New Jersey § 48:23-19

§ 48:23-19.

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 nonprofit 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.