ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 3604

STATE OF NEW JERSEY

214th LEGISLATURE

  ADOPTED DECEMBER 9, 2010

 


 

Sponsored by:

Assemblyman  LOUIS D. GREENWALD

District 6 (Camden)

Assemblyman  ALEX DECROCE

District 26 (Morris and Passaic)

Assemblyman  UPENDRA J. CHIVUKULA

District 17 (Middlesex and Somerset)

 

Co-Sponsored by:

Senators Sweeney and Kyrillos

 

 

 

 

SYNOPSIS

     Authorizes transfer of certain assets of State’s public broadcasting system to an entity eligible to operate a public broadcasting system.

 

CURRENT VERSION OF TEXT

     Substitute as adopted by the Assembly State Government Committee.

  

 

 

 


An Act concerning the State’s public broadcasting system, supplementing Title 48 of the Revised Statutes, amending and repealing various parts of the statutory law.

 

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

 

     1. (New section) Sections 1 through 9, sections 14 through 15 and sections 22 through 24 of this act shall be known and may be cited as the “New Jersey Public Broadcasting System Transfer Act.”

 

     2. (New section) The Legislature finds and declares that:

     a.     In 1968, the Legislature passed and then Governor Richard J. Hughes signed the “New Jersey Public Broadcasting Authority Act of 1968,” P.L.1968, c.405 (C.48:23-1 et seq.), establishing the New Jersey Public Broadcasting Authority (“authority”), the current operator of New Jersey Network Public Television and Radio (“NJN”), in response to the inability of commercial and public broadcasters to adequately cover public affairs in the State.  Further, in 1990, the Legislature passed and then Governor Thomas H. Kean signed P.L.1990, c.114 (C.48:23-13 et al.), authorizing the establishment of the Foundation for New Jersey Public Broadcasting (“foundation”) as NJN’s fundraising arm.

     b.    While this structure has served the State by building a broadcast network that assists in meeting the information and entertainment needs of our citizens, the current fiscal crisis confronting the State, and the inherent difficulties in operating an essentially creative, artistic, cultural, educational, and public affairs entity under the control of a State authority clearly necessitated a thorough re-examination of the State's role in public broadcasting.

     c.     In light of the aforesaid fiscal, structural, and operational challenges, the Fiscal Year 2011 appropriations law, passed by the Legislature and signed by the Governor on June 29, 2010 (P.L.2010, c.35), significantly reduced State support for public broadcasting services.

     d.    Because of a concern that the best interests of the citizens could be harmed by any wholesale elimination of public broadcasting, the Legislature created the “Legislative Task Force on Public Broadcasting,” which was charged with evaluating a potential transition of New Jersey public broadcasting assets to a non-profit entity.  The task force concluded that such entity should: (1) continue to provide New Jersey-centric programming; (2) operate Statewide; (3) implement the use of new technology; and (4) provide independent, civic journalism.

     e.     It is therefore necessary and in the public interest to establish a legal structure within which the transfer, either by sale or lease, of the State’s public broadcasting system,  or delegation by contract of the responsibility for operating that system, to a nonprofit corporation or other entity eligible to operate a public broadcasting system, in any form, including, but not limited to, a transfer of its assets, including its radio operating licenses, retention of its television operating licenses, or transfer of responsibility for its operations, or an interest in them, may be accomplished in a timely manner that provides maximum benefits for the citizens of the State while, at the same time, minimizing disruption to affected employees and other interested parties. 

     f.  Because of the speculative nature of the value of the television operating license currently held by the authority, it is in the public interest for the authority to retain the television operating licenses.

     g.     Moreover, while it is important to consider and provide for a potential asset transfer to a nonprofit corporation or similar entity, it is also in the public interest to authorize the State Treasurer to explore alternative paths to such a transfer, including, but not limited to, the outright sale of some or all of the assets of the authority.

