���� c.
All files, books, papers, records, equipment, and other property of New Jersey
City University are hereby transferred to Kean University.

���� d.
All orders, rules, or regulations heretofore made or promulgated by New Jersey
City University shall be deemed null and void, unless Kean University, in its
sole discretion, determines that such orders, rules, or regulations shall be
continued.� Such orders, rules, and regulations, if continued, may be the
subject of any additions, deletions, revisions, or modifications issued by Kean
University in accordance with its procedures for doing so.�

���� e.�
The full number of State-funded positions allocated to New Jersey City
University in P.L.2025, c.74, the annual appropriations act for the State
fiscal year 2026, shall be transferred to Kean University.�

���� f.

Kean University shall be classified as
a public research university for purposes of determining Tuition Aid Grant
amounts provided by
the Higher Education Student Assistance
Authority.
All students enrolled at Kean University who are eligible for
Tuition Aid Grants pursuant to N.J.S.18A:71B-20 shall receive awards at the
level established by the authority for public research universities.

���� g.
All grants, appropriations, budgeted amounts, gifts, bequests, tuition,
endowments, and any other funding of any type whatsoever from any source
whatsoever which has been designated for use, or is used by New Jersey City
University, shall be allocated to Kean University.

���� h.
The State shall assist Kean University in its efforts to reduce, through
defeasance or other financial means, the debt of New Jersey City University at
the time of the merger
issued
by the New Jersey Educational Facilities Authority
and the New Jersey Economic Development Authority.

���� 7.
(New section) The
�Kean University � New Jersey City
University Merger Act,� P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill)
shall not affect any actions or proceedings,
civil or criminal, brought by or against New Jersey City University, but such
actions or proceedings may be prosecuted or defended in the same manner and to
the same effect by Kean University, as if the foregoing provisions had not
taken effect; nor shall any of the foregoing provisions affect any order or
regulation made by, or other matters or proceedings before, New Jersey City
University, and all such matters or proceedings pending before New Jersey City
University, upon the merger of New Jersey City University and Kean University,
shall be continued by Kean University, as if the foregoing provisions had not
taken effect.

���� 8.
(New section)� a. Upon the merger of New Jersey City University and Kean
University, and the receipt of any required notifications and prior approvals
from State or federal authorities and any applicable accrediting bodies, all
debts of New Jersey City University shall be transferred to Kean University,
and all creditors of New Jersey City University may enforce those debts against
Kean University in the same manner as they might have had against New Jersey
City University, and the rights and remedies of those creditors shall not be
limited or restricted in any manner by the �Kean University � New Jersey City
University Merger Act,� P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill).

����
b.� Nothing in this section shall be construed to limit the ability of
Kean University to refinance, re-amortize, restructure, or otherwise amend the
existing debt obligations of New Jersey City University upon or following the
merger.

���� 9.
(New section) a. Nothing in the �Kean University � New Jersey City University
Merger Act,� P.L.��� , c.���� (C.������� ) (pending before the Legislature as
this bill) shall be construed to deprive any employees of New Jersey City
University, upon employment with Kean University, of their rights, privileges,
obligations, or status with respect to any State pension, retirement, or health
benefits.

���� b.
Upon the merger of New Jersey City University and Kean University, and the
receipt of any required notifications and prior approvals from State or federal
authorities and any applicable accrediting bodies, employees of New Jersey City
University shall be considered as new employees of Kean University and subject
to the employment policies, procedures, rules, and regulations established by
Kean University for its existing employees.� Any collective negotiations
agreement or individual employment contract agreement between New Jersey City
University and any of its majority representatives or individual employees in
effect on the date of the merger shall be deemed expired and null and void.

���� c.
Employees of New Jersey City University who are represented for purposes of
collective negotiations shall, upon transfer of employment to Kean University,
be included within the collective negotiations unit at Kean University in which
the employee�s title has been recognized for purposes of collective
negotiations at Kean University.� Thereafter, such employees shall be entitled
to the terms and conditions of employment included in the applicable collective
negotiations agreement between Kean University and the employee�s majority
representative.� If an employee�s title is not recognized by any collective
negotiations unit at Kean University, then Kean University or any majority
representative may utilize the procedures for unit clarification established in
the regulations of the Public Employment Relations Commission to determine
whether the employee shall continue to be represented by an existing majority
representative at Kean University, or included within another Executive Branch
bargaining unit as defined by section 1 of P.L.2005, c.142 (C.34:13A-5.10)
consistent with the procedures established in the �New Jersey Employer-Employee
Relations Act,� P.L.1941, c.100 (C.34:13A-1 et seq.).����

���� d.
Nothing in the �Kean University � New Jersey City University Merger Act,�
P.L.��� , c.���� (C.������� ) (pending before the Legislature as this bill) shall
be construed to affect the Civil Service classification status, if any, of any
former employee of New Jersey City University upon employment with Kean
University.� All such employees who are employed in a Civil Service title that
is subject to a working test period pursuant to N.J.S.11A:4-15 shall be
required to undergo a working test period administered by Kean University to
determine whether the employee can satisfactorily perform the duties of the
title, in accordance with Civil Service Commission regulations.

���� e.
Nothing in the �Kean University � New Jersey City University Merger Act,�
P.L.��� , c.���� (C.������� ) (pending before the Legislature as this bill) shall
limit Kean University from taking any personnel action that may be required in
its discretion, subject to Civil Service requirements and the terms of any
applicable collective negotiations agreements, if any, including, but not
limited to, restructuring, reorganization, privatization of services, and
employee layoffs.� Kean University shall engage in good faith consultations
with affected majority representatives with respect to any restructuring,
reorganization, privatization, or employee layoffs it may seek to undertake
after assuming responsibility for New Jersey City University�s former
employees.

���� f.

Upon employment with Kean University, former
New Jersey City University employees holding a faculty position shall not
retain seniority acquired while employed by New Jersey City University.�
Notwithstanding this subsection, employees holding a faculty position who
acquired tenure with New Jersey City University pursuant to section 2 of
P.L.2013, c.235(C.18A:60-16) shall be hired by Kean University with tenure.�
Former employees of New Jersey City University holding a faculty position who
are hired with tenure by Kean University pursuant to this subsection shall
maintain their academic rank and shall not be counted toward any limitations
established on the total number of new full-time tenure-track faculty members
hired at the institution.
�

���� 10.
(New section)� Notwithstanding any other provision of law to the contrary, the
merger of New Jersey City University and Kean University shall not require any
further approval from any officer, commission, agency, or authority of the
State, except as expressly set forth in the �Kean University � New Jersey City
University Merger Act,� P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill).

