There Is a Newer Version of the Utah Code
2011 Utah Code
Title 63A Utah Administrative Services Code
Chapter 2 Division of Purchasing and General Services
Section 401 State surplus property program -- Definitions -- Administration.
63A-2-401. State surplus property program -- Definitions -- Administration.(1) As used in this part, "agency" means:
(a) the Utah Departments of Administrative Services, Agriculture and Food, 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;
(b) the Utah Offices of the Auditor, Attorney General, Court Administrator, Utah Office for Victims of Crime, Rehabilitation, and Treasurer;
(c) the Public Service Commission and State Tax Commission;
(d) the State Boards of Education, Pardons and Parole, and Regents;
(e) the Career Service Review Office;
(f) other state agencies designated by the governor;
(g) the legislative branch, the judicial branch, and the State Board of Regents; and
(h) an institution of higher education, its president, and its board of trustees for purposes of Section 63A-2-402.
(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 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) The 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 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 63J, Chapter 1, Budgetary Procedures Act, less a fee approved in accordance with Sections 63A-1-114 and 63J-1-410, to pay the costs of administering the surplus property program.
(4) Unless specifically exempted from this part by explicit reference to this part, each state agency shall dispose of and acquire surplus property only by participating in the division's program.
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