 

     3.  (New section) a. The New Jersey Public Broadcasting Authority created pursuant to P.L.1968, c.405 (C.48:23-1 et seq.) shall undertake all acts necessary to accomplish the transfer of the State’s public broadcasting system to a nonprofit corporation or other entity eligible to operate a public broadcasting system as authorized by P.L.    , c.    (C.       ) (pending before the Legislature as this bill), including, but not limited to, applying or assisting in applying to the Federal Communications Commission (“FCC”) or other governmental entity for any required approval, executing any authorization or authorizations required to implement such transfer, other than the transfer of the television licenses, and seeking any other approval or approvals as may be necessary and convenient to accomplish the transfer. 

     b.  All State departments and agencies, boards, commissions, and authorities, as well as all municipal and county governing bodies, boards, commissions, and authorities, shall cooperate fully with the transfer authorized by P.L.    , c.    and facilitate the transfer of assets, the rendering of approvals, and all other acts necessary or convenient to accomplish the transfer. 

     c.  The State Treasurer is authorized to retain any consultants, experts, brokers, advisors, or other professionals whose services may be necessary in order to effectuate the transaction or transactions contemplated by P.L.    , c.   , and there are appropriated such sums as may be necessary for such fees and services, as well as any other costs determined to be necessary to effectuate such transaction or transactions, subject to the approval of the Director of the Division of Budget and Accounting in the Department of the Treasury and the Joint Budget Oversight Committee, or its successor.

     d.  Notwithstanding the provisions of subsection a. of this section, the State Treasurer shall not transfer the television operating licenses currently held by the authority, but may transfer the radio operating licenses currently held by the authority.

 

     4.    (New section)  a.  The State Treasurer, in consultation with the authority, shall prepare a complete written inventory identifying the public broadcasting system’s assets and liabilities appropriate for transfer or sale pursuant to sections 5 and 6 of P.L.    ,                        c.    (C.       ).  The inventory shall include a description and recommendations, if any, concerning the most appropriate mechanism or mechanisms through which a transfer of such assets and liabilities to a qualifying nonprofit corporation or one or more sales to another entity or entities pursuant to P.L.    , c.    should be accomplished.  The inventory shall be completed and copies of the inventory shall be delivered to the Governor, the Speaker of the General Assembly, and the President of the Senate. 

     b.    Any assets or properties owned by the State or any department, agency, board, authority, or commission thereof or any county or municipal board, commission, or authority used in the operation of the public broadcasting system or an interest therein, may be leased or licensed, in lieu of an assignment or transfer of such assets or properties, except as may otherwise be prohibited or limited by the terms of any debt issued to acquire such assets or properties, as determined by the State Treasurer.

 

     5.    (New section) a. (1) The State Treasurer is authorized to receive one or more proposals to transfer all or any part of the assets of the authority, including, but not limited to, the radio operating licenses, but not including the television operating licenses, to a nonprofit corporation.

     (2) Upon selecting a proposal pursuant to this subsection, the State Treasurer shall negotiate a contract to transfer all or any part of the assets of the authority, including, but not limited to, the radio operating licenses, but not including the television operating license, to a selected nonprofit corporation and submit the negotiated contract to the Legislature pursuant to subsection g. of this section.

     b.  Any transfer or transfers authorized pursuant to subsection a. of this section shall not occur unless the State Treasurer determines, upon application by or on behalf of the nonprofit corporation, if a nonprofit corporation is selected, that:

     (1)   The nonprofit corporation is an educational and charitable corporation validly existing and in good standing under the “New Jersey Nonprofit Corporation Act,” P.L.1983, c.127 (N.J.S.15A:1-1 et seq.) and is incorporated, organized and operated in such a manner as to qualify as a nonprofit corporation described in section 501(c)(3) of the federal Internal Revenue Code, 26U.S.C. s.501(c)(3) or any successor provision that is exempt from taxation pursuant to section 501(a) of the federal Internal Revenue Code, 26 U.S.C. s.501(a) or any successor provision;

     (2)   The nonprofit corporation’s certificate of incorporation and by-laws authorize the receipt of the FCC operating licenses currently assigned to the authority and the ownership of the assets and liabilities of the authority, and provide that the purposes of the nonprofit corporation include the ownership, maintenance, and operation of a public broadcasting system; and

     (3)   Upon the assignment of any radio operating licenses and the transfer of assets, the nonprofit corporation shall provide public broadcasting services and operate a public broadcasting system consistent with FCC license requirements.

     c.     Any assets and liabilities, including receivables, may be assigned, transferred, or conveyed to the nonprofit corporation upon the Legislature’s approval pursuant to subsection g. of this section and may become vested in the nonprofit corporation, any of which assignments, transfers, or conveyances may also be evidenced by such instruments of assignment, transfer, or conveyance as the Legislature may approve pursuant to subsection g. of this section, and all liabilities listed in a schedule of assets and liabilities, as well as all outstanding obligations and commitments lawfully undertaken or contracted for by the authority in respect of the public broadcasting system, may be assumed and performed by the nonprofit corporation through the execution, delivery, and performance of such instruments of assumption as the State Treasurer shall prescribe, in each case subject to action by the State Treasurer and the Legislature, pursuant to subsection g. of this section.

