S3727

An Act establishing a Black Heritage Trail and supplementing chapter 16A of Title 52 of the Revised Statues.

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

1. a. As used in this act:

“Black heritage site” or “heritage site” means a location where items of political, military, artistic, cultural, or social history have been preserved due to their cultural heritage value to the State. The locations shall include, but need not be limited to, locations related to Black educators, journalists, scientists, physicians, lawyers, artists, or humanitarians who have contributed to the development or advancement of this State, the United States, or Black communities throughout the world.

“Black Heritage Trail” means a series of Black heritage sites identified by the division, which may be linked by geographic proximity and alignment, thematic consistency, and historical consistency.

“Director” means the Director of the Division of Travel and Tourism in the Department of State.

“Division” means the Division of Travel and Tourism in the Department of State.

“Historical marker” means a marker, plaque, or tablet commemorating a historic person, place, or event or identifying a historic place, structure, or object.

b. In addition to the powers and duties of the division as provided in section 9 of P.L.1977, c.225 (C.34:1A-53), the division shall, in consultation with the New Jersey Black Cultural and Heritage Commission, established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), identify a series of Black heritage sites to be part of a New Jersey Black Heritage Trail. The division may seek the assistance and cooperation of the New Jersey Historic Preservation Office, the New Jersey Historical Commission, local government officials or entities, owners or operators of Black heritage sites, and entities that identify and compile data on historical trails, sites, or memorials to aid in effectively carrying out the purposes of this act. The purpose of the New Jersey Black Heritage Trail shall be to promote awareness and appreciation of Black history, heritage, and culture in the State through education, public programs, and historical markers. The New Jersey Black Heritage Trail shall highlight Black heritage sites through historical markers and a trail-like path that connect the stories of Black life and resiliency in the State. The division shall ensure that as many Black heritage sites in the State as practical are included in the New Jersey Black Heritage Trail. In identifying specific Black heritage sites to be included in the New Jersey Black Heritage Trail, special consideration shall be given to Black heritage sites that are in close geographic proximity to other Black heritage sites or thematically linked by surrounding arts, cultural, historical, entertainment, or other tourism destinations or exhibits of interest to tourists interested in Black heritage sites. The New Jersey Black Heritage Trail shall be inclusive of all eras as well as be geographically representative of the entire State.

c. The division shall:

(1) determine and select such sites significant to Black history, heritage, and culture in this State that the division determines should be a part of the New Jersey Black Heritage Trail and shall mark each site with a suitable historical marker;

(2) design, purchase, and erect historical markers which the division may decide to be appropriate at such sites, indicating thereon the persons, places, or events commemorated and having such other suitable inscription as the division may deem necessary; and

(3) keep in good repair all historical markers that are a part of the New Jersey Black Heritage Trail erected by the division.

d. All historical markers on the New Jersey Black Heritage Trail that are erected by the division shall be the property of the State. No person, entity, or business shall possess, transport, alter, or remove a marker without written authority of an appropriate official of the division. No person, entity, or business shall receive, retain, alter, or dispose of the historical markers without written authorization of an appropriate official of the division.

e. The division may establish rules or regulations regarding all aspects of the historical markers associated with the New Jersey Black Heritage Trail. Other persons, entities, or businesses shall not duplicate the historical markers, or create, obtain, or install similar markers with an intent to mislead or deceive the public.

2. a. The division shall develop and maintain an Internet site providing information on the New Jersey Black Heritage Trail and Black heritage sites in the State. The information on the Internet site shall be searchable and available as a list and as an interactive map, and shall:

(1) specify the location of each heritage site included on the New Jersey Black Heritage Trail and provide driving directions from the north, south, east, and west, as well as directions by public transit where applicable;

(2) provide information about whether the heritage site offers guided tours, the frequency of tours, and the hours during which tours are conducted;

(3) display photographs of each heritage site;

(4) inform visitors that the heritage site is part of the New Jersey Black Heritage Trail developed pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(5) provide contact information for the owner or operator of each heritage site, including the telephone number and Internet site address of the heritage site if one exists.

b. The division shall develop and publish on its Internet site vacation itineraries based on the New Jersey Black Heritage Trail developed pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), which shall identify for visitors surrounding attractions, restaurants, lodging, and other exhibits or places of entertainment in close proximity to the Black heritage sites on the New Jersey Black Heritage Trail. The division may solicit information from local government officials or entities, the owners or operators of Black heritage sites, and entities that identify and compile data on historical trail, sites, or memorials in the development of vacation itineraries.

c. In addition to publishing the information required in subsections a. and b. of this section, the division may distribute the information by any other method it deems appropriate.

d. The division shall accept submissions from the public recommending, for inclusion on the New Jersey Black Heritage Trail, heritage sites not owned, operated, or maintained by a governmental entity through an electronic submission form made available by the division on its Internet site. The division may include heritage sites not owned, operated, or maintained by a governmental entity on the New Jersey Black Heritage Trail, as it deems appropriate.

e. The director shall ensure that the Internet site is updated whenever a new Black heritage site is established. The division may accept information or changes to the Internet site from the New Jersey Historic Preservation Office, the New Jersey Historical Commission, local government officials and entities, owners or operators of heritage sites in the State, entities that identify and compile data on historical trails, sites, or memorials, or the public through an electronic submission form made available by the division on its Internet site.

3. a. There is created in, but not of, the Department of State a commission to be known as the “New Jersey Black Cultural and Heritage Commission.” The commission shall be independent of any supervision or control by the Department of State except as expressly authorized under this act, P.L , c. (C. ) (pending before the Legislature as this bill).

b. The commission shall consist of 11 members, of whom:

(1) two public members shall be appointed, one each, by the President and Minority Leader of the Senate;

(2) two public members shall be appointed, one each, by the Speaker and Minority Leader of the General Assembly; and

(3) seven public members shall be appointed by the Governor, of whom one shall serve as chairperson.