���� 11.
N.J.S.18A:62-1 is amended to read as follows:

���� 18A:62-1.�
The public institutions of higher education are the
[
six state
]

five State
colleges; the�
county colleges;� the public
[
junior colleges;� the New Jersey college of medicine
and dentistry;� the college of aeronautical and airspace science established in
Atlantic County pursuant to chapter 285 of the laws of 1964; the industrial
schools;� Newark college of engineering;� Rutgers, the state university;� and
any other public
]

research

universities
[
,
colleges, county colleges
]

and
[
junior colleges
]

any other public institution of
higher education
now or hereafter established or authorized by law.

(cf:
N.J.S.18A:62-1)

���� 12. N.J.S.18A:64-10 is amended
to read as follows:

���� 18A:64-10.� The board of
trustees of each state college
and Kean University
may maintain
demonstration schools under regular teachers, in which pupils
[
of the state
colleges
]

shall have the opportunity to observe and practice approved methods of
instruction and discipline.

(cf: N.J.S.18A:64-10)

���� 13. N.J.S.18A:64-11 is amended
to read as follows:��

���� 18A:64-11.� The board of
trustees of each State college
and Kean University
is authorized and
empowered to conduct summer schools and extension courses through the
[
six
]

five

State colleges
and Kean University
for the purpose of giving further
training to the teachers in the public schools of this State and to charge fees
therefor to be collected by the treasurers of the several State colleges
and
Kean University
.�

(cf: P.L.1994, c.48, s.98)

���� 14. Section 1 of P.L.1985,
c.161 (C.18A:64-45) is amended to read as follows:

���� 1.��� There is established a
body corporate and politic, with corporate succession, to be known as the New
Jersey Association of State Colleges and Universities.
[
New Jersey
City University,
]

Kean University, Ramapo College of New Jersey,
[
Richard
]
Stockton
[
College of New
Jersey
]

University
, Thomas Edison State College, The College of New Jersey and
The William Paterson University of New Jersey shall constitute the membership
of the association.

(cf: P.L.2017, c.178, s.40)

���� 15. Section 2 of P.L.1985,
c.161 (C.18A:64-46) is amended to read as follows:

���� 2.��� The association shall
consist of
[
seven
]

six

voting members to be appointed as follows: one member from each member
institution's boards of trustees, appointed by the members thereof. In addition
the presidents of the member institutions shall serve as ex officio, nonvoting
members.

���� Members shall serve without
compensation but shall be entitled to be reimbursed for all reasonable and
necessary expenses.

(cf: P.L.2017, c.178, s.41)

���� 16.� Section 7 of P.L.2021,
c.282 (C.18A:64O-7) is amended to read as follows:

���� 7.� a.� The composition and
size of the board of trustees shall be determined by the board; however, the
board shall have not less than seven nor more than 15 members. The members
shall be appointed by the Governor with the advice and consent of the Senate.�
The board of trustees shall recommend potential new members to the Governor.�
The terms of office of appointed members shall be for six years beginning on
July 1 and ending on June 30. Each member shall serve until the member's
successor shall have been appointed and qualified and vacancies shall be filled
in the same manner as the original appointments for the remainder of the
unexpired terms.� Any member of the board of trustees may be removed by the
Governor for cause upon notice and opportunity to be heard.

���� b.��� Members of the board as
of the effective date of this act shall continue in office until the expiration
of their respective terms and the qualification in office of their successors.

���� c.���� All voting members of
the board of trustees, before undertaking the duties of their office, shall
take and subscribe an oath or affirmation to support the Constitution of the
State of New Jersey and of the United States, to bear allegiance to the government
of the State, and to perform the duties of their office faithfully, impartially
and justly, to the best of their ability.

���� d.��� Members of the board of
trustees shall not receive compensation for their services.� Each trustee shall
be reimbursed for actual expenses reasonably incurred in the performance of the
trustee's duties or in rendering service as a member of or on behalf of the
board or any committee of the board.

���� e.���� The board of trustees
shall elect its chairperson from among its voting members annually in
[
July
]

September
.�
The board shall select such other officers from among its members as shall be
deemed necessary.

���� f.���� A voting member of the
board of trustees shall not be a salaried official of the State of New Jersey,
or receive remuneration for services from the university.� If any member of the
board shall become ineligible by reason of the foregoing, a vacancy in the
member's office as trustee shall thereby occur.

���� g.��� The board of trustees
shall have the power to appoint and regulate the duties, functions, powers and
procedures of committees, standing or special, from its members and such
advisory committees or bodies as it may deem necessary or conducive to the
efficient management and operation of the university, consistent with this act
and other applicable statutes.

(cf: P.L.2021, c.282, s.7)

���� 17.� Section 8 of P.L.2021,
c.282 (C.18A:64O-8) is amended to read as follows:

���� 8.��� The board of trustees of
the university shall provide for the election of two student representatives,
who shall be full-time, regularly matriculated students in good academic
standing, and who shall be 18 years of age or older and citizens of the United
States.� The student representatives shall be elected by the members of the
student
[
government
association
]

body
to serve on the board of trustees for terms of two years commencing
at the next organization of the board.

���� a.���� A student shall be
elected for a two-year term, but shall serve during the first year as an
alternate member, and as a voting member during the second year.

����
[
Any vacancies which occur shall
be filled by the student governing body for the unexpired term only.
]

In the
event that a vacancy occurs in the voting member position, the alternate member
shall assume the position of voting member and complete the term of office of
the voting member.� In the event that a vacancy occurs in the alternate member
position, an election shall be held within 60 days to fill the alternate member
position.�
�

���� b.��� The standards for
eligibility for student representatives on the board of trustees shall be the
same as those required for other student government officers.

���� c.���� The student members
shall be entitled to full participation in all activities of the board except
that they shall not participate in:

���� (1)�� any matter involving the
employment, appointment, termination of employment, terms and conditions of
employment, evaluation of the performance of, promotion or disciplining of any
specific prospective officer or employee or current officer or employee employed
or appointed by the board, unless all the individual employees or appointees
whose rights could be adversely affected request in writing that the matter or
matters be discussed at a public meeting;

���� (2)�� any matter involving the
purchase, lease, acquisition or sale of real property with public funds, the
setting of banking rates or investment of public funds, where it could
adversely affect the public interest if discussion of these matters were
disclosed; and

���� (3)�� any pending or
anticipated litigation in which the board is, or may become, a party, where it
could adversely affect the public interest if discussion of these matters were
disclosed, or any matters falling within the attorney-client privilege, to the
extent that confidentiality is required in order for the attorney to exercise
the attorney's ethical duties as a lawyer.