     d.    The State Treasurer shall take such other actions, and may require the nonprofit corporation to take such other actions, as the State Treasurer deems to be necessary to implement the provisions of P.L.    , c.    (C.       ).

     e.     The State Treasurer may assign, transfer, or convey to the nonprofit corporation from time to time such additional public broadcasting system assets, other than the television operating licenses, as the State Treasurer deems appropriate to further the purposes of P.L.    , c.    , subject to the approval of the Legislature pursuant to subsection g. of this section.

     f.  Any negotiations to transfer all or any part of the assets of the authority, including, but not limited to, the radio operating licenses, but not including the television operating licenses, to a nonprofit corporation; or to delegate by contract responsibility for conducting the operations of the public broadcasting system to a nonprofit corporation involving the State Treasurer shall be subject to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) and all of its exemptions, commonly known as the open public records act.

     g.  (1) The State Treasurer shall make the submission required by subsection a. of this section, to the Legislature to the President of the Senate and the Speaker of the General Assembly on a day when both houses are meeting.  The President and the Speaker shall cause the date of submission to be entered upon the Senate Journal and the Minutes of the General Assembly, respectively.

    (2)  Unless the contract as described in the submission is disapproved by adoption of a concurrent resolution to this effect by the affirmative vote of a majority of the authorized membership of both houses within the prescribed time period prescribed in this subsection, the contract shall be deemed approved.  The President and the Speaker shall cause a concurrent resolution of disapproval of the contract to be placed before the members of the respective houses for a recorded vote within the time  period.  The time period shall commence on the day of submission and expire on  the fifteenth day after submission or for a house not meeting on the  fifteenth day, on the next meeting day of that house.

     h.  Subject to the provisions of P.L.   , c.    and any federal law to the contrary, as an alternative to a transfer or transfers as authorized by this section, the Treasurer is authorized to solicit and receive one or more proposals to sell all or any part of the assets of the authority, including, but not limited to, the radio operating licenses, but not including the television operating licenses, to a for-profit corporation or other entity, subject to such terms, conditions, limitations, rights of reversion and first refusal, provisions for liquidated damages and other contractual penalty provisions, and such other provisions as the Treasurer shall determine to be in the public interest; subject to the approval of the Legislature pursuant to subsection g. of this section.

 

     6. (New section) a. (1) The State Treasurer is authorized to receive one or more proposals to delegate by contract responsibility for conducting the operations of the public broadcasting system to a nonprofit corporation or other entity.

     (2) Upon selecting a proposal pursuant to this subsection, the State Treasurer shall negotiate a contract to delegate by contract responsibility for conducting the operations of the public broadcasting system and submit the negotiated contract to the Legislature pursuant to subsection g. of this section.

     b.  Any transfer or transfers authorized pursuant to subsection a. of this section shall not occur unless the State Treasurer determines, upon application by or on behalf of a nonprofit corporation, if a nonprofit corporation is selected, that:

     (1)   The nonprofit corporation is an educational and charitable corporation validly existing and in good standing under the “New Jersey Nonprofit Corporation Act,” P.L.1983, c.127 (N.J.S.15A:1-1 et seq.) and is incorporated, organized and operated in such a manner as to qualify as a nonprofit corporation described in section 501(c)(3) of the federal Internal Revenue Code, 26 U.S.C. s.501(c)(3) or any successor provision that is exempt from taxation pursuant to section 501(a) of the federal Internal Revenue Code, 26 U.S.C. s.501(a) or any successor provision;

     (2)   The nonprofit corporation’s certificate of incorporation and by-laws authorize the receipt of the FCC operating licenses currently assigned to the authority and the ownership of the assets and liabilities of the authority, and provide that the purposes of the nonprofit corporation include the ownership, maintenance, and operation of a public broadcasting system; and

     (3)   Upon the assignment of any operating licenses and the transfer of assets, the nonprofit corporation shall provide public broadcasting services and operate a public broadcasting system consistent with FCC license requirements.

