Concerns New Jersey Black Cultural and Heritage Initiative Foundation; requires annual appropriation.

S3914

SENATE, No. 3914

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 12, 2026

Sponsored by:

Senator� ANGELA V. MCKNIGHT

District 31 (Hudson)

SYNOPSIS

���� Concerns New Jersey Black Cultural and Heritage
Initiative Foundation; requires annual appropriation.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning municipal communications and
supplementing Title 40 of the Revised Statutes.

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

���� 1.��� Section 1 of P.L.2005,
c.47 (C.52:16A-90) is amended to read as follows:

���� 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.

(cf: P.L.2005, c.47, s.1)

���� 2.��� Section 2 of P.L.2005,
c.47 (C.52:16A-91) is amended to read as follows:

���� 2.��� The New Jersey Black
[
Cultural and
]
Heritage
[
Initiative
]
Foundation
shall be governed by a board of trustees consisting of the following
[
25
]

12
members:

���� a.�
(1) the Governor or
designee; and

����
(2)
� the Secretary of
State or designee;

���� b.��� five State employees or
special State officers, who shall be selected from, and appointed by the
Secretary of State to represent any
[
or
all,
]

of the following State partner organizations:

���� (1)� New Jersey State Council
on the Arts;

���� (2)� New Jersey Historical
Commission;

���� (3)� New Jersey Council of the
Humanities;

���� (4)� New Jersey Public
Broadcasting Commission;

���� (5)� Martin Luther King
Commemorative Commission;

���� (6)� Amistad Commission;

���� (7)� Department of Education;

���� (8)� Division of Travel and
Tourism, Department of State;

���� (9)� Department of Community
Affairs;

���� (10)� Department of
Transportation;

���� (11)� Department of State,
Office of Faith-based Initiatives; and

���� (12)� any other State agency
or instrumentality partnering, assisting or supporting the purposes of the
foundation.

����
[
The State partner members of the
board of trustees appointed pursuant to this subsection shall serve at the
pleasure of the Secretary of State
]

A member of the board of trustees who is appointed pursuant to this
subsection to represent a State partner organization, described in paragraphs
(1) through (6) of this subsection, shall serve a term of five years
.

���� c.����
[
Nineteen
]

Five

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
]

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
]

member
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
]

five

years, with each member continuing to serve upon expiration of the term until
replaced.�
[
Three
of the initial public members appointed by the Secretary of State and two of
the public members initially elected by member organizations shall serve
initial terms of two years.
]
�

���� Vacancies shall be filled and
replacements made as provided in the bylaws of the foundation.

(cf: P.L.2007, c.253, s.11)

���� 3.��� Section 3 of P.L.2005,
c.47 (C.52:16A-92) is amended to read as follows:

���� 3.��� The foundation's board
of trustees shall
[
be
authorized
]
,
within the limits of its own funds,
[
to
]
employ an
executive director
appointed by the board of trustees
and professional,
technical and administrative personnel.� Employees of the foundation shall not
be construed to be employees of the State of New Jersey.� The board shall also
be authorized to contract for such professional and administrative services as
it shall deem necessary.� No member of the board of trustees shall engage in
any business transaction or professional activity for profit with the
Department of State.

(cf: P.L.2005, c.47, s.3)

���� 4.��� Section 5 of P.L.2005,
c.47 (C.52:16A-94) is amended to read as follows:

���� 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.

(cf: P.L.2022, c.102, s.3)

���� 5.��� Section 6 of P.L.2005,
c.47 (C.52:16A-95) is amended to read as follows:

���� 6.���
a.
� The
Department of State is authorized to provide financial assistance and those
services of employees of the State which may be required to form and
incorporate the foundation within the limits of funds appropriated to the
Department of State or made available to the Department of State by
contribution, gift, donation or otherwise for these purposes.� Once the
foundation is incorporated, it may apply for grants in aid from any department
or instrumentality of the State of New Jersey.

����
b.��� The executive
director of the foundation shall prepare and submit an annual funding request
outlining the proposed budget of the foundation for the upcoming fiscal year to
the Governor and the Office of Management and Budget in the Department of the
Treasury.� The Legislature shall annually appropriate to the New Jersey Black
Heritage Foundation such sums as are necessary for the operation of the
foundation, which shall not be less than $500,000, for the State Fiscal Year
2023 and each subsequent fiscal year.�

(cf: P.L.2005, c.47, s.6)

���� 6.��� Section 7 of P.L.2005,
c.47 (C.52:16A-96) is amended to read as follows:

���� 7.��� All expenses incurred by
the foundation shall be payable from funds raised by
, or appropriated to,

the foundation,
[
and
]

but
no
liability or obligation, in tort or contract, shall be incurred by the State
for the operation of the foundation.� The foundation shall obtain private
counsel, and shall not be represented by the Attorney General or indemnified by
the State of New Jersey.

(cf: P.L.2005, c.47, s.7)

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

STATEMENT

���� This bill changes the names of
the New Jersey Black Cultural and Heritage Initiative and the New Jersey Black
Cultural and Heritage Initiative Foundation to the New Jersey Black Heritage
Initiative and New Jersey Black Heritage Foundation, respectively.

���� The bill reduces the total
number of members on the board of trustees of the New Jersey Black Heritage
Foundation from 25 to 12 by decreasing the number of public members from 19 to
five.� The bill also adds the Governor or the Governor�s designee as a members
of the board of trustees.� The bill increases the term of office for public
members of the board of trustees from three years to five years; members of the
board of trustees who represent State partner organizations would serve
five-year terms.

���� The bill necessitates that the
board of trustees employ an executive director of the foundation within the
limits of the foundation�s available funds.� The bill requires the executive
director to submit an annual funding request outlining the foundation�s
proposed budget for the upcoming fiscal year to the Governor and the Office of
Management and Budget in the Department of the Treasury.� The bill establishes
an annual appropriation of $500,000 to the foundation for its operations.� All
expenses shall be paid from funds raised by, or appropriated to, the
foundation.