���� d.��� Upon assuming office,
the students shall agree to adhere to such standards of responsibility and
confidentiality as are established by the board of trustees.

(cf: P.L.2021, c.282, s.8)

���� 18.� Section 9 of P.L.2021,
c.282 (C.18A:64O-9) is amended to read as follows:

���� 9.��� The board of trustees of
the university shall have the general supervision over and be vested with the
conduct of the university.� It shall have the power and duty to:

���� a.���� adopt
[
and
]
,
use
,
and modify, as it deems appropriate,
a corporate seal;

���� b.��� determine the
educational curriculum and program of the university
, including approving
the establishment of new educational programs, departments, or schools, and the
discontinuance of existing educational programs, departments, or schools at the
university, provided that the action is consistent with the university's
programmatic mission and that the action is reviewed by the New Jersey
President's Council pursuant to subsection c. of section 8 of P.L.1994, c.48
(C.18A:3B-8) or approved by the Secretary of Higher Education pursuant to
subsection f. of section 14 of P.L.1994, c.48 (C.18A:3B-14), as applicable
;

���� c.���� determine policies for
the organization, administration, and development of the university;

���� d.��� study the educational
and financial needs of the university, annually acquaint the Governor and
Legislature with the condition of the university, and prepare and submit an
annual request for appropriation to the Division of Budget and Accounting in
the Department of the Treasury in accordance with law;

���� e.���� disburse all moneys
appropriated to the university by the Legislature and all moneys received from
tuition, fees, auxiliary services and other sources;

���� f.���� direct and control
expenditures and transfers of funds appropriated to the university in
accordance with the provisions of the State budget and appropriation acts of
the Legislature, and, as to funds received from other sources, direct and
control expenditures and transfers in accordance with the terms of any
applicable trusts, gifts, bequests, or other special provisions, reporting
changes and additions thereto and transfers thereof to the Director of the
Division of Budget and Accounting in the Department of the Treasury. All
accounts of the university shall be subject to audit by the State at any time;

���� g.��� in accordance with the
provisions of the State budget and appropriation acts of the Legislature,
appoint and fix the compensation and term of office of a president of the
university who shall be the executive officer of the university and an ex
officio member of the board of trustees, without vote, and shall serve at the
pleasure of the board of trustees;

���� h.��� in accordance with the
provisions of the State budget and appropriation acts of the Legislature,
appoint, upon nomination of the president, such deans and other members of the
academic, administrative, and teaching staffs as shall be required and fix their
compensation and terms of employment;

���� i.���� consistent with the
provisions of its budget, this act and any and all controlling collective
bargaining agreements, have the power, upon nomination or recommendation of the
president, to appoint, remove, promote and transfer all other officers, agents,
or employees which may be required to carry out the provisions of this act and
prescribe qualifications for those positions, and assign requisite duties and
determine and fix respective compensation for those positions in accordance
with duly adopted salary program parameters;

���� j.���� grant diplomas,
certificates or degrees;

���� k.��� enter into contracts and
agreements with the State or any of its political subdivisions or with the
United States, or with any public body, department or other agency of the State
or the United States
, including any public institution of higher education
in the State or their subsidiaries or affiliates,
or with any individual,
firm or corporation which are deemed necessary or advisable by the board for
carrying out the provisions of this act.� A contract or agreement pursuant to
this subsection may require a municipality to undertake obligations and duties
to be performed subsequent to the expiration of the term of office of the
elected governing body of such municipality which initially entered into or
approved said contract or agreement, and the obligations and duties so incurred
by such municipality shall be binding and of full force and effect,
notwithstanding that the term of office of the elected governing body of such
municipality which initially entered into or approved said contract or
agreement, shall have expired;

���� l.���� exercise the right of
eminent domain, pursuant to the provisions of the "Eminent Domain Act of
1971," P.L.1971, c.361 (C.20:3-1 et seq.), to acquire any property or
interest therein;

���� m.�� adopt, after consultation
with the president and faculty, bylaws and make and promulgate such rules,
regulations, and orders, not inconsistent with the provisions of this act as
are necessary and proper for the administration and operation of the university
and the carrying out of its purposes;

���� n.��� establish fees for room
and board sufficient for the operation, maintenance, and rental of student
housing and food services facilities;

���� o.��� fix and determine
tuition rates and other fees to be paid by students;

���� p.��� accept from any
government or governmental department, agency or other public or private body
or from any other source grants or contributions of money or property which the
board may use for or in aid of any of its purposes;

���� q.��� acquire, by gift,
purchase, condemnation or otherwise, own, lease, dispose of, use and operate
property, whether real, personal or mixed, or any interest therein, which is
necessary or desirable for university purposes;

���� r.���� employ architects to
plan buildings; secure bids for the construction of buildings and for the
equipment thereof; make contracts for the construction of buildings and for
equipment; and supervise the construction of buildings;

���� s.���� manage and maintain,
and provide for the payment of all charges on and expenses in respect of, all
properties utilized by the university;

���� t.���� borrow money and to
secure the same by a mortgage on its property or any part thereof, and to enter
into any credit agreement for the needs of the university, as deemed requisite
by the board, in such amounts and for such time and upon such terms as may be
determined by the board, provided that no such borrowing shall be deemed or
construed to create or constitute a debt, liability, or a loan or pledge of the
credit or be payable out of property or funds, other than moneys appropriated
for that purpose, of the State;

���� u.��� authorize any new
program, educational department or school
[
consistent
with the programmatic mission of the institution or approved by the Secretary
of Higher Education
]
;

���� v. (1) Adopt standing
operating rules and procedures for the purchase of all equipment, materials,
supplies and services; however, no contract on behalf of the university shall
be entered into for the purchase of services, materials, equipment and supplies,
for the performance of any work, or for the hiring of equipment or vehicles,
through which the workers employed in the performance of the contract are paid
in accordance with the "New Jersey Prevailing Wage Act," P.L.1963,
c.150 (C.34:11-56.25 et seq.), where the sum to be expended exceeds
[
$33,000
]

$42,600

or the amount determined by the Governor as provided herein, unless the
university shall first publicly advertise for bids and shall award the contract
to that responsible bidder whose bid, conforming to the invitation for bids,
will be most advantageous to the university, price and other factors
considered. Such advertising shall not be required in those exceptions created
by the board of trustees of the university, which shall be in substance those exceptions
contained in sections 4 and 5 of P.L.1954, c.48 (C.52:34-9 and C.52:34-10) and
section 5 of P.L.1986, c.43 (C.18A:64-56) or for the supplying of any product
or the rendering of any service by a public utility subject to the jurisdiction
of the Board of Public Utilities of this State and tariffs and schedules of the
charges made, charged, or exacted by the public utility for any such products
to be supplied or services to be rendered are filed with the said board.

