Bill Text: NJ A1180 | 2020-2021 | Regular Session | Amended

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Bill Title: Allows public libraries, boards of education, and local governments to dispose of certain personal property without advertising for bids.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-12-20 - Substituted by S2644 (1R) [A1180 Detail]

Download: New_Jersey-2020-A1180-Amended.html

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[First Reprint]

ASSEMBLY, No. 1180

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 

 

Sponsored by:

Assemblyman  ANDREW ZWICKER

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

 

 

 

 

SYNOPSIS

     Allows public libraries, boards of education, and local governments to dispose of certain personal property without advertising for bids.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly State and Local Government Committee on December 9, 2021, with amendments.

  

An Act concerning the disposal of certain ¹[public library materials and amending P.L.1968, c.227] personal property by public libraries, boards of education, and local governments, and amending various parts of the statutory law¹.

 

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

 

     1.    Section 1 of P.L.1968, c.227 (C.40:33-8.1) is amended to read as follows:

     40:33-8.1.   The county library commission of any county or the board of trustees of any regional library established by 2 or more counties may, within the limits of funds appropriated or otherwise made available to the commission or board, purchase the following without advertising for bids therefor: (1) library materials including books, periodicals, newspapers, documents, pamphlets, photographs, reproductions, microforms, pictorial or graphic works, musical scores, maps, charts, globes, sound recordings, slides, films, filmstrips, video and magnetic tapes, other printed or published matter, and audiovisual and other materials of a similar nature; (2) necessary binding or rebinding of library materials; and (3) specialized library services.

     The county library commission or the board of trustees may dispose of the following without advertising for bids therefor: library materials including books, periodicals, newspapers, documents, pamphlets, photographs, reproductions, microforms, pictorial or graphic works, musical scores, maps, charts, globes, sound recordings, slides, films, filmstrips, video and magnetic tapes, other printed or published matter, and audiovisual and other materials of a similar nature.

(cf: P.L.1968, c.227, s.1)

 

     2.    Section 2 of P.L.1968, c.227 (C.40:54-12.1) is amended to read as follows:

     40:54-12.1  The board of trustees of the free public library of any municipality or of a joint free public library may, within the limits of funds appropriated or otherwise made available to the board, purchase the following without advertising for bids therefor: (1) library materials including books, periodicals, newspapers, documents, pamphlets, photographs, reproductions, microforms, pictorial or graphic works, musical scores, maps, charts, globes, sound recordings, slides, films, filmstrips, video and magnetic tapes, other printed or published matter, and audiovisual and other materials of a similar nature; (2) necessary binding or rebinding of library materials; and (3) specialized library services.

     The board of trustees may dispose of the following without advertising for bids therefor: library materials including books, periodicals, newspapers, documents, pamphlets, photographs, reproductions, microforms, pictorial or graphic works, musical scores, maps, charts, globes, sound recordings, slides, films, filmstrips, video and magnetic tapes, other printed or published matter, and audiovisual and other materials of a similar nature.

(cf: P.L.1968, c.227, s.2)

 

      ¹3.  N.J.S.18A:18A-45 is amended to read as follows:

      18A:18A-45.  Manner and method of sale.  Any board of education may, by resolution and by sealed bid or public auction, authorize the sale of its personal property not needed for school purposes.

      a.  If the estimated fair value of the property to be sold exceeds [15 percent of] the bid threshold in any one sale and it is neither livestock nor perishable goods, it shall be sold at public sale to the highest bidder.

      b.  Notice of the date, time and place of the public sale, together with a description of the items to be sold and the conditions of sale, shall be published once in an official newspaper.  Such sale shall be held not less than seven nor more than 14 days after the publication of the notice thereof.

      c.  Personal property may be sold to the United States, the State of New Jersey, another board of education, any body politic, any foreign nation which has diplomatic relations with the United States, or any governmental unit in these United States by private sale without advertising for bids.

      d.  If no bids are received the property may then be sold at private sale without further publication or notice thereof, but in no event at less than the estimated fair value; or the board of education may if it so elect, reoffer the property at public sale.  As used herein, "estimated fair value" means the market value of the property between a willing seller and a willing buyer  less the cost to the board of education to continue storage or maintenance of any personal property not needed for school purposes to be sold pursuant to this section.

      e.  A board of education may reject all bids if it determines such rejection to be in the public interest.  In any case in which the board of education has rejected all bids, it may readvertise such personal property for a subsequent public sale.  If it elects to reject all bids at a second public sale, pursuant to this section, it may then sell such personal property without further  publication or notice thereof at private sale, provided that in no event shall the negotiated price at private sale be less than the highest price of any bid rejected at the preceding two public sales and provided further that in no event shall the terms or conditions of sale be changed or amended.

      f.  (1)  If the estimated fair value of the property to be sold is no less than 15 percent of the bid threshold, but no greater than the bid threshold, the board of education may, by resolution, authorize the property to be sold at private sale so long as the purchasing agent solicits at least two competitive offers to purchase the property, if it is practicable to solicit competitive offers.  The property shall be sold to the party with the highest offer.  The purchasing agent shall retain the record of the offer solicitation and shall include a copy of the record with the sale documentation.  If the purchasing agent determines that it is impracticable to solicit at least two competitive offers, the determination and reasoning in support of the purchasing agent's decision shall be memorialized in writing.

