STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Assemblyman SCOTT T. RUMANA
District 40 (Bergen, Essex, Morris and Passaic)
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
Assemblyman KEVIN J. ROONEY
District 40 (Bergen, Essex, Morris and Passaic)
Permits police departments to donate unclaimed bicycles to nonprofit organizations.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the donation of bicycles to nonprofit organizations and amending N.J.S.40A:14-157.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.40A:14-157 is amended to read as follows:
40A:14-157. a. Where tangible personal property comes into the possession of the police department or force of a municipality, by finding and recovery, by a member of the police force acting in the line of duty, and if the owner or his whereabouts is unknown and cannot be ascertained, or if said owner shall refuse to receive such property, then the said property shall not be disposed of for six months, except in cases of motor vehicles, which shall be disposed of according to P.L.1964, c.81 (C. 39:10A-1 et seq.). In any such case the governing body of said municipality, by resolution, may then provide for the sale, in whole or in part of any such property, at public auction, after notice of a designated time and place therefor, not less than 10 days prior thereto, published in a newspaper circulating within the municipality. Perishable items may be sold without reference to the said periods of time. Moneys received from the sale of any such property shall be paid into the general municipal treasury.
All unclaimed moneys coming into the possession of any municipal police department or force shall be turned over within 48 hours to the municipal treasurer for retention in a trust account and, after six months, if unclaimed by any person entitled thereto, be paid into the general municipal treasury.
b. Whenever any money or tangible personal property other than a motor vehicle has been or shall be found or discovered by any person other than by a member of a municipal police force acting in the line of duty and the finder shall have given or shall give custody of the found money or tangible personal property to the municipal police department or force for the purpose of assisting the police to find the owner thereof, the police department or police force shall retain custody of said money or tangible personal property for a period of six months. If the money or tangible personal property is unclaimed during said six-month period by the person entitled thereto, the money or personal property shall be returned by the municipal police department or police force to the finder, who shall be deemed the sole owner thereof.
c. This act shall apply to all money or tangible personal property which now is in, or which hereafter may come into, the possession or custody of any municipal police department, police force or municipal treasury in the manner herein described.
d. Notwithstanding the provisions of subsection a. of this section, the governing body of a municipality may, by annual resolution, authorize the donation of bicycles to nonprofit organizations that are exempt from federal taxation, pursuant to paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code (26 U.S.C. s.501), when the police department or force of the municipality comes into possession of a bicycle, by finding and recovery by a member of the police force acting in the line of duty, and if the owner or his whereabouts is unknown and cannot be ascertained, or if said owner shall refuse to receive the bicycle. The resolution shall list the qualifying nonprofit organization or organizations for the year, which are eligible to receive bicycle donations pursuant to this subsection. A police department or force shall not make a donation, pursuant to this subsection, unless six months has elapsed since the date the police department or force came into possession of the bicycle.
(cf: P.L.1986, c.173, s.2)
2. This act shall take effect immediately.
This bill would permit the governing body of a municipality to authorize, by annual resolution, the police department of the municipality to donate bicycles to nonprofit organizations. To receive a donation under this bill, the nonprofit organization would need to be exempt from federal taxation, pursuant to paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code (26 U.S.C. s.501). Under this bill, the municipal police department could donate a bicycle found and recovered by a member of the department, acting in the line of duty, if the department cannot ascertain the identity of the owner, or his whereabouts, or if the owner refuses to receive possession of the bicycle. The police department would need to wait six months from the time it came into possession of a bicycle to donate the bicycle.
This bill would assist nonprofit organizations that collect, condition, and distribute free or low cost, quality bikes to families and individuals in New Jersey. Under current law, a municipal police department must sell unclaimed tangible property in its possession at an auction. This bill would allow police departments to donate bicycles to benefit the citizens of this State, especially those in disadvantaged situations.