Current with changes from the 2024 Legislative Session
Section 23-3115 - [Operative 1/1/2025] Surplus personal property other than mobile equipment; surplus mobile equipment; sale; conditions(1)(a) The county board or the purchasing agent, with the approval of the county board, may authorize a county official or employee to sell surplus personal property, other than mobile equipment, which is obsolete or not usable by the county and which has a value of:(i) Before January 1, 2025, less than two thousand five hundred dollars;(ii) Beginning January 1, 2025, and before January 1, 2029, less than three thousand five hundred dollars;(iii) Beginning January 1, 2029, and before January 1, 2034, less than four thousand five hundred dollars; and(iv) Beginning January 1, 2034, less than six thousand dollars.(b) In making such authorization, the county board or purchasing agent may place any restriction on the type or value of property to be sold, restrict such authority to a single transaction or to a period of time, or make any other appropriate restrictions or conditions. Surplus personal property which is obsolete or not usable by the county and which has a value exceeding the applicable amount described in subdivision (1)(a) of this section shall be sold through competitive bidding or at auction.(2)(a) The county board or the purchasing agent, with the approval of the county board, may authorize a county official or employee to sell surplus mobile equipment which is obsolete or not usable by the county and which has a value of: (i) Before January 1, 2025, less than five thousand dollars;(ii) Beginning January 1, 2025, and before January 1, 2029, less than seven thousand dollars;(iii) Beginning January 1, 2029, and before January 1, 2034, less than nine thousand dollars; and(iv) Beginning January 1, 2034, less than twelve thousand dollars.(b) In making such authorization, the county board or purchasing agent may place any restriction on the type or value of property to be sold, restrict such authority to a single transaction or to a period of time, or make any other appropriate restrictions or conditions. Surplus mobile equipment which is obsolete or not usable by the county and which has a value exceeding the applicable amount prescribed in subdivision (2)(a) of this section shall be sold through competitive bidding or at auction.(3) Any county official or employee granted the authority to sell surplus personal property which is obsolete or not usable by the county as prescribed in subsection (1) or (2) of this section shall make a written report to the county board within thirty days after the end of the fiscal year reflecting, for each transaction, the item sold, the name and address of the purchaser, the price paid by the purchaser for each item, and the total amount paid by the purchaser.(4) The money generated by any sales authorized by this section shall be payable to the county treasurer and shall be credited to the funds of the department, office, or agency to which the property belonged.(5) No person authorized by the county board or purchasing agent to make such sales shall be authorized to make or imply any warranty of any kind whatsoever as to the nature, use, condition, or fitness for a particular purpose of any property sold pursuant to this section. Any person making sales authorized by this section shall inform the purchaser that such property is being sold as is without any warranty of any kind whatsoever.(6) Sales of surplus property not subject to competitive bidding may be made by auction, sealed bid, public or private sale, or trade.Neb. Rev. Stat. § 23-3115
Laws 1988, LB 828, § 2; Laws 2011, LB 628,§ 3.Amended by Laws 2024, LB 938,§ 7, eff. 7/19/2024, op. 1/1/2025.This section is set out more than once due to postponed, multiple, or conflicting amendments.