���� (2) Adopt standing operating
rules and procedures for the purchase of all equipment, materials, supplies,
and services; however, no contract on behalf of the university shall be entered
into for the purchase of services, materials, equipment, and supplies, for the
performance of any work, or for the hiring of equipment or vehicles, through
which the workers employed in the performance of the contract are not paid in
accordance with the "New Jersey Prevailing Wage Act," P.L.1963, c.150
(C.34:11-56.25 et seq.), where the sum to be expended exceeds $100,000 or the
amount determined by the Governor as provided in this subsection, unless the
university shall first publicly advertise for bids and shall award the contract
to that responsible bidder whose bid, conforming to the invitation for bids,
will be most advantageous to the university, price and other factors
considered. This advertising shall not be required in those exceptions created
by the board of trustees of the university, which shall be in substance those
exceptions contained in sections 4 and 5 of P.L.1954, c.48 (C.52:34-9 and
C.52:34-10) and section 5 of P.L.1986, c.43 (C.18A:64-56) or for the supplying
of any product or the rendering of any service by a public utility subject to
the jurisdiction of the Board of Public Utilities of this State and tariffs and
schedules of the charges made, charged, or exacted by the public utility for
any products to be supplied or services to be rendered are filed with the
board.

���� (3)�� Commencing on
[
July 1 next
following the effective date of this act
]

July 1, 2027
, and every two years thereafter, the Governor, in
consultation with the Department of the Treasury, shall adjust the threshold
amounts set forth in this subsection in direct proportion to the rise or fall
of the consumer price index for all urban consumers in the New York City and
the Philadelphia areas as reported by the United States Department of Labor.
The Governor shall notify the university of the adjustment. The adjustment
shall become effective on July 1 of the year in which it is reported.

���� (4) This subsection shall not
prevent the university from having any work performed by its own employees, nor
shall it apply to repairs, or to the furnishing of materials, supplies or
labor, or the hiring of equipment or vehicles, when the safety or protection of
its or other public property or the public convenience requires or the exigency
of the university's service will not admit of such advertisement.� In such
case, the university shall, by resolution passed by the affirmative vote of its
board of trustees, declare the exigency or emergency to exist, and set forth in
the resolution the nature and approximate amount to be expended; shall maintain
appropriate records as to the reason for such awards; and shall report
regularly to its board of trustees on all such purchases, the amounts and the
reasons therefor;

���� w.�� invest certain moneys in
such obligations, securities and other investments as the board shall deem
prudent, consistent with the purposes and provisions of this act and in
accordance with State and federal law, as follows:

���� (1)�� investment in
not-for-profit corporations or for-profit corporations organized and operated
pursuant to the provisions of subsection x. of this section may utilize income
realized from the sale or licensing of intellectual property as well as the
reinvestment of earnings on intellectual property; and

���� (2)�� investment in
not-for-profit corporations may also utilize income from overhead grant fund
recovery as permitted by federal law as well as other university funds except
those specified in paragraph (5) of subsection x. of this section;

���� x. (1) participate as the
general partner or as a limited partner, either directly or through a
subsidiary corporation created by the university, in limited partnerships,
general partnerships, or joint ventures
to support any purpose related to
the university including, but not limited to, those
engaged in the
development, manufacture, or marketing of products, technology, scientific
information or services and create or form for-profit or not-for-profit
corporations to engage in such activities; provided that any such participation
shall be consistent with the mission of the university and the board shall have
determined that such participation is prudent;

���� (2)�� the decision to
participate in any activity described in paragraph (1) of this subsection,
including the creation or formation of for-profit or not-for-profit
corporations, shall be articulated in the minutes of the board of trustees
meeting in which the action was approved;

���� (3)�� the provisions of
P.L.1971, c.182 (C.52:13D-12 et seq.) shall continue to apply to the
university, its employees, and officers;

���� (4)�� nothing herein shall be
deemed or construed to create or constitute a debt, liability, or a loan or
pledge of the credit or be payable out of property or funds of the State;

���� (5)�� funds directly
appropriated to the university from the State or derived from the university's
academic programs shall not be utilized by the for-profit or not-for-profit
corporations organized and operated pursuant to this subsection in the
development, manufacture, or marketing of products, technology or scientific
information;

���� (6)�� employees of any joint
venture, subsidiary corporation, partnership, or other jural entity
formed,

entered into
,
or owned wholly or in part by the university shall not be
deemed public employees
, however, any public employees of the university
who may be assigned to support any joint venture, subsidiary corporation,
partnership, or other jural entity formed, entered into, or owned wholly or in
part by the university shall continue to be deemed public employees
;

���� (7)�� a joint venture,
subsidiary corporation, partnership, or other jural entity entered into or
owned wholly or in part by the university shall not be deemed an
instrumentality of the State of New Jersey;

���� (8)�� income realized by the
university
[
as
a result of participation in the development, manufacture, or marketing of
products, technology, or scientific information
]

pursuant to this subsection

may be invested
[
or
]

,

reinvested
[
pursuant
to subsection w. of this section, or any other provision
]

, or
retained by the board in accordance with the provisions
of
[
this act
]

P.L.2021,
c.282 (C.18A:64O-1 et al.)
or State or federal law
[
, or retained
by the board
]

for use in furtherance of any of the purposes of
[
this act
]

P.L.2021,
c.282 (C.18A:64O-1 et al.)
or of other applicable statutes;

���� (9)�� the board shall annually
report to the State Treasurer on the operation of all joint ventures,
subsidiary corporations, partnerships, or such other jural entities entered
into or owned wholly or in part by the university;
and

