2006 Utah Code - 63A-9-801 — State surplus property program -- Definitions -- Administration.

     63A-9-801.   State surplus property program -- Definitions -- Administration.
     (1) As used in this section:
     (a) "Agency" means:
     (i) the Utah Departments of Administrative Services, Agriculture, Alcoholic Beverage Control, Commerce, Community and Culture, Corrections, Workforce Services, Health, Human Resource Management, Human Services, Insurance, Natural Resources, Public Safety, Technology Services, and Transportation and the Labor Commission;
     (ii) the Utah Offices of the Auditor, Attorney General, Court Administrator, Crime Victim Reparations, Rehabilitation, and Treasurer;
     (iii) the Public Service Commission and State Tax Commission;
     (iv) the State Boards of Education, Pardons and Parole, and Regents;
     (v) the Career Service Review Board;
     (vi) other state agencies designated by the governor;
     (vii) the legislative branch, the judicial branch, and the State Board of Regents; and
     (viii) an institution of higher education, its president, and its board of trustees for purposes of Section 63A-9-802.
     (b) "Division" means the Division of Fleet Operations.
     (c) "Information technology equipment" means any equipment that is designed to electronically manipulate, store, or transfer any form of data.
     (d) "Inventory property" means property in the possession of the division that is available for purchase by an agency or the public.
     (e) "Judicial district" means the geographic districts established by Section 78-1-2.1.
     (f) (i) "Surplus property" means property purchased by, seized by, or donated to, an agency that the agency wishes to dispose of.
     (ii) "Surplus property" does not mean real property.
     (g) "Transfer" means transfer of surplus property without cash consideration.
     (2) (a) The division shall make rules establishing a state surplus property program that meets the requirements of this chapter by following the procedures and requirements of Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
     (b) Those rules shall include:
     (i) a requirement prohibiting the transfer of surplus property from one agency to another agency without written approval from the division;
     (ii) procedures and requirements governing division administration requirements that an agency must follow;
     (iii) requirements governing purchase priorities;
     (iv) requirements governing accounting, reimbursement, and payment procedures;
     (v) procedures for collecting bad debts;
     (vi) requirements and procedures for disposing of firearms;
     (vii) the elements of the rates or other charges assessed by the division for services and handling;
     (viii) procedures governing the timing and location of public sales of inventory property; and
     (ix) procedures governing the transfer of information technology equipment by state agencies directly to public schools.
     (c) The division shall report all transfers of information technology equipment by state

agencies to public schools to the Utah Technology Commission and to the Legislative Interim Education Committee at the end of each fiscal year.
     (3) In creating and administering the program, the division shall:
     (a) when conditions, inventory, and demand permit:
     (i) establish facilities to store inventory property at geographically dispersed locations throughout the state; and
     (ii) hold public sales of property at geographically dispersed locations throughout the state;
     (b) establish, after consultation with the agency requesting the sale of surplus property, the price at which the surplus property shall be sold; and
     (c) transfer proceeds arising from the sale of state surplus property to the agency requesting the sale in accordance with Title 63, Chapter 38, Budgetary Procedures Act, less an amount established by the division by rule to pay the costs of administering the surplus property program.
     (4) Unless specifically exempted from this chapter by explicit reference to this chapter, each state agency shall dispose of and acquire surplus property only by participating in the division's program.

Amended by Chapter 139, 2006 General Session