     c.     Any assets and liabilities, including receivables, may be assigned, transferred, or conveyed to the nonprofit corporation or other entity upon the Legislature’s approval pursuant to subsection g. of this section and shall become vested in the nonprofit corporation or other entity, any of which assignments, transfers or conveyances may also be evidenced by such instruments of assignment, transfer, or conveyance as the Legislature may approve pursuant to subsection g. of this section, and all liabilities listed in a schedule of assets and liabilities, as well as all outstanding obligations and commitments lawfully undertaken or contracted for by the authority in respect of the public broadcasting system, may be assumed and performed by the nonprofit corporation or other entity through the execution, delivery, and performance of such instruments of assumption as the State Treasurer shall prescribe, in each case subject to action by the State Treasurer and the Legislature, pursuant to subsection g. of this section.

     d.    The State Treasurer shall take such other actions, and may require the nonprofit corporation or other entity to take such other actions, as the State Treasurer deems to be necessary to implement the provisions of P.L.    , c.    (C.       ).

     e.     The State Treasurer may assign, transfer, or convey to the nonprofit corporation or other entity from time to time such additional public broadcasting system assets, other than the television operating licenses, as the State Treasurer deems appropriate to further the purposes of P.L.    , c.    , subject to the approval of the Legislature pursuant to subsection g. of this section.

     f.  Any negotiations to delegate by contract responsibility for conducting the operations of the public broadcasting system involving the State Treasurer shall be subject to the provisions of P.L.1963, c.73 (C. 47:1A-1 et seq.) and all of its exemptions, commonly known as the open public records act.

     g.  (1) The State Treasurer shall make the submission required by subsection a. of this section, to the Legislature to the President of the Senate and the Speaker of the General Assembly on a day when both houses are meeting.  The President and the Speaker shall cause the date of submission to be entered upon the Senate Journal and the Minutes of the General Assembly, respectively.

    (2)  Unless the project as described in the submission is disapproved by adoption of a concurrent resolution to this effect by the affirmative vote of a  majority of the authorized membership of both houses within the time period prescribed in this subsection, the contract shall be deemed approved.  The President and the Speaker shall cause a concurrent resolution of disapproval of the contract to be placed before the members of the respective houses for a recorded vote within the time  period.  The time period shall commence on the day of submission and expire on  the fifteenth day after submission or for a house not meeting on the  fifteenth day, on the next meeting day of that house.

 

     7.    (New section) The State Treasurer may receive, continue, or assume any records, liabilities, obligations or commitments of the authority or by written order or other appropriate method make an assignment or transfer thereof to any State department, agency, or instrumentality in order to effectuate the transfer of the State’s public broadcasting system to a nonprofit corporation or other entity eligible to operate a public broadcasting system authorized by P.L.    , c.    (C.       ).  All State departments, agencies, and instrumentalities shall take all necessary measures to effectuate any action taken by the State Treasurer pursuant to P.L.    , c.   and shall assume and perform any liabilities, obligations, and commitments transferred or assigned to them.

 

     8.    (New section)  Notwithstanding the provisions of any other law, rule, or regulation to the contrary, contracts may be entered into and assets may be transferred, leased, subleased, licensed, or sublicensed, or authorized to be transferred, leased, subleased, licensed, or sublicensed pursuant to P.L.    , c.    (C.       ) without the approval of the State House Commission, established pursuant to R.S.52:20-1, the State Leasing and Space Utilization Committee, established pursuant to section 4 of P.L.1992, c.130 (C.52:18A-191.4), or the Office of Leasing Operations in the General Services Administration of the Department of the Treasury, established pursuant to section 3 of P.L.1992, c.130 (C.52:18A-191.3), or of any other person or agency, provided that the contract, transfer, lease, sublease, license, or sublicense has been approved in writing by the State Treasurer.

 

     9.    (New section) Public broadcasting system assets transferred, or authorized to be transferred, by contract or otherwise, pursuant to P.L.    , c.    (C.       ), may be leased, subleased, licensed, sublicensed, sold, devised, donated, or otherwise disposed of for a nominal or other consideration, in order to effectuate the transfer of the State’s public broadcasting system to a nonprofit corporation or other entity eligible to operate a public broadcasting system required by P.L.    , c.   .

 

     10.  Section 2 of P.L.1968, c.405 (C.48:23-2) is amended to read as follows:

     2.    For the purposes of this act, unless otherwise indicated by the context:

     "Authority" means the New Jersey Public Broadcasting Authority.

     ["Commission"] "Board" means the board of the New Jersey Public Broadcasting [Commission] Authority.

