0001| HOUSE BILL 132 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| SANDRA L. TOWNSEND | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO PUBLIC PROPERTY; PROVIDING FOR ADDITIONAL METHODS | 0012| OF DISPOSITION OF OBSOLETE, WORN-OUT OR UNUSABLE TANGIBLE | 0013| PERSONAL PROPERTY. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 13-6-1 NMSA 1978 (being Laws 1961, | 0017| Chapter 100, Section 1, as amended) is amended to read: | 0018| "13-6-1. DISPOSITION OF OBSOLETE, WORN-OUT ~~[AND]~~ OR | 0019| UNUSABLE TANGIBLE PERSONAL PROPERTY.-- | 0020| A. The governing authority of each state agency, | 0021| local public body, school district and state educational | 0022| institution may dispose of any item of tangible personal | 0023| property belonging to that authority and delete the item from | 0024| its public inventory upon a specific finding by the authority | 0025| that the item of property is: | - 1 - 0001| (1) of a current resale value of five | 0002| thousand dollars ($5,000) or less; and | 0003| (2) worn-out, unusable or obsolete to the | 0004| extent that the item is no longer economical or safe for | 0005| continued use by the body. | 0006| B. The governing authority shall, as a | 0007| prerequisite to the disposition of any items of tangible | 0008| personal property: | 0009| (1) designate a committee of at least three | 0010| officials of the governing authority to approve and oversee | 0011| the disposition; and | 0012| (2) give notification at least thirty days | 0013| prior to its action making ~~[such]~~ the deletion by sending | 0014| a copy of its official finding and the proposed disposition of | 0015| the property to the state auditor and the appropriate | 0016| approval authority designated in Section 13-6-2 NMSA 1978, | 0017| duly sworn and subscribed under oath by each member of the | 0018| authority approving the action. | 0019| C. A copy of the official finding and proposed | 0020| disposition of the property sought to be disposed of shall be | 0021| made a permanent part of the official minutes of the governing | 0022| authority and maintained as a public record subject to the | 0023| Inspection of Public Records Act. | 0024| D. The governing authority shall dispose of the | 0025| ~~[item]~~ tangible personal property by negotiated sale to | - 2 - 0001| any governmental unit of an Indian nation, tribe or pueblo in | 0002| New Mexico or by negotiated sale or donation to other state | 0003| agencies, local public bodies, school districts, state | 0004| educational institutions or municipalities or through the | 0005| central purchasing office of the governing authority by | 0006| means of competitive sealed bid or public auction or, if a | 0007| state agency, through the federal property assistance bureau | 0008| of the general services department. | 0009| E. If the governing authority is unable to | 0010| dispose of the tangible personal property pursuant to | 0011| Subsection D of this section, the governing authority may sell | 0012| or, if the property has no value, donate the property to any | 0013| organization described in Section 501 (c)(3) of the Internal | 0014| Revenue Code of 1986. | 0015| F. If the governing authority is unable to dispose | 0016| of the tangible personal property pursuant to Subsection D or | 0017| E of this section, it may order that the property be destroyed | 0018| or otherwise permanently disposed of in accordance with | 0019| applicable laws. | 0020| G. If the governing authority determines that the | 0021| tangible personal property is hazardous or contains hazardous | 0022| materials and may not be used safely under any circumstances, | 0023| the property shall be destroyed and disposed of pursuant to | 0024| Subsection F of this section. | 0025| H. No tangible personal property shall be donated | - 3 - 0001| to an employee or relative of an employee of a state agency, | 0002| local public body, school district or state educational | 0003| institution; provided that nothing in this subsection | 0004| precludes an employee from participating and bidding for | 0005| public property at a public auction. | 0006| ~~[E.]~~ I. This section shall not apply to any | 0007| property acquired by a museum through abandonment procedures | 0008| pursuant to the Abandoned Cultural Properties Act." | 0009| |