����
(10) this subsection shall
apply if a joint venture, subsidiary corporation, partnership, or other jural
entity entered into or owned wholly or in part by the university, is expressly
formed, created, or owned by the university pursuant to the authority set forth
in this subsection.� Further, this subsection shall in no way be construed to
prohibit or limit the university from separately pursuing any other activities
permitted by the authority granted under P.L.2021, c.282 (C.18A:64O-1 et al.),
or separately utilizing any other powers expressly authorized by P.L.2021,
c.282 (C.18A:64O-1 et al.) for any activity consistent with the university's
institutional mission, including to participate as the general partner or as a
limited partner, either directly or through a subsidiary corporation created by
the university, in limited partnerships, general partnerships, or joint
ventures, otherwise than pursuant to this subsection;

���� y.��� sue and be sued in its
own name;

���� z.���� retain independent
counsel including representation by the Attorney General in accordance with
subsection h. of section 6 of P.L.1994, c.48 (C.18A:3B-6)
and,
notwithstanding any other provision of law to the contrary, if the university
elects not to be represented by the Attorney General in any matter in which the
university is solely responsible for any potential liability, it shall be
permitted to do so upon notice to the Attorney General
;

���� aa. (1) procure and enter into
contracts for any type of insurance and indemnify
and defend
against
loss or damage to property from any cause, including loss of use and occupancy,
against death or injury of any person, against employees' liability, against
any act of any member, officer, employee or servant of the university, whether
part-time, full-time, compensated or non-compensated in the performance of the
duties of his office or employment or any other insurable risk.� In addition,
the university
[
shall
]

may

carry its own liability insurance or maintain an actuarially sound program of
self-insurance. Any joint venture, subsidiary corporation, or partnership or
such other jural entity entered into or owned wholly or in part by the
university shall carry insurance or maintain reserves in such amounts as are
determined by an actuary to be sufficient to meet its actual or accrued claims;

���� (2)�� moneys in the fund known
as the Self-Insurance Trust Fund administered by the State Treasurer shall
continue to be available to the university solely to indemnify and defend
claims against the university and its employees, officers and servants but only
to the extent that the university has elected on behalf of itself and its
employees to obtain representation from the Attorney General pursuant to
subsection h. of section 6 of P.L.1994, c.48 (C.18A:3B-6) and such entity or
individuals would have been entitled to defense and indemnification pursuant to
the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., as a State
entity or State employee but for the provision of subsection z. of this
section.� Any expenditure of such funds shall be made only in accordance with
the provisions of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et
seq., including but not limited to the provisions of chapters 10, 10A, and 11
of Title 59 of the New Jersey Statutes.� Nothing herein shall be construed to authorize
the use of the Self-Insurance Trust Fund to indemnify or insure in any way,
directly or indirectly the activities of any joint venture, partnership or
corporation entered into or created by the university pursuant to subsection x.
of this section;

���� bb.� create auxiliary
organizations subject to the provisions of P.L.1982, c.16 (C.18A:64-26 et
seq.);

���� cc.�� adopt a code of ethics
that complies with the requirements of all statutes applicable to the
institution, including, but not limited, to the "Higher Education
Restructuring Act of 1994," P.L.1994, c.48 (C.18A:3B-1 et seq.), the
"New Jersey Conflicts of Interest Law," P.L.1971, c.182 (C.52:13D-12
et seq.), regulations of the State Ethics Commission, and any applicable
executive orders;
[
and
]

���� dd.� establish a procedure for
the confidential, anonymous submission of employee concerns regarding alleged
wrongdoing at the university
; and

����
ee.
Merge or consolidate, including through or with subsidiary corporations
created by the university, with one or more other nonprofit corporations formed
and operated primarily for educational purposes and exempt under paragraph (3)
of subsection (c) of section 501 of the federal Internal Revenue Code of 1986
(26 U.S.C. s.501(c)(3)) or with one or more public institutions of higher
education of the State of New Jersey, as the board of trustees may determine,
but consistent with the public purposes of the corporation or public
institution of higher education, and shall assume any vested rights, grants,
charter rights, privileges, exemptions, immunities, powers, prerogatives,
franchises or advantages, debts, or liabilities of the nonprofit corporation or
public institution of higher education.

����
A
merger or consolidation with a subsidiary corporation created by the university
pursuant to this subsection occurring after the effective date of P.L.��� ,
c.���� (C.������� ) (pending before the Legislature as this bill) shall not
require approval of the Office of the Attorney General.

(cf: P.L.2023, c.252, s.3)

���� 19.� Section 11 of P.L.2021,
c.282 (C.18A:64O-11) is amended to read as follows:

���� 11. a. The university is
authorized to be a participating contracting unit in a cooperative pricing
system
or a joint purchasing agreement
� established pursuant to the laws
of this State.

���� b.��� The university may make
purchases and contract for services through the use of a nationally-recognized
and accepted cooperative purchasing agreement, including a cooperative
purchasing agreement in existence as of the effective date of P.L.2016, c.50
(C.18A:64-63.1 et al.), in accordance with the provisions of paragraph (3) of
subsection b. of section 7 of P.L.1996, c.16 (C.52:34-6.2).

���� c.���� The State Treasurer may
promulgate rules and regulations pursuant to the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), which are necessary to
effectuate the purposes of this section.

(cf: P.L.2021, c.282, s.11)

���� 20.� Section 13 of P.L.2021,
c.282 (C.18A:64O-13) is amended to read as follows:

���� 13. The university shall
maintain an Internet website for the board of trustees. The purpose of the
website shall be to provide increased public access to board operations and
activities. The website shall be updated on a regular basis.� The following information
shall be posted on the board's website:

���� a.���� the board's rules,
regulations, resolutions, and official policy statements;

���� b.��� notice, posted at least
five business days prior to a meeting of the board
[
or any of its committees
]
, setting
forth the time, date, location, and agenda of the meeting;

���� c.���� the minutes of each
meeting of the board
[
and
its committees
]
;
and

���� d.��� information on any
contract entered into by the board that was not competitively bid and the
statutory authority for the contracting process.

(cf: P.L.2021, c.282, s.13)

���� 21.� Section 16 of P.L.2021,
c.282 (C.18A:64O-16) is amended to read as follows:

���� 16. No trustee or officer of
the university shall be personally liable for any debt, obligation, or other
liability of the university or incurred by or on behalf of the university or
any constituent unit
, subsidiary, or affiliate
thereof.

