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S3437
SENATE, No. 3437
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 9, 2026
Sponsored by:
Senator� JAMES BEACH
District 6 (Burlington and Camden)
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 introduced.
��
An Act
concerning the disposal of certain personal property by public libraries,
boards of education, and local governments, and amending various parts of the
statutory law.
����
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:
���� 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:
���� 2.��� 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)
����� 3.�
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.
(cf:
P.L.1999, c.440, s.80)
����� 4.�
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.
(cf:
P.L.1999, c.440, s.39)
���� 5.��� This act shall take
effect immediately.
STATEMENT
����� This bill would revise the �Public School Contracts
Law,� (�PSCL�) N.J.S.18A:18A-1 et seq., the �Local Public Contracts Law,�
(�LPCL�) P.L.1971, c.198 (C.40A:11-1 et seq.), and current law regarding county
library commissions and boards of trustees for regional, municipal or joint
public libraries.� The bill enhances the ability of boards of education,
governing bodies of municipalities, counties, and other local entities, to
dispose of certain personal property through private sales.�
����� Currently, a county library commission or a board of
trustees for a regional, municipal, or joint public library may purchase
certain library materials without advertising for bids.� These library
materials include: 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.� This bill amends the law to allow
public libraries to also dispose of those materials without advertising for
bids.
����� The bill further provides that a board of education
or governing body of a local governing unit seeking to dispose of certain
property with an estimated fair value no less than 15 percent of the bid
threshold, but no greater than the actual bid threshold, as defined by the PSCL
and LPCL, may sell such property by private sale if the contracting agent, to
the extent practicable, obtains at least two competitive offers.� Property sold
in this manner would go to the party with the highest offer.� In addition, the
bill would revise the PSCL and the LPCL to allow a school board or local
governing body seeking to sell personal property with an estimated fair value
which is less than 15 percent of the bid threshold to do so by private sale
without advertising for bids or soliciting competitive offers.