     "Public broadcasting" includes all aspects of noncommercial radio and television, open and closed circuit, including the production and dissemination of public and community affairs, educational, cultural, and instructional information to the public at large within the State.  For the purposes of [this act] P.L.1968, c.405 (C.48:23-1 et seq.), public broadcasting does not include radio and television transmissions for internal communications, as presently used by public and private agencies in fields such as law enforcement, safety, transportation, traffic control, civil defense, and the like, except that this limitation shall not apply when an emergency condition exists and notification of the emergency condition is received by the authority pursuant to section 3 of P.L.1989, c.133 (C.53:1-21.6) nor shall this limitation apply with regard to preparations or planning for such an emergency condition.

     "Public broadcasting telecommunications" includes all public broadcasting services relating to public broadcasting including intercommunications, datacasting, closed circuit Instructional Television Fixed Service (ITFS), and other services requiring Federal Communications Commission spectrum allocations for transmission of electrical impulses that specifically and integrally relate to New Jersey public broadcasting.  Facilities typical for application of these services would encompass micro-wave interconnection, aural and video TV transmission, multiplexing, laser beam utilization, satellite interconnection systems, and other appropriate technological devices.

(cf: P.L.2005, c.35, s.1)

     11. Section 3 of P.L.1968, c.405 (C.48:23-3) is amended to read as follows:

     3.  There is hereby established, pursuant to P.L.1968, c.405 (C.48:23-1 et seq.), in the Executive Branch of the State Government the New Jersey Public Broadcasting Authority.  For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the authority is hereby allocated within the Department of [Public Utilities] the Treasury, but notwithstanding [said] such allocation, the authority shall be independent of any supervision or control by the department or by any [board] agency or officer thereof.

(cf: P.L.1968, c.405, s.3)

 

     12.  Section 24 of P.L.1998, c.44 (C.52:27C-84) is amended to read as follows:

     24. a. The New Jersey Public Broadcasting Authority, established pursuant to P.L.1968, c.405 (C.48:23-1 et seq.), is transferred in but not of the Department of [State] the Treasury, but notwithstanding this transfer, the New Jersey Public Broadcasting Authority shall be independent of any supervision and control by the department or by any board or officer thereof.  The New Jersey Public Broadcasting Authority shall submit its budget request directly to the Division of Budget and Accounting in the Department of the Treasury.

     b.    Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the New Jersey Public Broadcasting Authority, the same shall mean and refer to the New Jersey Public Broadcasting Authority in but not of the Department of [State] the Treasury.

     c.     This transfer shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).

     d.    The New Jersey Department of [State] the Treasury may render administrative assistance including, but not limited to, personnel and fiscal assistance, upon request of the New Jersey Public Broadcasting Authority.  The cost and expense of any services rendered may be paid by the New Jersey Public Broadcasting Authority.

     e.     Regulations adopted by the New Jersey Public Broadcasting Authority shall continue with full force and effect until amended or repealed pursuant to law.

(cf: P.L.1998, c.44, s.24)

 

     13.  Section 4 of P.L.1968, c.405 (C.48:23-4) is amended to read as follows:

     4.    a. [The authority shall consist of the New Jersey Public Broadcasting Commission, which shall be the head of the authority, an executive director, who shall be the principal executive officer of the authority and such other officers and employees authorized to be appointed and employed by this act] (Deleted by amendment, P.L.   , c.   ) (pending before the Legislature as this bill).

     b.  The [commission] authority shall consist of a board which shall be composed of [15] five members [, 5 of whom shall be ex-officio members, viz. the Commissioner of Education, the Chancellor of Higher Education, the Commissioner of Community Affairs, the Attorney General and the State Treasurer, or when so designated by them, their deputies and 10 residents]: (1) three members appointed by the Governor who shall be citizens of the State, two of whom shall be public members; (2) one member appointed by the President of the Senate; and (3) one member appointed by the Speaker of the General Assembly.

     c.  [The citizen members of the commission shall be appointed by the Governor with the advice and consent of the Senate and shall be selected without regard to political belief or affiliation.]  The term of office of appointed members, except for the first [appointments] appointed members made under P.L.   , c.   , shall be for [5] five years.  Each member shall serve until [his] 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 term.  [The terms of the members initially appointed shall be designated by the Governor so that 2 of such terms shall expire on June 30 in each successive year ensuing after such appointments.]

     d.  The members of the [commission] board shall receive no compensation for their services, but may be reimbursed for their actual expenses in performing their duties.