(cf: P.L.2021, c.282, s.16)

���� 22.� Section 21 of P.L.2021,
c.282 (C.18A:64O-21) is amended to read as follows:

���� 21. Upon the establishment of
the body corporate and politic known as Kean University:

���� a.���� all appropriations,
grants, debt service, research funds, and other monies available to Kean
University prior to the effective date of
[
this
act
]

P.L.2021,
c.282 (C.18A:64O-1 et al.)
and to become available shall be transferred to
the university by the Director of the Division of Budget and Accounting in the
Department of the Treasury and shall be available for the objects and purposes
for which appropriated, subject to any terms, restrictions, limitations or
other requirements imposed by the State budget;

���� b.��� all other grants, gifts,
other moneys and property available to Kean University prior to the effective
date of
[
this
act
]

P.L.2021, c.282 (C.18A:64O-1 et al.)
and to become available to or for
Kean University shall be transferred to the university and shall be available
for the objects and purposes of the university, subject to any terms,
restrictions, limitations or other requirements imposed by State and federal
law or otherwise;

���� c.���� all employees of Kean
University prior to the effective date of
[
this
act
]

P.L.2021,
c.282 (C.18A:64O-1 et al.)
shall become employees of the university.�
Nothing in
[
this
act
]

P.L.2021,
c.282 (C.18A:64O-1 et al.)
shall be construed so as to deprive any person
of any right of tenure or under any retirement system or to any pension,
disability, social security or similar benefit, to which the person is entitled
by law or contractually.� All persons employed at Kean University shall
continue to be represented by the majority representative that represented them
on the effective date of this act, shall continue to be represented by the
executive branch Statewide collective negotiations units they were in on the
effective date of
[
this
act
]

P.L.2021,
c.282 (C.18A:64O-1 et al.)
, and shall continue to be covered by the
collective negotiations agreements that were in effect on the effective date of
this act.� Pursuant to section 12 of P.L.1986, c.42 (C.18A:64-21.1), the
Governor shall continue to function as the public employer under the "New
Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et
seq.), for persons employed at Kean University.� The executive branch Statewide
collective negotiations units referenced in this section are the units
specified in subsection b. of section 1 of P.L.2005, c.142 (C.34:13A-5.10).�

���� The employees of Kean
University employed on the effective date of
[
this
act
]

P.L.2021,
c.282 (C.18A:64O-1 et al.)
shall not be considered new employees for any
purpose and shall retain any accrued seniority, rank, and tenure, which shall
be applied when determining eligibility for all benefits, including all paid
leave time, longevity increases, promotions and health benefits.� Nothing in
[
this act
]

P.L.2021,
c.282 (C.18A:64O-1 et al.)
shall be construed to deprive any person
employed at Kean University of any tenure rights or to in any manner affect the
tenure, rank, or academic track of any employees holding a faculty position.�
Such tenure, rank and academic track shall continue to be through Kean
University and shall be held or granted pursuant to the authority of the board
of trustees of Kean University for all current and future employees employed at
Kean University.� Nothing in
[
this
act
]

P.L.2021,
c.282 (C.18A:64O-1 et al.)
shall be construed to deprive any officers or
employees employed at Kean University of their rights, privileges, obligations
or status under any pension, retirement, health benefits system, civil service
law or any other law of this State;

���� d.��� all files, papers,
records, equipment and other personal property of Kean University shall be
transferred to the university;
[
and
]

���� e.���� all orders, rules or
regulations theretofore made or promulgated by Kean University shall continue
in full force and effect as the orders, rules and regulations of the university
until amended or repealed by the university
; and

����
f.� Any person who becomes
an employee of Kean University or a subsidiary corporation of the university
other than a subsidiary corporation expressly formed pursuant to subsection x.
of section 9 of P.L.2021, c.282 (C.18A:64O-9) through a merger or consolidation
with another entity, shall be deemed a public employee and shall, as
applicable, become a member of the Statewide collective negotiations unit which
encompasses the employee's position and shall be represented by the majority
representatives of that unit
.

(cf: P.L.2021, c.282, s.21)

���� 23.� Section 24 of P.L.2021,
c.282 (C.18A:64O-24) is amended to read as follows:

���� 24.
a
. The general
powers of supervision and control of the Secretary of Higher Education at the
request of the Governor over Kean University include the power to visit the
university to examine into its manner of conducting its affairs and to enforce
an observance of
[
its
laws and regulations and
]

the laws of the State.

����
b.� Notwithstanding any
other provision of law to the contrary, Kean University, through its board of
trustees, shall have the care, custody, control, and title of such property
acquired through a merger or consolidation occurring on or after the effective
date of P.L.��� , c.���� (C.������� ) (pending before the Legislature as this
bill), including through or with a subsidiary corporation created by the
university, with one or more other nonprofit corporations formed and operated
primarily for educational purposes and exempt under paragraph (3) of subsection
(c) of section 501 of the Internal Revenue Code (26 U.S.C. s.501(c)(3)) or with
a public institution of higher education, subject to the visitorial powers of
the Secretary of Higher Education at the request of the Governor. Any transfer
of property owned by the New Jersey Educational Facilities Authority to the
university shall be in accordance with subsection (g) of N.J.S.18A:72A-5.

(cf: P.L.2021, c.282, s.24)

���� 24. Section 3 of P.L.1969,
c.142 (C.18A:71-30) is amended to read as follows:

���� 3.��� As used in this act,
unless the context clearly indicates otherwise, the following terms shall have
the following meanings:

���� (a)�� The term
"board" shall mean the Board of Directors of the New Jersey
Educational Opportunity Fund created by section 4 of P.L.1968, c.142
(C.18A:71-31).

���� (b)�� (Deleted by amendment,
P.L.1994, c.48).

���� (c)�� The term
"department" shall mean the Department of State.

���� (d)�� The term
"fund" shall mean the New Jersey Educational Opportunity Fund created
by section 4 of P.L.1968, c.142 (C.18A:71-31).

���� (e)�� The term "higher
education" shall mean that education which is provided by any or all of
the public institutions of higher education as herein defined or any or all
equivalent private institutions.

���� (f)�� The term "public
institutions of higher education" shall mean and include Rutgers, The
State University, the New Jersey Institute of Technology, Rowan University,
Montclair State University, Kean University, the
[
six
]

five
State colleges, the
county colleges, and any other public universities, colleges or county colleges
now or hereafter established or authorized by law.