      (2)  If the estimated fair value of the property to be sold does not exceed 15 percent of the applicable bid threshold [established pursuant to subsection a. of this section] in any one sale or is either livestock or perishable goods, [it] the board of education may, by resolution, authorize the property to be sold at private sale without advertising for bids or the solicitation of competitive offers, or authorize donation of the property to the United States, the State of New Jersey, another board of education, any body politic, any foreign nation which has diplomatic relations with the United States, any governmental unit in the United States, or a non-profit corporation so long as the property is not used for a political, partisan, sectarian, denominational, or religious purpose.  The board of education may not donate property used to provide federal or State nonpublic services to nonpublic schools receiving services from the board of education.

      g.  Notwithstanding the provisions of this section, by resolution of the board of education, a purchasing agent may include the sale of personal property no longer needed for school purposes as part of specifications to offset the price of a new purchase.¹

(cf: P.L.1999, c.440, s.80)

 

      ¹4.  Section 36 of P.L.1971, c.198 (C.40A:11-36) is amended to read as follows:

      36.  Any contracting unit by resolution of its governing body may authorize by sealed bid or public auction the sale of its personal property not needed for public use.

      (1)  If the estimated fair value of the property to be sold exceeds [15 percent of] the bid threshold in any one sale and it is neither livestock nor perishable goods, it shall be sold at public sale to the highest bidder.

      (2)  The contracting unit need not advertise for bids when it makes any such sale to the United States, the State of New Jersey, another contracting unit, any body politic to which it contributes tax raised funds, any foreign nation which has diplomatic relations with the United States, or any governmental unit in the United States.

      (3)  Notice of the date, time and place of the public sale together with a description of the items to be sold and the conditions of sale shall be published in an official newspaper. Such sale shall be held not less than seven nor more than 14 days after the latest publication of the notice thereof.

      (4)  If no bids are received the property may then be sold at private sale without further publication or notice thereof, but in no event at less than the estimated fair value; or the contracting unit may if it so elects reoffer the property at public sale.  As used herein,  "estimated fair value" means the market value of the property between a willing seller and a willing buyer less the cost to the contracting unit to continue storage or maintenance of any personal property not needed for public use to be sold pursuant to this section.

      (5)  A contracting unit may reject all bids if it determines such rejection to be in the public interest.  In any case in which the contracting unit has rejected all bids, it may readvertise such personal property for a subsequent public sale.  If it elects to reject all bids at a second public sale, pursuant to this section, it may then sell such personal property without further publication or notice thereof at private sale, provided that in no event shall the negotiated price at private sale be less than the highest price of any bid rejected at the preceding two public sales and provided further that in no event shall the terms or conditions of sale be changed or amended.

      (6)  (a)  If the estimated fair value of the property to be sold is no less than 15 percent of the bid threshold, but no greater than the bid threshold, the governing body may, by resolution, authorize the property to be sold at private sale so long as the contracting agent solicits at least two competitive offers to purchase the property, if it is practicable to solicit competitive offers.  The property shall be sold to the party with the highest offer.  The contracting agent shall retain the record of the offer solicitation and shall include a copy of the record with the sale documentation.  If the contracting agent determines that it is impracticable to solicit at least two competitive offers, the determination and reasoning in support of the purchasing agent's decision shall be memorialized in writing.

      (b)  If the estimated fair value of the property to be sold does not exceed 15 percent of the applicable bid threshold in any one sale or is either livestock or perishable goods, [it] the governing body may, by resolution, authorize the property to be sold at private sale without advertising for bids or soliciting competitive offers, or authorize donation of the property to the United States, the State of New Jersey, another contracting unit, any body politic to which it contributes tax raised funds, any foreign nation which has diplomatic relations with the United States, any governmental unit in the United States, or a non-profit corporation so long as the property is not used for a political, partisan, sectarian, denominational, or religious purpose.

      (7)  Notwithstanding the provisions of this section, by resolution of the governing body, a contracting agent may include the sale of personal property no longer needed for public use as part of specifications to offset the price of a new purchase.¹

(cf: P.L.1999, c.440, s.39)

 

     ¹[3.] 5.¹     This act shall take effect immediately.