     e.  The [commission] board shall hold public meetings at such places within the State as it shall designate at least once quarterly and at such other times as in its judgment may be necessary.

     f.  The [commission] board shall organize annually [in July of each year] by the election of a [chairman, vice-chairman] chair and vice-chair, and such other officers as the [commission] board shall determine[, except that the first chairman shall be designated by the Governor].  Officers shall serve until [the following July meeting and until] their successors are elected and qualified.  Vacancies in such offices shall be filled in the same manner for the unexpired term only.

     g.  The [executive director] chair shall [be the] appoint a secretary of the [commission and] board who shall have custody of its official seal.  [With the approval of the commission, he] The chair may designate an employee of the authority to perform such duties of the secretary and such other services as the [commission] board shall designate.

(cf: P.L.1968, c.405, s.4)

 

     14.  (New section) The terms of office of all members of the New Jersey Public Broadcasting Commission in office prior to the effective date of P.L.    , c.    (C.       ) shall terminate.

 

     15.  (New section) Of the first members of the board of New Jersey Public Broadcasting Authority appointed after the effective date of P.L.    , c.    (C.       ), one public member appointed by the Governor shall serve for a term of one year, the member appointed by the Speaker of the General Assembly shall serve for a term of two years, one public member appointed by the Governor shall serve for a term of three years, and the member appointed by the President of the Senate shall serve for a term of four years.

 

     16.  Section 7 of P.L.1968, c.405 (C.48:23-7) is amended to read as follows:

     7.    The authority shall have the power to:

     a.  Adopt and from time to time amend and repeal suitable by-laws for the management of [its] the authority’s affairs [;] .

     b.  Adopt and use the official seal and alter the same at [its] the pleasure of the board [;] .

     c.  Maintain an office at such place or places within the State as [it] the board may designate within the limits of available appropriations therefor; [;] .

     d.  [Establish, own, and operate noncommercial educational television or radio broadcasting stations, one or more public broadcasting and public broadcasting telecommunications networks or systems, and interconnection and program production facilities] (Deleted by amendment, P.L.   , c.   ) (pending before the Legislature as this bill) [;] .

     e.  Apply for, receive, and hold such authorizations and licenses and assignments and reassignments of channels from the Federal Communications Commission (FCC) as may be necessary to conduct its operations and prepare, and file and prosecute before the FCC all applications, reports, or other documents or requests for authorization of any type necessary or appropriate to achieve the authorized purposes of the authority [;] .

     f.  [Provide co-ordination and information on matters relating to public broadcasting telecommunications among the agencies of the State Government, all facets of New Jersey public education and individuals, associations, and institutions working in these fields both within and without the State] Comply with the minimum requirements of the FCC necessary for the authority to hold FCC broadcast licenses, including requirements concerning the minimum number of authority employees and broadcast transmission facilities [;] .

     g.  [Establish State-wide equipment compatibility policies and determine the  method of interconnection to be employed within the State's public broadcasting  system] (Deleted by amendment,              P.L.   , c.   ) (pending before the Legislature as this bill) [;] .

     h.  [Assume responsibility for the character, diversity, quality, and excellence of programming which is released via its licensed facilities, provided that programs or series of programs of a controversial nature shall be presented with balance, fairness, and equity] (Deleted by amendment, P.L.   , c.   ) (pending before the Legislature as this bill) [;] .

     i.  [Provide appropriate advisory assistance to other agencies of the State and local and regional groups regarding public broadcasting techniques, planning, budgeting, and related issues] (Deleted by amendment, P.L.   , c.   ) (pending before the Legislature as this bill) [;] .

     j.  [Make to the Governor and the Legislature such recommendations as the authority deems necessary with regard to appropriations relative to public broadcasting and public broadcasting telecommunications equipment and facilities] (Deleted by amendment, P.L.   , c.   ) (pending before the Legislature as this bill) [;] .

     k.  [Subject to the approval of the Governor, receive and administer gifts, contributions, and funds from public and private sources to be expended for public broadcasting and public broadcasting telecommunications operations, facilities, and programming consistent with furthering the purposes of the authority] (Deleted by amendment, P.L.   , c.   ) (pending before the Legislature as this bill) [;] .

     l.  [Co-operate with Federal agencies, for the purpose of obtaining matching and other Federal funds and providing public broadcasting and public broadcasting telecommunications facilities throughout the State and to make such reports as may be required of the State.  The authority shall likewise provide appropriate advisory assistance to local school districts and others on such matters] (Deleted by amendment, P.L.   , c.   ) (pending before the Legislature as this bill) [;] .