(cf: P.L.2021, c.282, s.57)

����� 25. N.J.S.18A:64-6 is amended to read as
follows:

����� 18A:64-6.�
The board of trustees of a State college shall have general supervision over
and shall be vested with the conduct of the college.� It shall have the power
and duty to:

����� a.�� Adopt
and use a corporate seal;

����� b.�� Determine
the educational curriculum and program of the college consistent with the
programmatic mission of the institution or approved by the Commission on Higher
Education;

����� c.�� Determine
policies for the organization, administration and development of the college;

����� d.�� Study
the educational and financial needs of the college; annually acquaint the
Governor and Legislature with the condition of the college; and prepare and
present the annual budget to the Governor, the Division of Budget and
Accounting in the Department of the Treasury and the Legislature in accordance
with law;

����� e.�� Disburse
all moneys appropriated to the college by the Legislature and all moneys
received from tuition, fees, auxiliary services and other sources;

����� f.��� Direct
and control expenditures and transfers of funds appropriated to the college and
tuition received by the college, in accordance with the provisions of the State
budget and appropriation acts of the Legislature, reporting changes and
additions thereto and transfers thereof to the Director of the Division of
Budget and Accounting in the State Department of the Treasury and as to funds
received from other sources, direct and control expenditures and transfers in
accordance with the terms of any applicable trusts, gifts, bequests, or other
special provisions.� All accounts of the college shall be subject to audit by
the State at any time;

����� g.�� In
accordance with the provisions of the State budget and appropriation acts of
the Legislature, appoint and fix the compensation of a president of the
college, who shall be the executive officer of the college and an ex officio
member of the board of trustees, without vote, and shall serve at the pleasure
of the board of trustees;

����� h.�� Notwithstanding
the provisions of Title 11, Civil Service, of the Revised Statutes, upon
nomination by the president appoint a treasurer and such deans and other
professional members of the academic, administrative and teaching staffs as
defined in section 13 of P.L.1986, c.42 (C.18A:64-21.2) as shall be required
and fix their compensation and terms of employment in accordance with salary
ranges and policies which shall prescribe qualifications for various
classifications and shall limit the percentage of the educational staff that
may be in any given classification;

����� i.��� Upon
nomination by the president, appoint, remove, promote and transfer such other
officers, agents or employees as may be required for carrying out the purposes
of the college and assign their duties, determine their salaries and prescribe
qualifications for all positions, all in accordance with the provisions of
Title 11, Civil Service, of the Revised Statutes;

����� j.��� Grant
diplomas, certificates and degrees;

����� k.�� Pursuant
to the provisions of the "State College Contracts Law," P.L.1986,
c.43 (C.18A:64-52 et seq.) enter into contracts and agreements for the purchase
of lands, buildings, equipment, materials, supplies and services; enter into
contracts and agreements with the State or any of its political subdivisions or
with the United States, or with any public body, department or other agency of
the State or the United States or with any individual, firm, or corporation,
which are deemed necessary or advisable by the board for carrying out the
purposes of the college;

����� l.��� If
necessary, take and condemn land and other property in the manner provided by
the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.),
whenever authorized by law to purchase land or other property;

����� m.� Adopt,
after consultation with the president and faculty, bylaws and make and
promulgate such rules, regulations and orders, not inconsistent with the
provisions of this article, that are necessary and proper for the
administration and operation of the college and the carrying out of its
purposes;

����� n.�� Establish
fees for room and board sufficient for the operation, maintenance, and rental
of student housing and food service facilities;

����� o.�� Fix
and determine tuition rates and other fees to be paid by students;

����� p.�� Accept
from any government or governmental department, agency or other public or
private body or from any other source grants or contributions of money or
property, which the board may use for or in aid of any of its purposes;

����� q.�� Acquire
by gift, purchase, condemnation or otherwise, own, lease, dispose of, use and
operate property, whether real, personal or mixed, or any interest therein,
which is necessary or desirable for college purposes;

����� r.��� Employ
architects, engineers, consultants, and other professionals to plan buildings,
consistent with the provisions of the "Building Design Services Act,"
P.L.1989, c.277 (C.45:4B-1 et seq.); secure bids for the construction of
buildings and for the equipment thereof; make contracts for the construction of
buildings and for equipment; and supervise the construction of buildings;

����� s.��� Manage
and maintain, and provide for the payment of all charges and expenses in
respect to all properties utilized by the college;

����� t.��� Borrow
money for the needs of the college, as deemed requisite by the board, in such
amounts, and for such time and upon such terms as may be determined by the
board, provided that this borrowing shall not be deemed or construed to create
or constitute a debt, liability, or a loan or pledge of the credit, or be
payable out of property or funds, other than moneys appropriated for that
purpose, of the State;

����� u.�� Authorize
any new program, educational department or school consistent with the
institution's programmatic mission or approved by the commission;

����� v.�� (Deleted
by amendment, P.L.1994, c.48);

����� w.� Pursuant
to the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et
seq.), award contracts and agreements for the purchase of goods and services,
as distinct from contracts or agreements for the construction of buildings and
other improvements, to that responsible bidder whose bid, conforming to the
invitation for bids, will be most advantageous to the State college, price and
other factors considered;
[
and
]

����� x.�� Pursuant
to the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et
seq.), award contracts and agreements for the construction of buildings and
other improvements to the lowest responsible bidder, whose bid, conforming to
the invitation for bids, will be the most advantageous to the State college
;
and

�����
y.

retain independent counsel including representation by the
Attorney General in accordance with subsection h. of section 6 of P.L.1994,
c.48 (C.18A:3B-6) and, notwithstanding any other provision of law to the
contrary, if the State college elects not to be represented by the Attorney
General in any matter in which the State college is solely responsible for any
potential liability, it shall be permitted to do so upon notice to the Attorney
General
.

(cf:
P.L.2021, c.417, s.1)

����� 26. (New section) There is appropriated from
the General Fund to Kean University the sum of $25,000,000 to effectuate the
purposes of this act.

���� 27.� Sections 1 through 3 of
P.L.2000, c.41 (C.18A:72O-1 through C.18A72O-3) are repealed.�

���� 28.� This act shall take
effect immediately

STATEMENT

���� ���� This
bill provides for the merger of New Jersey City University with Kean University
and expands the powers and property of Kean University.� The bill appropriates
$25 million to Kean University.

����
The bill authorizes Kean University
to merge with New Jersey City University subject to the completion of the
requirements contained in the October 1, 2025 agreement executed between the
two institutions of higher education and upon notification by the President of
Kean University to the Secretary of Higher Education of satisfaction of certain
conditions within the agreement.