Members of the commission shall be residents of the State, shall represent the various geographical areas of the State, and shall be representatives of Black arts, history, or culture organizations or be persons having knowledge of, expertise in, or a commitment to the collection, recordation, and preservation of the history, heritage, and culture of Black people in New Jersey.

c. Members of the commission shall be appointed not later than 60 days after the effective date of this act and shall hold their initial meeting as soon as practicable, but no later than 30 days following the appointment of a majority of its authorized membership. The members shall elect one of the members to serve as chairperson and one of the members to serve as vice-chairperson. The chairperson may appoint a secretary, who need not be a member of the commission. Members shall serve for a term of two years, except that four of the initial members appointed by the Governor shall serve for a term of one year. Members shall be eligible for reappointment. The members of the commission shall serve until their successors are appointed and qualified, and the term of the successor of any incumbent public member shall be calculated from the expiration of the term of that incumbent. A vacancy occurring other than by expiration of the term shall be filled in the same manner as the original appointment but for the unexpired term only. Members of the commission shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties.

d. The commission shall meet at the call of the chairperson. The commission shall hold at least one public hearing each in the north, central, and southern regions of the State annually at such times and places as the chairperson shall designate. A meeting of the commission may be called upon the request of six of the members and six members of the commission shall constitute a quorum at any meeting thereof. The commission may conduct business without a quorum, but shall only vote on recommendations or actions when a quorum is present.

e. The Department of State shall provide primary staff support to the commission. The commission shall be entitled to call upon any department, office, division, or agency of this State to supply the commission with any information, personnel, or assistance it deems necessary for its purposes. Each department, office, division, or agency of the State shall cooperate with the commission and furnish it with such information, personnel, or assistance as may be necessary for the commission to discharge its duties.

4. a. The purpose of the New Jersey Black Cultural and Heritage Commission is to promote awareness and appreciation of Black history, heritage, and culture in the State through education and public programs, including the creation of appropriate memorials at significant locations within the State.

b. The New Jersey Black Cultural and Heritage Commission shall:

(1) assist the Division of Travel and Tourism in establishing and maintaining the New Jersey Black Heritage Trail;

(2) develop, coordinate, and advise the Governor and Legislature of Statewide activities in recognition of Black history, heritage, and culture;

(3) establish programs designed to educate the residents of the State about persons, places, or events significant to Black history, heritage, and culture in New Jersey;

(4) meet with other groups and organizations in order to coordinate events and seek volunteers who are willing to donate their talents to promote awareness and appreciation of Black history, heritage, and culture in order to build more inclusive communities in New Jersey; and

(5) apply for grants and receive donations, through fund-raising activities and contributions, from individuals and public and private organizations in order to carry out its purpose with regard to the history, heritage, and culture of Black life and resiliency in New Jersey.

c. The commission shall prepare and submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature no later than the 365th day following the initial meeting of the commission and on or before June 30 of each year thereafter. The report shall contain information on establishing and maintaining the New Jersey Black Heritage Trail, education and public programs concerning Black history, heritage, and culture in the State, and any findings, activities, and recommendations for promoting awareness and appreciation of Black history, heritage, and culture in New Jersey.

5. This act shall take effect immediately.

STATEMENT

This bill directs the Division of Travel and Tourism in the Department of State to identify, in consultation with the New Jersey Black Cultural and Heritage Commission, established under the bill, a series of Black heritage sites to be part of a New Jersey Black Heritage Trail. The purpose of the Black Heritage Trail would be to promote awareness and appreciation of Black history, heritage, and culture in the State through education, public programs, and historical markers. The Black Heritage Trail would highlight Black heritage sites through historical markers and a trail-like path that connect the stories of Black life and resiliency in the State.

The bill requires that the Black heritage sites along the Black Heritage Trail be geographically linked by relevant arts, cultural, historical, entertainment, or other tourism destinations. Under this bill, the division would develop and maintain an interactive Internet site providing information concerning Black heritage sites in the State. The division is required to update the Internet site whenever local government officials or entities, the owners or operators of Black heritage sites, or entities that identify and compile data on historical trails, sites, or memorials notify the division of new Black heritage sites. The Internet site would also provide vacation itineraries based on the Black Heritage Trail, which would identify surrounding attractions, restaurants, lodging, and other exhibits or places of entertainment along the trail.

Under the bill, the New Jersey Black Cultural and Heritage Commission is created in, but not of, the Department of State to promote awareness and appreciation of Black history, heritage, and culture in the State through education and public programs including the creation of appropriate memorials at significant locations within the State. The commission would consist of 11 members, of whom: two public members would be appointed, one each, by the President and Minority Leader of the Senate; two public members would be appointed, one each, by the Speaker and Minority Leader of the General Assembly; and seven public members would be appointed by the Governor. The public members are required to be residents of the State, represent the various geographical areas of the State, and be representatives of Black arts, history, or culture organizations or be persons having knowledge of, expertise in, or a commitment to the collection, recordation, and preservation of the history and culture of Black people in New Jersey.

For nearly 400 years, the lives of African people and their descendants have been a part of New Jersey’s history. Black history, heritage, and culture has long been hidden in the shadows even though so many Black lives have left an indelible mark on New Jersey industry, culture, and arts. This bill establishes a heritage trail and a cultural heritage commission that will connect the stories of New Jersey’s African heritage by documenting and making visible many of the heritage sites that testify to this rich history.