     m.  [Contract with program production organizations, individuals, and noncommercial educational television and radio stations within and without the State to produce, or otherwise to procure, educational television or radio programs for use by noncommercial stations within the State] (Deleted by amendment, P.L.   , c.   ) (pending before the Legislature as this bill) [;] .

     n.  [Establish and maintain a library and archives of educational television and radio programs and related materials, disseminate information about such programs and make suitable arrangements for the use of such programs and materials by colleges, universities, schools and noncommercial television and radio stations] (Deleted by amendment, P.L.   , c.   ) (pending before the Legislature as this bill) [;] .

     o.  [Conduct explorations, research, demonstrations, or training in matters related to public broadcasting and public broadcasting telecommunications in the State, directly; or through contracts with appropriate agencies, organizations, or individuals; or by grants to nonprofit, noncommercial organizations such as colleges, universities, schools, and noncommercial television and radio stations] (Deleted by amendment, P.L.   , c.   ) (pending before the Legislature as this bill) [;] .

     p.  [Acquire, subject to the provisions of P.L.1954, chapter 48, through lease, purchase, or otherwise real and other property and to hold and use this property for public broadcasting and public broadcasting telecommunications purposes] (Deleted by amendment, P.L.   , c.   ) (pending before the Legislature as this bill) [;] .

     q.  [Contract , subject to the provisions of P.L.1954, chapter 48, for the construction, repair, maintenance, and operations of public broadcasting and public broadcasting telecommunications facilities including program production center, stations, and interconnection facilities] (Deleted by amendment, P.L.   , c.   ) (pending before the Legislature as this bill) [;] .

     r.  [Make arrangements, where appropriate, with companies or other agencies and institutions operating suitable interconnection facilities (e.g., landlines or satellites)] (Deleted by amendment,           P.L.   , c.   ) (pending before the Legislature as this bill) [; and] .

     s.  Make reasonable rules and regulations to carry out the provisions of [this act] P.L.1968, c.405 (C.48:23-1 et seq.) and            P.L.    , c.    (C.       ) (pending before the Legislature as this bill).

(cf: P.L.1968, c.405, s.7)

 

     17.  Section 3 of P.L.1977, c.44 (C.34:1B-24) is amended to read as follows:

     3.    a.  There is hereby established in but not of the [Department of Labor and Industry] the Division of Business Assistance, Marketing, and International Trade in the New Jersey Economic Development Authority a Motion Picture and Television Development Commission.

     b. The commission shall consist of eight public members, no more than four of whom shall be members of the same political party, who shall be appointed by the Governor with the advice and consent of the Senate, and the Chairman of the New Jersey State Council on the Arts, [the Chairman of the Public Broadcasting Authority] and the Commissioner of Labor and [Industry on] Workforce Development or their designees serving in an ex officio capacity.  The Governor shall appoint from the [11] ten members a chairman who shall serve in [said] that office at the pleasure of the Governor.

     c.     The public members of the commission shall be appointed initially for the following terms: three members for a term of [2] two years; three members for a term of [3] three years; and two members for a term of [4] four years.  The initial members shall serve from the date of the original appointment for the aforementioned specified terms and until their respective successors shall be duly appointed and qualified.  The term of each such appointed member shall be designated by the Governor at the time of his appointment.  The successors to the initially appointed members shall each be appointed for a term of [4] four years, except that any person appointed to fill a vacancy shall serve only for the unexpired term.

     d.    The members of the commission shall serve without compensation, but the commission may reimburse its members for necessary expenses incurred in the discharge of their duties.

(cf: P.L.1977, c.44, s.3)

 

     18.  Section 4 of P.L.1972, c.133 (C.52:14E-4) is amended to read as follows:

     4.    There is hereby created a Governor's Advisory Council for Emergency Services, which shall consist of the Attorney General, who shall be the presiding officer; the Adjutant General of Military and Veterans' Affairs, the Commissioner of Community Affairs, the Commissioner of Environmental Protection, the Commissioner of Transportation, and the President of the Board of Public Utilities [, and the Executive Director of the New Jersey Public Broadcasting Authority] or their designees.  The members of the council shall serve without pay in connection with all such duties as are prescribed in [this act] P.L.1972, c.133 (C.52:14E-1 et seq.).

