0001|                            HOUSE BILL 218
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                         LEO C. WATCHMAN JR.
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO SALE OF STATE PROPERTY; AMENDING A SECTION OF THE
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0012|     PROCUREMENT CODE; DECLARING AN EMERGENCY.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  Section 13-6-1 NMSA 1978 (being Laws 1961,
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0016|     Chapter 100, Section 1, as amended) is amended to read:
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0017|          "13-6-1.  DISPOSITION OF OBSOLETE, WORN-OUT AND UNUSABLE
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0018|     PERSONAL PROPERTY.--
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0019|               A.  The governing authority of each state agency,
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0020|     local public body, school district and state educational
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0021|     institution may dispose of any item of personal property
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0022|     belonging to that authority and delete the item from its
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0023|     public inventory upon a specific finding by the authority that
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0024|     the item of property is:
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0025|                    (1)  of a current resale value of five
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<center>- 1 -</center>

0001|     thousand dollars ($5,000) or less; and
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0002|                    (2)  worn-out, unusable or obsolete to the
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0003|     extent that the item is no longer economical or safe for
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0004|     continued use by the body.
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0005|               B.  The governing authority shall, as a
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0006|     prerequisite to the disposition of any items of personal
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0007|     property, give notification at least thirty days prior to its
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0008|     action making such deletion by sending a copy of its official
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0009|     finding and the proposed disposition of the property to the
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0010|     state auditor, duly sworn and subscribed under oath by each
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0011|     member of the authority approving the action.
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0012|               C.  A copy of the official finding and proposed
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0013|     disposition of the property sought to be disposed of shall be
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0014|     made a permanent part of the official minutes of the governing
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0015|     authority.
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0016|               D.  The governing authority shall dispose of the
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0017|     item by negotiated sale or donation to other state agencies,
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0018|     local public bodies, school districts, state educational
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0019|     institutions, <s>[or]</s> municipalities <u>or any governmental unit
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<u></u>0020| <u>    of an Indian nation, tribe or pueblo located in whole or in
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<u></u>0021| <u>    part in New Mexico</u> or through the central purchasing office
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0022|     by means of competitive sealed bid or public auction or
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0023|     through the federal property assistance bureau of the general
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0024|     services department.
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0025|               E.  This section shall not apply to any property
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<center>- 2 -</center>

0001|     acquired by a museum through abandonment procedures pursuant
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0002|     to the Abandoned Cultural Properties Act."
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0003|          Section 2.  EMERGENCY.--It is necessary for the public
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0004|     peace, health and safety that this act take effect
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0005|     immediately.
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0006|                              
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