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 BeverageControl, Commerce, Community and Culture, Corrections, Workforce Services, Health, HumanResource 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, CrimeVictim 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 forpurposes of Section 63A-9-802.
(b) "Division" means the Division of Fleet Operations.
(c) "Information technology equipment" means any equipment that is designed toelectronically manipulate, store, or transfer any form of data.
(d) "Inventory property" means property in the possession of the division that is availablefor purchase by an agency or the public.
(e) "Judicial district" means the geographic districts established by Section 78A-1-102.
(f) (i) "Surplus property" means property purchased by, seized by, or donated to, anagency 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 thatmeets the requirements of this chapter by following the procedures and requirements of Title63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) Those rules shall include:
(i) a requirement prohibiting the transfer of surplus property from one agency to anotheragency without written approval from the division;
(ii) procedures and requirements governing division administration requirements that anagency 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 andhandling;
(viii) procedures governing the timing and location of public sales of inventory property;and
(ix) procedures governing the transfer of information technology equipment by stateagencies 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 InterimEducation 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 locationsthroughout the state; and
(ii) hold public sales of property at geographically dispersed locations throughout thestate;
(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 agencyrequesting the sale in accordance with Title 63J, Chapter 1, Budgetary Procedures Act, less anamount established by the division by rule to pay the costs of administering the surplus propertyprogram.
(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 thedivision's program.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 382, 2008 General Session