(cf: P.L.1989, c.133, s.5)

 

     19.  Section 8 of P.L.1972, c.133 (C.52:14E-8) is amended to read as follows:

     8.    The council shall be authorized to perform the following functions and exercise the following powers:

     a.     Review, evaluate and recommend to the Legislature any necessary changes in any existing compact between this State and the federal government or between this State and any other state created for the purposes set forth in this act or develop such compacts where they do not exist.

     b.    Review, evaluate and periodically recommend changes in existing emergency master plans.

     c.     Encourage and coordinate comprehensive services available through private organizations and intercommunity cooperations.

     d.    Authorize expenditures from the fund upon approval of the Governor to provide emergency relief deemed appropriate by the council or to reimburse municipalities or counties for damages or excessive costs sustained as a result of an emergency [or to reimburse the New Jersey Public Broadcasting Authority for the cost of its emergency broadcasts].

     e.     Utilize the manpower facilities and materials of the various State departments for the purposes of [this act] P.L.1972, c.133 (C.52:14E-1 et seq.).

(cf: P.L.1989, c.133, s.6)

 

     20.  Section 2 of P.L.1990, c.114 (C.48:23-14) is amended to read as follows:

     2.    The Foundation for New Jersey Public Broadcasting shall be governed by a board of directors.  The number of directors and their terms and manner of selection shall be determined upon the incorporation of the foundation [, provided that a majority of the directors shall be selected from among or by the members of the New Jersey Public Broadcasting Commission].  No employee of the New Jersey Public Broadcasting Authority shall serve as a member of the board of directors.  No member of the board of directors shall engage in any business transaction or professional activity for profit with the New Jersey Public Broadcasting Authority.

(cf: P.L.1990, c.114, s.2)

 

     21.  Section 5 of P.L.1990, c.114 (C.48:23-17) is amended to read as follows:

     5.    All funds received by the Foundation for New Jersey Public Broadcasting, other than those necessary to pay for the expenses of the foundation, shall be used exclusively for the support and promotion of [the New Jersey Public Broadcasting Authority and its several purposes] public broadcasting in New Jersey.

(cf: P.L.1990, c.114, s.5)

 

     22.  (New section) a. There is hereby created in the Department of the Treasury the “Trust Fund for the Support of Public Broadcasting”, a restricted, nonlapsing, revolving fund to be managed and invested by the State Treasurer.  All moneys appropriated to the fund, all interest accumulated on balances in the fund, and all cash received for the fund from any other source are dedicated solely for the support of a public broadcasting system serving New Jersey as provided for in P.L.   , c.   .  All moneys deposited in the fund are hereby appropriated in such amounts determined by the State Treasurer to the entity or entities selected to operate a public broadcasting system pursuant to P.L.   , c.     for that purpose and shall within 10 days of deposit in the fund be expended by the State Treasurer to that entity, or, if moneys are deposited prior to such entity being designated, as soon as may be practicable after approval of that entity or entities pursuant to sections 5 and 6 of P.L.    , c.   .

     b. Notwithstanding any provision of law to contrary, except as may be otherwise prohibited or limited by the terms of any debt issued to acquire such assets or property, all monies received by the State from the sale, lease or assignment of any assets or property of the authority which comprise the public broadcasting system shall be deposited in or credited to this fund.

 

     23.  (New section)  If the Legislature's approval of the sale or transfer, as appropriate, of any radio or the television operating license is found to violate any federal law, rule or regulation, the transfer of the respective operating license shall not occur unless the authority, by a majority vote, approves such a sale or transfer.

 

     24.  (New section) This act shall be liberally construed to effectuate its purposes.  All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistencies, superseded and shall be deemed inoperative.  If any provision of this act, or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the sections that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

 

     25.  The following sections are repealed:

Section 14 of P.L.1974, c.26 (C.19:44A-39);

Sections 5 and 6 of P.L.1968, c.405 (C.48:23-5 and C.48:23-6);

Sections 1 and 2 of P.L.1989, c.133 (C.48:23-11 and C.48:23-12);

Section 4 of P.L.1989, c.133 (C.52:14E-8.1);

Section 10 of P.L.1987, c.365 (C.52:27H-20.3); and

Section 3 of P.L.1989, c.133 (C.53:1-21.6).

 

     26.  This act shall take effect immediately, and section 16 shall take effect upon the transfer established pursuant to sections 5 and 6 of this act.