New Mexico § 13-6-1 - Disposition of obsolete, worn-out or unusable tangible personal property

§ 13-6-1. Disposition of obsolete, worn-out or unusable tangible personal property

A. The governing authority of each state agency, local public body, school district

and state educational institution may dispose of any item of tangible personal property

belonging to that authority and delete the item from its public inventory upon a specific

finding by the authority that the item of property is: (1) of a current resale value of five thousand dollars ($5,000) or less; and (2) worn out, unusable or obsolete to the extent that the item is no longer economical

or safe for continued use by the body. B. The governing authority shall, as a prerequisite to the disposition of any items

of tangible personal property: (1) designate a committee of at least three officials of the governing authority to

approve and oversee the disposition; and (2) give notification at least thirty days prior to its action making the deletion

by sending a copy of its official finding and the proposed disposition of the property

to the state auditor and the appropriate approval authority designated in Section 13-6-2 NMSA 1978 , duly sworn and subscribed under oath by each member of the authority approving the

action. C. A copy of the official finding and proposed disposition of the property sought

to be disposed of shall be made a permanent part of the official minutes of the governing

authority and maintained as a public record subject to the Inspection of Public Records

Act. D. The governing authority shall dispose of the tangible personal property by negotiated

sale to any governmental unit of an Indian nation, tribe or pueblo in New Mexico or

by negotiated sale or donation to other state agencies, local public bodies, school

districts, state educational institutions or municipalities or through the central

purchasing office of the governing authority by means of competitive sealed bid or

public auction or, if a state agency, through the surplus property bureau of the transportation

services division of the general services department. E. A state agency shall give the surplus property bureau of the transportation services

division of the general services department the right of first refusal when disposing

of obsolete, worn-out or unusable tangible personal property of the state agency. F. If the governing authority is unable to dispose of the tangible personal property

pursuant to Subsection D or E of this section, the governing authority may sell or,

if the property has no value, donate the property to any organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 . 1 G. If the governing authority is unable to dispose of the tangible personal property

pursuant to Subsection D, E or F of this section, it may order that the property be

destroyed or otherwise permanently disposed of in accordance with applicable laws. H. If the governing authority determines that the tangible personal property is hazardous

or contains hazardous materials and may not be used safely under any circumstances,

the property shall be destroyed and disposed of pursuant to Subsection G of this section. I. No tangible personal property shall be donated to an employee or relative of an

employee of a state agency, local public body, school district or state educational

institution; provided that nothing in this subsection precludes an employee from

participating and bidding for public property at a public auction. J. This section shall not apply to any property acquired by a museum through abandonment

procedures pursuant to the Abandoned Cultural Properties Act. K. Notwithstanding the provisions of Subsection A of this section, the department

of transportation may sell through public auction or dispose of surplus tangible personal

property used to manage, maintain or build roads that exceeds five thousand dollars

($5,000) in value. Proceeds from sales shall be credited to the state road fund. The department of transportation shall notify the department of finance and administration

regarding the disposition of all property. L. If the secretary of public safety finds that the K-9 dog presents no threat to

public safety, the K-9 dog shall be released from public ownership as provided in

this subsection. The K-9 dog shall first be offered to its trainer or handler free of charge. If the trainer or handler does not want to accept ownership of the K-9 dog, then

the K-9 dog shall be offered to an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 free of charge. If both of the above fail, the K-9 dog shall only be sold to a qualified individual

found capable of providing a good home to the animal. 1

26 U.S.C.A. § 501(c)(3).