���� The
bill further provides that:

�

all
of the functions, powers, duties, and rights of New Jersey City University are
to be transferred and assigned to Kean University;

�

all
of New Jersey City University�s rights, title, and interest in its colleges,
schools, institutes, and centers, its auxiliary and supporting institutions and
the campuses located in Jersey City, New Jersey are to be transferred to Kean
University; and���

�

all
references to New Jersey City University in any law, rule, regulation, order,
contract, document, judicial or administrative proceeding, or otherwise are to
mean Kean University.��

���� The bill provides that any New
Jersey City University property owned by the New Jersey Educational Facilities
Authority and transferred to Kean University is to be in accordance with
certain State law.�

The
bill nullifies any restrictions contained in any deed on any unimproved real
property acquired by Kean University from New Jersey City University pursuant
to the merger.� The bill clarifies that certain provisions in the bill relating
to property are to be effectuated immediately upon the closing of the
acquisition of New Jersey City University by Kean University and will require
no additional action on the part of Kean University.�

���� The
bill directs all State governmental entities to take all necessary steps to
effectuate this merger in transferring all of New Jersey City University�s
interests to Kean University.

���� The
bill further provides that Kean University is to receive:

�

all
appropriations, grants, research funds, and other moneys available and to
become available to New Jersey City University; and

�

all
files, books, papers, records, equipment, and other property of New Jersey City
University.�

���� The
bill provides that Kean University is to receive the full number of
State-funded positions at New Jersey City University in fiscal year 2026.� The
bill also includes a commitment from the State to assist Kean University in its
efforts to reduce, through defeasance or other financial means, the debt of New
Jersey City University held by the New Jersey Educational Facilities Authority
and the New Jersey Economic Development Authority.

���� The
bill includes language providing the level at which students receiving Tuition
Aid Grants are to be supported.

���� Under
the bill, all orders, rules, and regulations of New Jersey City University are
to be deemed null and void, unless continued by Kean University.

���� The
bill provides that Kean University is to represent New Jersey City University
in any civil or criminal actions or proceedings.�

���� The
bill includes various provisions pertaining to the employees of New Jersey City
University, who are to be considered new employees of Kean University.
�
Under the bill, these employees are to:

�

retain
certain rights with respect to State benefits and any tenure rights or academic
rank acquired at New Jersey City University;

�

be
subject to the employment policies of Kean University;

�

be
transferred to the appropriate collective negotiations units at Kean
University; and

�

maintain
their Civil Service classification status, if appropriate.

The bill provides
that upon employment with Kean University, former New Jersey City University
employees holding a faculty position will not retain seniority acquired while
employed by New Jersey City University.� Employees holding a faculty position
who acquired tenure with New Jersey City University are to be hired by Kean
University with tenure.� Former employees of New Jersey City University holding
a faculty position who are hired with tenure by Kean University are to maintain
their academic rank and are not to be counted toward any cap established on the
total number of new full-time tenure-track faculty members hired at the
institution.� The bill provides that the merger of New Jersey City University and
Kean University will not require any further approval from any officer,
commission, agency, or authority of the State.

���� Under the bill, Kean
University will have the care, custody, control, and title of any property the
institution acquires as part of a merger or consolidation with another
nonprofit corporation formed and operated primarily for educational purposes or
with a public institution of higher education, subject to the visitorial powers
of the Secretary of Higher Education at the request of the Governor and the
conveyance terms for any property owned by the New Jersey Educational
Facilities Authority.

���� The bill revises existing law
to provide that the Kean University board of trustees is to elect its
chairperson annually in September, rather than July.

���� The bill provides that a
student representative on the Kean University board of trustees is to be
elected through a vote of the student body, rather than a vote of the student
government association, and revises how vacancies in these positions are to be
filled.�

���� The bill makes numerous
changes, clarifications, and additions to the powers and duties of the board of
trustees of Kean University, including the power or duty to:

�

merge or consolidate with another nonprofit corporation formed
and operated primarily for educational purposes, or with another public
institution of higher education and to assume all vested rights, grants,
charter rights, privileges, exemptions, immunities, powers, prerogatives,
franchises or advantages, debts, or liabilities of the institution being
acquired;

�

modify its corporate seal;

�

approve the establishment or discontinuance of educational
programs, departments, or schools;

�

�enter into contracts and agreements with other public
institutions of higher education and their subsidiaries and affiliates;

�

merge or consolidate, including through or with subsidiary
corporations created by the university, with one or more other nonprofit
corporations; and

�

authorize any other new program, educational department, or
school.

���� The bill further:

�

provides that any public employees of the university who may be
assigned to support any joint venture, subsidiary corporation, partnership, or
other jural entity of the university will continue to be deemed public
employees;

�

provides that the university may elect to not be represented by
the Attorney General in any matter in which the university is solely
responsible for any potential liability;

�

removes a requirement that the university carry its own liability
insurance;�

�

provides that mergers or consolidations with subsidiary
corporations created by the university after the bill�s effective date will not
require the approval of the Office of the Attorney General;

�

authorizes Kean University to be a participating contracting unit
in a joint purchasing agreement;

�

removes a requirement that notice be posted prior to a meeting of
any committees of the Kean University board of trustees on the university�s
website;

�

removes a requirement that the minutes of meetings of any
committees of Kean University�s board of trustees be posted on the university�s
website;

�

extends the law protecting any trustee or officer of Kean
University from personal liability for any debt, obligation, or liability of
the university to any debt, obligation, or liability incurred by or on behalf
of a university subsidiary or affiliate; and

�

maintains the current structure for the Statewide collective
negotiations units at Kean University, and clarifies that any person who
becomes an employee of Kean University or a subsidiary corporation of the
university through a merger or consolidation with another entity, is to be
deemed a public employee, become a member of the Statewide collective
negotiations unit which encompasses the employee�s position as applicable, and
be represented by the majority representatives of that unit.

���� The bill repeals the law
establishing the Henry John Raimondo Chair in Urban Public Policy Research at
New Jersey City University.

���� The bill amends the section of
law on the powers and duties of the boards of trustees of State colleges to
provide them the ability to retain independent counsel including representation
by the Attorney General and, if the State college elects not to be represented
by the Attorney General in any matter in which the university is solely
responsible for any potential liability, it is permitted to do so upon notice
to the Attorney General.